The Salt Lake herald. [volume] (Salt Lake City [Utah]) 1870-1909, 1895-03-15
Laws IN RELATION TO LIBEL.

A number of prominent newspapers
are agitating the libel question With
view to q change IN TIE laws that
govern it. Not that any Of them ex-
press a desire to escape from the re-
sDonsibilities which justly rest vpon
editors and publishers Of public jour
nails. but that they may be defined on
rational and logical lines.
One of the rules that now govern in
libel cases is that malice is implied
when the matter publ shed is untrue
or injurious to the plaintiff. This may
seem all right on a clrsory examina-
ton. but it is clearly all wrong When
thoroughly Investigated. When it is
evident from the testimony ana the I'M
disputed facts that an error has occur
red in an endeaVor to publish the
news. that there was no purI os> 10
Yilify or injure; that there was, on the
contrary, a, willingness to rectify the
wrong as far as possible; malice ought
not to be presumed and the defendant
should not be liable to anything but
actual damages.
tween news reports. gathered gener-
ally in haste and some times written
at the last moment Of going to press,
and editorial utterances which are the
formal opinions of the paper. In the
former there is usually no actual
malice, even if inaccuracies occur
which are hurtfuI to the feelings or
faf nf
TERED to. The purpose in view Is sim
ply to give the news. the reporters of
different papers Vieing with each
other SO that they will not be SCOOP
ed" In the latter there is COMMONLY
an object in view. a principle to be ad-
vanced or something to be refuted, and
occasionally personalities are INDUCED
in for which the paper should be held
responsible.
We do not say that local items.
news details. and such articles as re-
late to individuals should be exempt
from all responsibility. But we say
that, as a rule, they are absolute
ly devoid of the element OF
malice. and further, that in
cases where persons are injured by
them only the actual damages should
be assessed
1t is not very often that really repu-
table individuals sue newspaper for
libel. Sometimes that occurs, and then
there is good ground for seeking the
protection of the law. More frequently
such suits are for blackmail, divy
between adventurous attorneys and
clients whose reputation is Of
uncertain value It is a specu-
lative essay which counts on
the common disposition to
mulct corporations supposed to be
wealthy, for the benefit of some claim
ant whose case or its pIeader appeals
to the sentiments of the ordinary jury
man.
The cost and trouble Of defending
such suit are reckoned on by lawyers
undertaking such cases on percent
age, and the probability Of a compro-
mise is taken into the calculation. The
publisher is expected to be willing 10
pay something, out of which the enter
prising attorney may get his slice,
rather than face the uncertainties of
a jury trial and the odium of appear
ing to have maliciously injured an in
uocent citizen.
Against civil or criminal suits for
actual defamation of character with
clearly malicious intent we offer no
opposition. But the abuse Of the op-
portunities AFFORDED by the loose laws
on libel we think ought to be sup
pressed, We shrink from no proper
responsibility; we contend simply for
justice to the publisher as we'll as to
the public.
Some states have provisions in their
constitutions as to libel We do not
ask for anything Of the kind in the
Utah constitution. but we are of the
opinion that the legislature OF the
state. at its first session. should enact
something corrective of The abuse OF
which we complain. The following
has been introduced into the Illinois
legislature and we think it will recon-
mend itself to reasonable people every
where:
Section l. Be it enacted by the PEG.
pie of the state OF Illinois Represented
in the general assem- bly,. That in any
action brought for the publication of a
libel. in any newspaper in this state.
the plaintiff shall recover only actual
damages, if it shall appear at the trial
Of such action that such publication
was made in good faith and that
its falsity was due to mistake
or misrepresentation OF the facts
and that in the next regular issue
Of SAID newspaper, after such mistake
or misrepresentation was brought to
the knowledge of the publisher or pub
fishers OF such newspaper q c0rrec.
ton De retraction was published in MS
conspicuous manner and place ia
said newspaper as was the libel.
Section g. No exemplary or punitive
damages shall be recovered in any ac-
z..ioA brought Tor the publication of a
libel in any newspaper in ,hfs state
unless the plaintiff shaH, before bring.
ing suit. give notice in writing to the
defendant to publish a retraction 0,
correction of the libel. and shall. before
bringing suit, allow the defendant o
reasonable time in which to publish
such retractiop or correction. Proof OF
publication of such retraction or cor
rection shall be admissible in evidence
under the general issue, in mitigation