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DEFAMATION ACT (NORTHERN IRELAND) 1955

DEFAMATION ACT (NORTHERN IRELAND) 1955 - LONG TITLE

An Act to amend the law relating to libel and slander and other
malicious falsehoods.
[21st June 1955]
Broadcast statements.

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 1

1. For the purposes of the law of libel and slander, the
broadcasting of words by means of wireless telegraphy shall be
treated as publication in permanent form.

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 2
Slander affecting official, professional or business reputation.

2. In an action for slander in respect of words calculated to
disparage the plaintiff in any office, profession, calling, trade or
business held or carried on by him at the time of the publication,
it shall not be necessary to allege or prove special damage,
whether or not the words are spoken of the plaintiff in the way
of his office, profession, calling, trade or business.

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 3
Slander of title, etc.

3.(1) In an action for slander of title, slander of goods or other
malicious falsehood, it shall not be necessary to allege or prove
special damage

(a)if the words upon which the action is founded are calculated to
cause pecuniary damage to the plaintiff and are published in writing
or other permanent form; or

(b)if the said words are calculated to cause pecuniary damage to
the plaintiff in respect of any office, profession, calling, trade
or business held or carried on by him at the time of the
publication.

(2) Section one shall apply for the purposes of this section as it
applies for the purposes of the law of libel and slander.

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 4
Unintentional defamation.

4.(1) A person who has published words alleged to be defamatory of
another person may, if he claims that the words were published by
him innocently in relation to that other person, make an offer of
amends under this section; and in any such case

(a)if the offer is accepted by the party aggrieved and is duly
performed, no proceedings for libel or slander shall be taken or
continued by that party against the person making the offer in
respect of the publication in question (but without prejudice to any
cause of action against any other person jointly responsible for
that publication);

(b)if the offer is not accepted by the party aggrieved, then,
except as otherwise provided by this section, it shall be a
defence, in any proceedings by him for libel or slander against the
person making the offer in respect of the publication in question,
to prove that the words complained of were published by the
defendant innocently in relation to the plaintiff and that the offer
was made as soon as practicable after the defendant received notice
that they were or might be defamatory of the plaintiff, and has
not been withdrawn.

(2) An offer of amends under this section must be expressed to be
made for the purposes of this section, and must be accompanied by
an affidavit specifying the facts relied upon by the person making
it to show that the words in question were published by him
innocently in relation to the party aggrieved; and for the purposes
of a defence under paragraph (b) of sub-section (1) no evidence,
other than evidence of facts specified in the affidavit, shall be
admissible on behalf of that person to prove that the words were
so published.

(3) An offer of amends under this section shall be understood to
mean an offer

(a)in any case, to publish or join in the publication of a
suitable correction of the words complained of, and a sufficient
apology to the party aggrieved in respect of those words;

(b)where copies of a document or record containing the said words
have been distributed by or with the knowledge of the person making
the offer, to take such steps as are reasonably practicable on his
part for notifying persons to whom copies have been so distributed
that the words are alleged to be defamatory of the party aggrieved.

(4) Where an offer of amends under this section is accepted by the
party aggrieved

(a)any question as to the steps to be taken in fulfilment of the
offer as so accepted shall in default of agreement between the
parties be referred to and determined by the High Court, whose
decision thereon shall be final;

(b)the power of the court to make orders as to costs in
proceedings by the party aggrieved against the person making the
offer in respect of the publication in question, or in proceedings
in respect of the offer under paragraph (a), shall include power to
order the payment by the person making the offer to the party
aggrieved of costs on an indemnity basis and any expenses reasonably
incurred or to be incurred by that party in consequence of the
publication in question;

(5) For the purposes of this section words shall be treated as
published by one person (in this sub-section referred to as the
publisher) innocently in relation to another person if and only if
the following conditions are satisfied, that is to say

(a)that the publisher did not intend to publish them of and
concerning that other person, and did not know of circumstances by
virtue of which they might be understood to refer to him; or

(b)that the words were not defamatory on the face of them, and the
publisher did not know of circumstances by virtue of which they
might be understood to be defamatory of that other person,

(6) Paragraph (b) of sub-section (1) shall not apply in relation to
the publication by any person of words of which he is not the
author unless he proves that the words were written by the author
without malice.

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 5
Justification.

5. In an action for libel or slander in respect of words
containing two or more distinct charges against the plaintiff, a
defence of justification shall not fail by reason only that the
truth of every charge is not proved if the words not proved to be
true do not materially injure the plaintiff's reputation having
regard to the truth of the remaining charges.

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 6
Fair comment.

6. In an action for libel or slander in respect of words
consisting partly of allegations of fact and partly of expression of
opinion, a defence of fair comment shall not fail by reason only
that the truth of every allegation of fact is not proved if the
expression of opinion is fair comment having regard to such of the
facts alleged or referred to in the words complained of as are
proved.

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 7
Qualified privilege of newspapers.

