Libel - Law Dictionary Search Results
Home Dictionary Name: libel Page: 2 Page 2 of about 94 results ( seconds)Publisher of libellous matter
Publisher of libellous matter, is liable both civilly and criminally in respect of any such matter he may publish, and his civil liability exists even though the publication takes place without his knowledge. 'Not only the party who originally prints, but every party who sells, who gives, or who lends a copy of an offensive publication will be liable to be prosecuted as a publisher', R. v. Mary Carlile, (1819) 3 B&Ald P. 169, per Bayley, J. if the publisher of a book becomes bankrupt, an author to whom royalties are due is not in anymore favourable position than other creditors, and can only prove for the damages he has sustained by the breach of contract, Re Grant Richards, (1907) 2 KB 33.As to the duty of publishers to send a copy of every book published in the United Kingdom to the British Museum and other libraries, see Copyright Act, 1911 (1 & 2 Geo.5, c. 46), s. 15, and the British Museum Act, 1932 (22 & 23 Geo. 5, c. 34), also BRITISH MUSEUM....
Newspaper
Newspaper, means any printed periodical work containing public news or comments on public news and includes such other class of printed periodical work as may, from time to time, be notified in this behalf by the Central Government in the Official Gazette. [Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act, 1955 (45 of 1955), s. 2 (b)]The essential pre-requisite of a periodical work containing public news or comments on public news, P.S.V. Iyer v. Commissioner of Sales Tax, AIR 1960 Ori 221 (223). (Orissa Sales Tax Act, 1947)Any paper to be classified as a newspaper, would contain a report of recent events, Commissioner of Sales Taxi v. Express Printing Press, AIR 1983 Bom 190 (192). [Bombay Sales Act, (51 of 1959), s. 2(3)][s. 81, Indian Evidence Act]The expression 'newspaper' as defined in the Working Journalists and Other Newspaper Employees (Conditions of Service) and Miscellaneous Provisions Act includes not merely 'public n...
Publication
Publication, divulgation; proclamation; also 'the communication of defamatory words to some person or persons other than the person defamed' (Odgers on Libel).The publication of fair reports of legal proceedings in Court (other than ex parte proceedings) is a Common Law right exempt from proceedings for libel.As to the publication of an apology for libel in a newspaper, see LIBEL.Is essential in an action of defamation that the publication be to a third person, though the law is otherwise in Scotland. Thus, there can be no publication as between husband and wife, Wennhak v. Morgan, (1888) 20 QBD 635; but publication can be made to either husband or wife respecting the other, Jones v. Williams, (1888) 1 TLR 572. The third party to whom the matter is published may be in the position of a servant or clerk, Edmondson v. Birch & Co., (1907) 1 KB 371, but see Osborn v. Boulter & Son, (1930) 2 KB 226; but must be able to understand the defamatory character of the matter, Sadgrove v. Hole, (19...
Fox's Act
Fox's Act, 32 Geo. 3, c. 60 [the (English) Libel Act, 1792], which secured to juries, upon indictments for libel, the right of pronouncing a general verdict of guilty or not guilty upon the whole matter in issue, and no longer bound them to find a verdict of guilty on proof of the publication of the paper charged to be a libel, and of the sense ascribed to it in the indictment. See LIBEL. Consult Odgers on Libel....
Payment of Money into Court
Payment of Money into Court, i.e., the deposit of money with the official of or banker to the Court for the purpose of proceedings commenced in that Court. Payment into Court is not strictly a defence; it is rather an attempt at a compromise. No such plea was known to the Common Law; it is entirely the creature of Statute (Odgers on Pleading). By the (English) C.L.P. Act, 1852, s. 70, the defendant in all actions (except for assault and battery false imprisonment, libel, slander, malicious arrest or prosecution or seduction) might pay into Court a sum of money by way of compensation or amends, and by the Libel Act, 1843, money might be paid into Court in actions of libel, but this provision was repealed by the (English) Statute Law Revision Act, 1879.Payment into court is now regulated by (English) R.S.C. 1883, Ord. XXII, by which, where any action is brought to recover a debt or damages, any defendant may, before or at the time of delivering his defence, or by leave of the Court or a ...
