The Scranton tribune. [volume] (Scranton, Pa.) 1891-1910, 1897-01-15
Needed Libel Reform.


A meeting of representative newspa-
per publishers from the several counties
of the state will be held in Harrisburg
next Tuesday to consider plans for
bringing to the attention of the legis-
lature the need of revision of the libel
laws of Pennsylvania. There are to-
day not less than $5O,0O0,0 900 invested
in the publication of newspapers with
in this commonwealth. This money,
while invested of course primarily with
a view to pecuniary profit, is neverthe-
less continually yielding to the COM
munity inestimable benefits; yet as the
law stands this form of enterprise Is
the object of a singular and utterly un-
just discrimination. AS Colonel Me-
Clure, the leader in the movement for
libel reform, points out there 49, frst
and very properly, criminal prosecu-
tion for malicious and defamatory libel
with the penalty of fine and imprison-
ment, and even when thus punished
criminally, under our present laws
there may be punitive damages recov-
cred in addition. This double punish
ment beyond just restitution to in
jured parties is confined solely to the
newspaper profession. No other citl-
zen of the state could thus be punished,
and in all actions for damages outside
of libel, the law authorizes only resti-
tuition for actual injury sustained"
The Editorial association of Pennsyl-
vania asks that this unfair discrimina-
tion be removed. 1t asks for the en-
actment of law substantially as fol-
lows:
If any person shall willfully and with
malicious intent to injure another pub
lish, or procure to be published, any libel
such person shall be guilty of a misde-
meanor, and on conviction, be sentenced
to pay fine not exceeding one thousand
dollars, or undergo imprisonment not eN-
Ceeding twelve months, or both, or either,
at the discretion of the court In every
criminal prosecution and in every civil
action for publishing a libel, the defend-
ant may upon the trial, give in evidence
the truth of the matter contained in the
publication charged as libelous, and such
evidence shall be deemed a sufficient jus
tification, unless malicious intention is
proved affrmatvely. No conviction shall
be had in any prosecution for libel where
the fact shall be established to the salts
faction of the jury that such publca-
tion was not maliCiously or negligently
made, but was published with good mo-
tives and for justiable ends.
In any action brought for the publlCa-
ton of. libel in any newspaper of this
commonwealth the plaintiff shall recover
only actual damages, if 1t shall appear at
the trial of such action that such publica-
tion were true and that its falsity was
due to mistake or misrepresentation of the
~, t1E,t. iGGtt
of said newspaper, after such mistake or
misapprehcnSion was brought to the
knowledge of the publisher or publishers
of such newspaper, whether before OF
after suit brought, a correction or retrac-
tion was published in as conspicuous a
manner and place in said newspaper as
was the libel.
Criminal actions for libel shall
be maintained for any maliciously
false publication, or for ma
licious publication not proper for
public information relating to private
individual, against the writer, the editor
who directs the publication, the person OF
persons who furnish the malicious and
false information and any editor or pub
Usher who knowingly permitted such
publications. but malice shall be proved as
other criminal charges are proved, without
legal presumption of guilt.
In any civil action for libel, the plea q
quate when it is pleaded by the defendant
that the publication is substantially true
in every material respect; and If sucl
plea shall be established to the satiStac
ton of the court and jury there shall b'
no recovery. The plea of justification, Il
made in good faith, shall not enhance
damages. In civil actions for libel the de
fcndant may at any time before the tlia
of the case apply to the court for RUE
upon the plaintiff to show cause why Sc
curty should not be entered by the plain
tiff for costs, including reasonable coun
sci fees; and if in the judgment of th
court such security should be entered II
the maintenance of justice, it shall b.
given satisfactory to the court, befor
the trial of the case can proceed.
We invite public study of the forego
ing provisions of a bill soon to be intro
duced at Harrisburg and stand ready
TO explain or to defend each one as be
ing equitable to all concerned.