Defamation Act (Northern Ireland) 1955

S. 1 rep. by 1990 c. 42

2 Slander affecting official, professional or business reputation. N.I.

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.

3 Slander of title, etc. N.I.

(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.

[F1 4 Unintentional defamation. N.I.

(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after the defendant received notice that they were or might be defamatory of the plaintiff, and has not been withdrawn.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;

and if no such proceedings as aforesaid are taken, the High Court may, upon application made by the party aggrieved, make any such order for the payment of such costs and expenses as aforesaid as could be made in such proceedings.

(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,

and in either case that the publisher exercised all reasonable care in relation to the publication; and any reference in this sub-section to the publisher shall be construed as including a reference to any servant or agent of his who was concerned with the contents of the publication.

(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.]

F1 S. 4 repealed (4.9.1996 so far as consequential on ss. 1, 5, 6, 12, 13 of the repealing Act, otherwise prosp.) by 1996 c. 31, ss. 16, 19(2)(3)(a), Sch. 2 (with s. 20(2))

5 Justification. N.I.

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.

6 Fair comment. N.I.

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.

[F2 7 Qualified privilege of newspapers. N.I.

(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[1888 c.64] ) 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.]

F2 S. 7 repealed (4.9.1996 so far as consequential on ss. 1, 5, 6, 12, 13 of the repealing Act, 1.4.1999 so far as consequential on ss. 14, 15, 17, Sch. 1, otherwise prosp.) by 1996 c. 31, ss. 16, 19(2)(3)(a), Sch. 2 (with s. 20(2)); S.I. 1999/817, art. 2

[F3 8 Extent of Law of Libel Amendment Act, 1888 s.3. N.I.

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.]

F3 S. 8 repealed (4.9.1996 so far as consequential on ss. 1, 5, 6, 12, 13 of the repealing Act, 1.4.1999 so far as consequential on ss. 14, 15, 17, Sch. 1, otherwise prosp.) by 1996 c. 31, ss. 16, 19(2)(3)(a), Sch. 2 (with s. 20(2)); S.I. 1999/817, art. 2

9 Extension of certain defences to broadcasting. N.I.

(1) Section three of the Parliamentary Papers Act, 1840 M1 (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.

[F4 (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".]

[F5 (3) In this section "broadcasting station" means any station in respect of which a licence granted by the Postmaster General F6 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.]

F4 S. 9(2) repealed (4.9.1996 so far as consequential on ss. 1, 5, 6, 12, 13 of the repealing Act, 1.4.1999 so far as consequential on ss. 14, 15, 17, Sch. 1, otherwise prosp.) by 1996 c. 31, ss. 16, 19(2)(3)(a), Sch. 2 (with s. 20(2)); S.I. 1999/817, art. 2

F5 S. 9(3) repealed (4.9.1996 so far as consequential on ss. 1, 5, 6, 12, 13 of the repealing Act, 1.4.1999 so far as consequential on ss. 14, 15, 17, Sch. 1, otherwise prosp.) by 1996 c. 31, ss. 16, 19(2)(3)(a), Sch. 2 (with s. 20(2)); S.I. 1999/817, art. 2

F6 Ref. to Postmaster General to be construed as including ref. to S of S, 1969 c.48 s.3(1); SI 1974/691

Marginal Citations

M1 1840 c.9

10 Limitation on privilege at elections. N.I.

(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[F7 or to the Scottish Parliament], 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 …F8 [F9 …F8 a district council].

F7 1998 c. 46

F8 1972 c. 9 (NI)

F9 1972 c. 9 (NI)

11 Agreements for indemnity. N.I.

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.

12 Evidence of other damages recovered by plaintiff. N.I.

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.

13 Consolidation of actions for slander, etc. N.I.

Section five of the Law of Libel Amendment Act, 1888 M2 (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.

Marginal Citations

M2 1888 c. 64

14 Interpretation. N.I.

(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) [F10 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[1949 c.54] , and "broadcast by means of wireless telegraphy" shall be construed accordingly.]

Subs. (3) rep. by 1984 c. 46

F10 S. 14(2) repealed (4.9.1996 so far as consequential on ss. 1, 5, 6, 12, 13 of the repealing Act, otherwise prosp.) by 1996 c. 31, ss. 16, 19(2)(3)(a), Sch. 2 (with s. 20(2))

15 Proceedings affected and saving. N.I.

(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.

16 Short title and commencement. N.I.

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

Subs. (2) rep. by SLR 1973