7.(1) Subject to the provisions of this section, the publication in
a newspaper of any such report or other matter as is mentioned in
the Schedule shall be privileged unless the publication is proved to
be made with malice.

(2) In an action for libel in respect of the publication of any
such report or matter as is mentioned in Part II of the Schedule,
the provisions of this section shall not be a defence if it is
proved that the defendant has been requested by the plaintiff to
publish in the newspaper in which the original publication was made
a reasonable letter or statement by way of explanation or
contradiction, and has refused or neglected to do so, or has done
so in a manner not adequate or not reasonable having regard to all
the circumstances.

(3) Nothing in this section shall be construed as protecting the
publication of any matter the publication of which is prohibited by
law, or of any matter which is not of public concern and the
publication of which is not for the public benefit.

(4) Nothing in this section shall be construed as limiting or
abridging any privilege subsisting (otherwise than by virtue of
section four of the Law of Libel Amendment Act, 1888) immediately
before the commencement of this Act.

(5) In this section the expression "newspaper" means any paper
containing public news or observations thereon, or consisting wholly
or mainly of advertisements, which is printed for sale and is
published in the United Kingdom either periodically or in parts or
numbers at intervals not exceeding thirty-six days.

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 8
Extent of Law of Libel Amendment Act, 1888 s.3.

8. Section three of the Law of Libel Amendment Act, 1888 (which
relates to contemporary reports of proceedings before courts
exercising judicial authority) shall apply and apply only to courts
exercising judicial authority within the United Kingdom.

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 9
Extension of certain defences to broadcasting.

9.(1) Section three of the Parliamentary Papers Act, 1840 (which
confers protection in respect of proceedings for printing extracts
from or abstracts of parliamentary papers) shall have effect as if
the reference to printing included a reference to broadcasting by
means of wireless telegraphy.

(2) Section seven of this Act and section three of the Law of
Libel Amendment Act, 1888, shall apply in relation to reports or
matters broadcast by means of wireless telegraphy as part of any
programme or service provided by means of a broadcasting station
within the United Kingdom, and in relation to any broadcasting by
means of wireless telegraphy of any such report or matter, as they
apply in relation to reports and matters published in a newspaper
and to publication in a newspaper; and sub-section (2) of the said
section seven shall have effect, in relation to any such
broadcasting, as if for the words "in the newspaper in which" there
were substituted the words "in the manner in which".

(3) In this section "broadcasting station" means any station in
respect of which a licence granted by the Postmaster General under
the enactments relating to wireless telegraphy is in force, being a
licence which (by whatever form of words) authorises the use of the
station for the purpose of providing broadcasting services for
general reception.

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 10
Limitation on privilege at elections.

10.(1) A defamatory statement published by or on behalf of a
candidate in any election to a local authority, or to Parliament,
or to the Parliament of the United Kingdom, shall not be deemed to
be published on a privileged occasion on the ground that it is
material to a question in issue in the election, whether or not
the person by whom it is published is qualified to vote at the
election.

(2) In this section the expression "local authority" means ... [...
a district council].

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 11
Agreements for indemnity.

11. An agreement for indemnifying any person against civil liability
for libel in respect of the publication of any matter shall not be
unlawful unless at the time of the publication that person knows
that the matter is defamatory, and does not reasonably believe there
is a good defence to any action brought upon it.

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 12
Evidence of other damages recovered by plaintiff.

12. In any action for libel or slander the defendant may give
evidence in mitigation of damages that the plaintiff has recovered
damages, or has brought actions for damages, for libel or slander
in respect of the publication of words to the same effect as the
words on which the action is founded, or has received or agreed to
receive compensation in respect of any such publication.

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 13
Consolidation of actions for slander, etc.

13. Section five of the Law of Libel Amendment Act, 1888 (which
provides for the consolidation, on the application of the defendants,
of two or more actions for libel by the same plaintiff) shall
apply to actions for slander and to actions for slander of title,
slander of goods or other malicious falsehood as it applies to
actions for libel; and references in that section to the same, or
substantially the same, libel shall be construed accordingly.

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 14
Interpretation.

14.(1) Any reference in this Act to words shall be construed as
including a reference to pictures, visual images, gestures and other
methods of signifying meaning.

(2) In this Act "broadcasting by means of wireless telegraphy" means
publication for general reception by means of wireless telegraphy
within the meaning of the Wireless Telegraphy Act, 1949, and
"broadcast by means of wireless telegraphy" shall be construed
accordingly.

(3) Where words broadcast by means of wireless telegraphy are
simultaneously transmitted by telegraph as defined by the Telegraph
Act, 1863, ... the provisions of this Act shall apply as if the
transmission were broadcasting by means of wireless telegraphy.

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 15
Proceedings affected and saving.

15.(1) This Act applies for the purposes of any proceedings begun
after the commencement of this Act, whenever the cause of action
arose, but does not affect any proceedings begun before the
commencement of this Act.

(2) Nothing in this Act affects the law relating to criminal libel.

DEFAMATION ACT (NORTHERN IRELAND) 1955 - SECT 16
Short title and commencement.

