Sedition and Undesirable Publications (CAP. 396 1

CHAPTER 396

THE SEDITION AND UNDESIRABLE
PUBLICATIONS ACT

Arrangement of Sections
Section

1 . Short title.
2. Interpretation.
3 . Meaning of seditious intention.
4. Offences in respect of sedition.
5. Limitation of proceedings under section 4.
6. Corroborative evidence required.
7. Power to prohibit the importation of undesirable

publications.
8. Offences in respect of prohibited publications.
9 . Limitation of proceedings under section 8.

10. Innocent possession of prohibited publication.
1 1 . Power to examine suspected packages.
12. Power to grant search warrants.
13. Obstruction etc.
14. Seditious and prohibited publications forfeited.
15. Summary trial.

SEDITION AND UNDESIRABLE PUBLICATIONS

(14th December, 1938.) 1111938. 1011941.
S.R.O. 2211956.

1. This Act may be cited as the Sedition and short title.
Undesirable Publications Act.

2. In this Act- Interpretation.

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2 CAP. 396) Sedition and Undesirable Publications

Meaning of
seditious
intention.

'" import" includes-

(a) to bring into Antigua and Barbuda,
and

( b ) to bring within the internal waters of
Antigua and Barbuda whether pr not the
publication is brought ashore, and whether or
not there is an intention to bring the same
ashore;

"publication" includes all written or printed matter and
everything, whether of a nature similar to written
or printed matter or not, containing any visible
representation, or by its form, shape, or in any
manner capable of suggesting words or ideas, and
every copy and reproduction of any publication;

"periodical publication" includes every publication
issued periodically or in parts or numbers at inter-
vals whether regular or irregular;

"prohibited publication" means any publication the
importation of which has been prohibited by Order
under section 7:

"seditious publication" means a publication having a
seditious intention;

"seditious words" means words having a seditious
intention.

3. A "seditious intention" is an intention-

(i) to bring into hatred or contempt or to excite
disaffection against the person of Her Majesty,
Her heirs or successors, or the Government
as by law established; or

(ii) to excite Her Majesty's subjects or inhabitants
of Antigua and Barbuda to attempt to procure
the alteration, otherwise than by lawful means,
of any other matter in Antigua and Barbuda
as by law established; or

LAWS OF ANTIGUA AND BARBUDA

Sedition and Undesirable Publications (CAP. 396 3

(iii) to bring into hatred or contempt or to excite
disaffection against the administration of
justice in Antigua and Barbuda; or

(iv) to raise discontent or disaffection amongst Her
Majesty's subjects or inhabitants of Antigua
and Barbuda; or

(v) to promote feelings of ill-will and hostility
between different classes of the population of
Antigua and Barbuda.

But an act, speech or publication is not seditious by
reason only that it intends-

(a) to show that Her Majesty has been misled or
mistaken in any of her measures; or

(6) to point out errors or defects in the Govern-
ment or Constitution as by law established or in
legislation or in the administration ofjustice with a view
to the remedying of such errors or defects; or

( 6 ) to persuade Her Majesty's subjects or inhabi-
tants of Antigua and Barbuda to attempt to procure by
lawful means the alteration of any matter in Antigua
and Barbuda as by law established; or

(d) to point out, with a view to their removal, any
matters which are producing or have a tendency to pro-
duce feelings of ill-will and enmity between different
classes of the population of Antigua and Barbuda.

In determining whether the intention with which any
act was done, any words were spoken, or any document was
published, was or was not seditious, every person shall be
deemed to intend the consequences which would naturally
follow from his conduct at the time and under the circum-
stances in which he so conducted himself.

4. (1) Any person who- Offences in respect of
sedition.

(a) does or attempts to do, or makes any prepara-
tion to do, or conspires with any person to do, any act
with a seditious intention;

(6) utters any seditious words;

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4 CAP. 396) Sedition and Undesirable Publications

(c) prints, publishes, sells, offers for sale, distributes
or reproduces any seditious publication;

(4 imports any seditious publication, unless he has
nb reason to believe that it is seditious,

shall be guilty of an offence and shall be liable for a first
offence to imprisonment with or without hard labour for a
term not exceeding two years or to a fine not exceeding five
thousand dollars or to both such imprisonment and such fine,
and for a subsequent offence to imprisonment with or without
hard labour for a term not exceeding three years.

