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Typo: A Monthly Newspaper and Literary Review, Volume 2
[Scandalous condition of the libel law]
We are weary of drawing attention to the scandalous condition of the libel law in this country. If the journalists would only unite— instead of each endeavoring to supplant his neighbor—we should have a reform before the close of next session of Parliament. The latest victim is the Nelson Mail, which has been cast in £100 damages, besides costs, for simply performing a public duty—reporting the proceedings of the local Education Board. The alleged libel, uttered publicly in the Board-room, according to the Judge, was privileged, but the newspaper reporting it did so at its own risk! The Nelson Colonist, with commendable spirit, has started a subscription to assist its contemporary, heading the list with £5. This, however, should not be. It is an iniquitous state of things that fair reports of public bodies should not be privileged, and that the actual libeller should be protected, while the reporter is punished. The Crown colony of Western Australia has just removed a similar blot from its statute-book, and now leads not only the colonies, but the whole English-speaking world, in the matter of libel-law reform. The new law of that colony, which has just received the Governor's assent, contains some provisions which might with advantage be adopted here. It provides that in cases where the plaintiff appears to be unable to pay costs if unsuccessful, he shall give security for costs. It requires the plaintiff to give evidence in his own behalf, otherwise he will be non-suited; limits the commencement of proceedings to four months from the publication of the libel; defines a public meeting, and enacts that fair and accurate reports of state and municipal ceremonials, proceedings of courts of justice, political and other public meetings, shall be privileged.