Press
Press. By the (English) Local Authorities (Admission of the Press to Meetings) Act, 1908 (8 Edw. 7, c. 43), passed inconsequence of the decision in Tenby Corporation v. Mason, (1908) 1 Ch 457, the ex-pression 'representatives of the Press' means duly accredited representatives of newspapers and duly accredited representatives of news agencies which systematically carry on the business of selling and supplying reports and information to newspapers. Though the Act gives a general right of admission, there is power by resolution temporarily to exclude the Press. See LOCAL AUTHORITY.There is no longer any censorship of the Press in this country, and any man may write and publish whatever he pleases concerning another, subject only to this--that he must take the consequences, if a jury should deem his words defamatory (Odgers on Libel, p. 10). 'The liberty of the Press consists in printing without any previous licence, subject to the consequences of law', R. v. Dean of St. Asaph, (1784) 3 T...
Defamation
Defamation, an intentional false communication, either published or publicly spoken, that injures another's reputation or good name, holding up of a person to reduce, Scorn or contempt in a respectable an considerable part of the community; may be criminal as well as civil. Includes both libel and slander. (Indian Penal Code, 1860, s. 499)Defamation, general term for words spoken (slander) or written (libel) to the prejudice of a person's character, in such wise as to support an action by such person against the speaker or writer. The ecclesiastical courts had formerly a concurrent jurisdiction in such an action, but such jurisdiction was abolished in 1855 by 18 & 19 Vict. c. 41. See LIBEL 'SLANDER. Consult Odgers on Libel and Slander.The act of a defaulter: Embezzlement or misappropriation of public or trust funds: Diminution, abatement, excision of any part of a customary allowance; a cutting off, a diminution by way of deficit....
Justification
Justification, a maintaining or showing a sufficient reason in court why the defendant did what he is called upon to answer, particularly in an action of libel; a defence of justification is a defence showing the libel to be true, or in an action of assault showing the violence to have been necessary.If in a libel action a defendant pleads justification he must give particulars of the matters upon which he intends to rely in support of his plea (see (English) R.S.C., Order XXXVI., r. 37); but it is otherwise if the plea is only one of fair comment, Digby v. Financial News, Ltd., (1907) 1 KB 502. Consult Odgers on Libel.Means (1) A lawful or sufficient reason for one's acts or omissions (2) A showing, in court, of a sufficient reason why a defendant did what the plaintiff or prosecution charges the defendant to answer for. Also termed justification defense; necessity defense (3) A surety's proof of having enough money or credit to provide security for the party for whom it is required. ...
Sedition
Sedition, an offence against the Crown and govern-ment, not capital, and not amounting to treason. It cannot be tried at Quarter Sessions. See the (English) Unlawful Assemblies Act, 1799 (39 Geo. 3, c. 79); the (English) Seditious Meetings Act, 1817 (57 Geo. 3, c. 19), jointly called the '(English) Corresponding Societies Acts,' and much resembl-ing one another. Registered friendly societies are exempted by s. 32 of the (English) Friendly Societies Acts, 1896 (59 & 60 Vict. c. 25), if transact-ing no business not relating to the objects of the societies; and the (English) Criminal Libel Act, 1819 (60 Geo. 3 & 1 Geo. 4, c. 8). By the (English) Act of 1817, s. 23, which has no parallel in the Act of 1799, political meetings of more than fifty persons within one mile of Westminster Hall, except for parliamentary election purposes, are declared unlawful on any day on which Parliament is sitting. By s. 25 of the Act of 1817, and s. 2 of the Act of 1799, every society or club, the members of...
Tort
Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court which could have been commenced in County Court, see s. 47, and COUNTY COURT. An action founded on tort was Tort [fr. tortus, Lat.], an injury or wrong independent of contract, as by assault, libel, malicious prosecution, negligence, slander, or trespass (see those titles). Actions are divided into actions in contract and actions in tort: see as to county Court jurisdiction in actions of tort when claim is under 100l. (except libel, slander seduction). See County Courts Act, 1934, s. 40, and as to costs of actions of tort commenced in High Court whic...
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