16.(1) This Act may be cited as the Defamation Act (Northern
Ireland), 1955, ... Commencement ...

Subs.(2) rep. by SLR 19731. A fair and accurate report of any
proceedings in public of the legislature of any part of Her
Majesty's dominions outside Northern Ireland.

2. A fair and accurate report of any proceedings in public of an
international organisation of which the United Kingdom or Her
Majesty's Government in the United Kingdom is a member, or of any
international conference to which that government sends a
representative.

3. A fair and accurate report of any proceedings in public of an
international court.

4. A fair and accurate report of any proceedings before a court
exercising jurisdiction throughout any part of Her Majesty's dominions
outside the United Kingdom, or of any proceedings before a
court-martial held outside the United Kingdom under the Naval
Discipline Act, the Army Act or the Air Force Act.

5. A fair and accurate report of any proceedings in public of a
body or person appointed to hold a public inquiry by the government
or legislature of any part of Her Majesty's dominions outside the
United Kingdom.

6. A fair and accurate copy of or extract from any register kept
in pursuance of any Act of Parliament which is open to inspection
by the public, or of any other document which is required by the
law of any part of the United Kingdom to be open to inspection by
the public.

7. A notice or advertisement published by or on the authority of
any court within the United Kingdom or any judge or officer of
such a court.

8. A fair and accurate report of the findings or decision of any
of the following associations, or of any committee or governing body
thereof, that is to say

(a)an association formed in the United Kingdom for the purpose of
promoting or encouraging the exercise of or interest in any art,
science, religion or learning, and empowered by its constitution to
exercise control over or adjudicate upon matters of interest or
concern to the association, or the actions or conduct of any
persons subject to such control or adjudication;

(b)an association formed in the United Kingdom for the purpose of
promoting or safeguarding the interests of any trade, business,
industry or profession, or of the persons carrying on or engaged in
any trade, business, industry or profession, and empowered by its
constitution to exercise control over or adjudicate upon matters
connected with the trade, business, industry or profession, or the
actions or conduct of those persons;

(c)an association formed in the United Kingdom for the purpose of
promoting or safeguarding the interests of any game, sport or
pastime to the playing or exercise of which members of the public
are invited or admitted, and empowered by its constitution to
exercise control over or adjudicate upon persons connected with or
taking part in the game, sport or pastime,

9. A fair and accurate report of the proceedings at any public
meeting held in the United Kingdom, that is to say, a meeting bona
fide and lawfully held for a lawful purpose and for the futherance
or discussion of any matter of public concern, whether the admission
to the meeting is general or restricted.

10. A fair and accurate report of the proceedings at any meeting
or sitting in any part of the United Kingdom of

(a) any local authority or committee of a local authority or local
authorities;

(b)any justice or justices of the peace acting otherwise than as a
court exercising judicial authority;

(c)any commission, tribunal, committee or person appointed for the
purposes of any inquiry by Act of Parliament, by Her Majesty, by
the Governor or by a Minister of Northern Ireland or other Minister
of the Crown;

(d) any person appointed by a local authority to hold a local
inquiry in pursuance of any Act of Parliament;

(e)any other tribunal, board, committee or body constituted by or
under, and exercising functions under, an Act of Parliament,

11. A fair and accurate report of the proceedings at a general
meeting of any company or association constituted, registered or
certified by or under any Act of Parliament or incorporated by
Royal Charter, not being a private company within the meaning of
the Companies Act (Northern Ireland), 1932.

12. A copy or fair and accurate report or summary of any notice
or other matter issued for the information of the public by or on
behalf of any government department, officer of state, local
authority or chief officer of police.

13. In this Schedule the following expressions have the meanings
hereby respectively assigned to them, that is to say

"Act of Parliament" includes an Act of Parliament of the United
Kingdom, and the reference to the Companies Act (Northern Ireland),
1932, includes a reference to any corresponding enactment of the
Parliament of the United Kingdom;

"government department" includes a department of the Government of
the United Kingdom;

"international court" means the International Court of Justice and
any other judicial or arbitral tribunal deciding matters in dispute
between States;

"legislature", in relation to any territory comprised in Her
Majesty's dominions which is subject to a central and a local
legislature, means either of those legislatures;

"local authority" means any authority or body to which ... [...
sections 23 to 27 of the Local Government Act (Northern Ireland)
1972 apply or to which the Public Bodies (Admission to Meetings)
Act 1960 applies];

"part of Her Majesty's dominions" means the whole of any territory
within those dominions which is subject to a separate legislature.

14. In relation to the following countries and territories, that is
to say, India, the Republic of Ireland, any protectorate, protected
state or trust territory within the meaning of the British
Nationality Act, 1948, any territory administered under the authority
of a country mentioned in sub-section (3) of section one of that
Act, the Sudan and the New Hebrides, the provisions of this
Schedule shall have effect as they have effect in relation to Her
Majesty's dominions, and references therein to Her Majesty's dominions
shall be construed accordingly.