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	Statutes of Northern Ireland
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LIBEL ACT 1843

LIBEL ACT 1843 - LONG TITLE

An Act to amend the Law respecting defamatory Words and Libel.{1}
[24th August 1843]
Preamble rep. by SLR 1891[

LIBEL ACT 1843 - SECT 1
Offer of an apology admissible in evidence in mitigation of damages
in action for defamation.

1.] In any action for defamation it shall be lawful for the
defendant (after notice in writing of his intention so to do, duly
given to the plaintiff at the time of filing or delivering the
plea in such action, ) to give in evidence, in mitigation of
damages, that he made or offered an apology to the plaintiff for
such defamation before the commencement of the action, or as soon
afterwards as he had an opportunity of doing so, in case the
action shall have been commenced before there was an opportunity of
making or offering such apology.

LIBEL ACT 1843 - SECT 2
In an action against a newspaper for libel, the defendant may plead
that it was inserted without malice and without negligence, and that
he has published or offered to publish an apology.

2. In an action for libel contained in any public newspaper or
other periodical publication it shall be competent to the defendant
to plead that such libel was inserted in such newspaper or other
periodical publication without actual malice, and without gross
negligence, and that before the commencement of the action, or at
the earliest opportunity afterwards, he inserted in such newspaper or
other periodical publication a full apology for the said libel, or,
if the newspaper or periodical publication in which the said libel
appeared should be ordinarily published at intervals exceeding one
week, had offered to publish the said apology in any newspaper or
periodical publication to be selected by the plaintiff in such
action; ... and to such plea to such action it shall be competent
to the plaintiff to reply generally, denying the whole of such
plea.

S.3 rep. by 1916 c.50 s.48(1) sch.

LIBEL ACT 1843 - SECT 4
Publication of libel known to be false.

4. If any person shall maliciously publish any defamatory libel,
knowing the same to be false, every such person, being convicted
thereof, shall be liable to be imprisoned ... for any term not
exceeding two years, and to pay such fine as the court shall
award.

LIBEL ACT 1843 - SECT 5
Publication of libel.

5. If any person shall maliciously publish any defamatory libel,
every such person, being convicted thereof, shall be liable to fine
or imprisonment or both, as the court may award, such imprisonment
not to exceed the term of one year.

LIBEL ACT 1843 - SECT 6
On trial of indictment defendant may plead the truth of the matters
charged, and that their publication was for the public benefit, and
thereupon the truth of the matter charged may be inquired into.

6. On the trial of any indictment ... for a defamatory libel, the
defendant having pleaded such plea as herein-after mentioned, the
truth of the matters charged may be inquired into, but shall not
amount to a defence, unless it was for the public benefit that the
said matters charged should be published; and to entitle the
defendant to give evidence of the truth of such matters charged as
a defence to such indictment ... it shall be necessary for the
defendant, in pleading to the said indictment ..., to allege the
truth of the said matters charged in the manner now required in
pleading a justification to an action for defamation, and further to
allege that it was for the public benefit that the said matters
charged should be published, and the particular fact or facts by
reason whereof it was for the public benefit that the said matters
charged should be published, to which plea the prosecutor shall be
at liberty to reply generally, denying the whole thereof; and if
after such plea the defendant shall be convicted on such indictment
... it shall be competent to the court, in pronouncing sentence, to
consider whether the guilt of the defendant is aggravated or
mitigated by the said plea, and by the evidence given to prove or
to disprove the same: Provided always, that the truth of the
matters charged in the alleged libel complained of by such
indictment ... shall in no case be inquired into without such plea
of justification: Provided also, that in addition to such plea it
shall be competent to the defendant to plead a plea of not guilty:
Provided also, that nothing in this Act contained shall take away
or prejudice any defence under the plea of not guilty which it is
now competent to the defendant to make under such plea to any
action or indictment ... for defamatory words or libel.

LIBEL ACT 1843 - SECT 7
Defendant may produce evidence to rebut prima8 facie case of
publication by his agent.

7. Whensoever, upon the trial of any indictment ... for the
publication of a libel, under the plea of not guilty, evidence
shall have been given which shall establish a presumptive case of
publication against the defendant by the act of any other person by
his authority, it shall be competent to such defendant to prove
that such publication was made without his authority, consent, or
knowledge, and that the said publication did not arise from want or
due care or caution on his part.

S.8 rep. by 1968 c.10 (NI) s.11 sch.

LIBEL ACT 1843 - SECT 9
Interpretation of Act.

9. Wherever throughout this Act, in describing the plaintiff or the
defendant, or the party affected or intended to be affected by the
offence, words are used importing the singular number or the
masculine gender only, yet they shall be understood to include
several persons as well as one person, and females as well as
males, unless when the nature of the provision or the context of
the Act shall exclude such construction.