The Memphis appeal. [volume] (Memphis, Tenn.) 1886-1890, 1889-01-14
ENGLISH LAW OF LIBEL.
TEXT OF THE NEW STATUTE IN
FAVOR OF NEWSPAPERS,
By Which They Are Held Blameless For
Anything They May Print OF Reports
of Public Meetings. Quarter Sessions,
Action of Committees, Etc.

interview that appeared in the Herald on
December o, 1888. Sir Algcrnon Borth-
wick, NJ. p, the promoter OF the bill, who
is proprietor OF the Morning Post, explained
in the course Of the interview that the bill
was introduced with the special object OF
preventing vexatious suits for libel, ito
give froer scope TO newspapers, and ms far
ms possible to prevent criminal prosecu-
tons against newspaper proprietors."
Sir Algernon described il as essentially
areporters' bill"
The following is the exact and complete
text of the bill which has now become n
law:
al. In the construction Of this act tho
word newspaper shall have the same
meaning rs in the Newspaper Libel and
Registration Act, 1881.
"2. Section . Of the Newspaper Libel
and Registration Act, 1881, is hereby re-
pcalcd.
"3. A iair and accurate report in any
newspaper of proceedings public heard
before any court exercising judicial au-
thority shall, II published contemporary
eously with such proceedings, be privi-
legged; provided that nothing in this see
ton shall authorize the publication OF any
blnsphcmous OF indecent matter.
~. fair and accurate report published
in any newspaper OF the proceedings of a
public meeting, or Except where neither
the public nor any newspaper reporter is
ADMITTEDLY Of any meeting OF u voslry,
town council, school board, board OF guar
dians, board or local authority formed or
constituted under the provisions OF any
net OF Parliament, or OF any committee
appointed by the above mentioned bodies,
or OF any meeting OF any commissioners
authorized TO act 10y letters patent, net Of
Parliament, warrant under the royal sign
manual, or other lawful warrant or author.
ity, select committees of either house OF
Parliament, Justices OF the Peace in quar-
ter sessions assembled for administrative
or dcliberativo purpose and the publica.
ton nj the request Of any Government Of.
fec or department, officer Of state, Com
missioner OF Police, or chef Constable Of
any notice or report issued 10y them for
the information OF the public shall
be privileged, unless IL shall be proved
that such report or publication was pub
hshed or made malcously, Provided,
that nothing In this section shall author
Ire the publication OF any blasphCmou. or
indecent matter; Provided also. that tho
protection intended 10 be- afforded bv this
section shall not be- available ~ defense
In any proceedings II II shall b. proved
that the defendant has been requested to
insert, in the newspaper la which the rc-
port on other publication complained OF
appeared, q reasonable letter a. statement
by way of contradiction of explain
alton Of such report or Other publ
cation, and has refused or neglected 10
iuscrt the same; Provided. further. that
nothing In this section contained shau be-
deemed ar construed 20 limit OF ahridsc
any privilege now Ny law existing,
or 10 protect the publication OF any matter
not oi public concern, and the publication
Of which Is not Tor the public benefit For
the purposes OF this section public meet
ing shall mean any meeting bona Ode and
lawfully held Tor lawful purpose, aud Tor
The iurihcuncc Ofdiscussion Ut any matter
OF public concern, whether the admission
thereto be- general or restricted
"5. II shall be- competent llra Judge or
the court. upon an application b. On on
behalf ol two or mon, defendants in ac.
tions in respect Ia thc same. o. suhsian-
TALLY the same, libel brought hy one and
the same person, 90 make an order iur tho
consolidation Ut such actions, 20 that ,hry
shall be- tried together and after such
order has been made. and before the trial
ol the said actions, the defendants ia uny
new actions Instituted Ia respect 60 thp
same or substantially thU same, labs. shall
n.so ho entitled % be- joined iu q common
action upon joint application being made
by such new defendants anl ,hc dcirnd-
ants in the actions aipaly consolidated.
In consolidated action under this section
the iury shall aslcss ,hc whole amount of
the damages lif ANY, In one sum but "a
separate verdict shall bp taken i0I VI
against each defendant In The sumo why us
II the actions consolidated hal been tiled
separately; and Il the Jury shall have
found a verdict against ihp defendant lr
defendants In more than Onu li the actions
30 consolidated, they shall pIutccl o. ap.
portion the amount a damages which they
shall have ~ found between and ngiin't
the said lat mentioned defendant, unt
The Judge nj the trial. II Ice awards 10 tho
plaintiff the costs Of the action, shall there.
upon make such order a. hc shall doom
jurt Tor the appuuIUnment II such coats
between and against tuch defendants.
20. 81 thc lrih oi an action ior a Nhpl
contained In any newspaper the defendant
fhall BE- at liberty "a UyU il evidence la
mitigation Of damages that thc plaintiff
has alrcndy recovered tof has brought
actions iorl damages or has rrcci,cl or
ngned a. receive compensation Boa respect
at a libel ~ libcls ~ Tee same purpuft ur
elect a. thc libel Cor which such action
has hccn brought
-. u shall not he necessary in srt out
in any indictment ur other Judicial pro.
cccding instituted against the ruirsb6r ri
any olro,ne lil,l the Ulr.nano Ilrug.s. but
Il shall hc sufficient 10 deposit co. huua.
nCWHpapcf ur other documents containing
the allr.Ud libel with iho iuiittmUnt ur
oihor Judicial proceeding. tuwihUr with
particulars showing precisely ly uiUnupf
o. pages, columns aud lines In what paft
ol the book. newspaper W other document
The alleged libel "a 81 be- found. aud surh
particulars shall be Deemed 10 form par.
ct the i'cnn. and ~ proceedings may ho
taken ihcfruu as though The Uaeagus com.
planned ui bal been ssi ont in thu udirt-
mont ~ Judicial proceeding.
- Section 3 II che ilih and 18TH Vie.
tOria, chapter hl b. hcruby IrtetlrI ami
Instead thereof b. itrntrtel thai mo- min.
inal Prosecution shah he commenced
ngains any proprietor Publisher. editor
90 any pCron responsible i1r tine uuh icl.
ton Ul u ncWHp1pUrtur auy lIlrl published
thcr'in Without ihr urUirf ui . IYter Ia
Chambers being liHg hal AMI obtained.
huch application shall boz made un notirp
90 the person accused Who shall have rp
opportunity Of being heard against such
application.
- Every person charged with the
q 4. II ID. -