(2) Any person who without lawful excuse has in his
possession any seditious publication shall be guilty of an
offence and shall be liable for a first offence to imprison-
ment with or without hard labour for a term not exceeding
one year or to a fine not exceeding three thousand dollars
or to both such imprisonment and such fine, and for a sub-
sequent offence to imprisonment with or without hard labour
for a term not exceeding two years.

Limitation of
proceedings

5 . (1) No prosecution for an offence under section 4
under section 4. shall be begun except within six months after the offence

is committed.

(2) A person shall not be prosecuted for an offence under
section 4 without the written consent of the Attorney-General.

Corroborative
evidence 6. No person shall be convicted of an offence under
required. section 4 on the uncorroborated testimony of one witness.

Power to 7. The Governor-General, if satisfied that the importa-
prohibit the
importation of tion of any publication would be contrary to the public
undesirable interest, may, in his absolute discretion, by order prohibit
publications.

the importation of such publication, and in the case of a
periodical publication may, by the same or a subsequent
order, prohibit the importation of any past or future issue
thereof.

Offences in 8. (1) Any person who imports, publishes, sells, offers
respect of
prohibited for sale, distributes, or reproduces any prohibited publica-
publications. tion, or any extract therefrom, shall be guilty of an offence

and shall be liable for a first offence to imprisonment with
or without hard labour for a term not exceeding two years

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Sedition and Undesirable Publications (CAP. 396 5

or to a fine not exceeding five thousand dollars or to both
such imprisonment and such fine, and for a subsequent
offence to imprisonment for a term not exceeding three years.

(2) Any person who without lawful excuse has in his
possession any prohibited publication, or any extract
therefrom, shall be guilty of an offence and shall be liable
for a first offence to imprisonment for a term not exceeding
one year or to a fine not exceeding three thousand dollars
or to both such imprisonment and such fine, and for a sub-
sequent offence to imprisonment with or without hard labour
for a term not exceeding two years.

9. (1) No prosecution for an offence under section 8 Limitation of
proceedings

shall be begun except within six months after the offence ,,d,, section 8.
is committed.

(2) A person shall not be prosecuted for an offence under
section 8 without the written consent of the Attorney-General.

10. (1) Any person to whom any prohibited publica- E:;g;:n of
tion, or any extract therefrom, is sent without his knowledge prohibited
or privity or in response to a request made before the publication.
prohibition of the importation of such publication came into
effect, or who has such a publication or extract therefrom
in his possession at the time when the prohibition of its
importation comes into effect, shall forthwith if or as soon
as the nature of its contents have become known to him,
or in the case of a publication or extract therefrom coming
into the possession of such person before an order prohibiting
its importation has been made forthwith upon the coming
into effect of an order prohibiting the importation of such
publication, deliver such publication or extract therefrom
to the officer in charge of the nearest Police Station, and
in default thereof shall be liable on summary conviction to
imprisonment for a term not exceeding twelve months, or
to a fine not exceeding three thousand dollars, or to both
such imprisonment and fine.

(2) A person who complies with the provisions of subsec-
tion (1) or is convicted of an offence under that subsection
shall not be liable to be convicted for having imported or
having in his possession the same publication or extract
therefrom.

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6 CAP. 396) Sedition and Undesirable Publications

Power to
examine

1 . (1) Any Government Officer authorized in that
suspected behalf by the Governor-General, may detain, open and
packages. examine any package or article which he suspects to contain

any prohibited publication or extract therefrom, and during
such examination may detain any person importing,
distributing or posting such package or article or in whose
possession such package or article is found.

(2) If any such prohibited publication or extract
therefrom is found in such package or article, the whole
package or article may be impounded and retained by the
officer, and the person importing, distributing, or posting
it, or in whose possession it is found, may forthwith be
arrested and proceeded against for the commission of an
offence under section 8 or section 10 as the case may be.

Power to grant 12. If a Magistrate is satisfied by information on oath
search warrants. that there is reasonable cause to believe that any publication

in respect of which any conviction under this Act has been
recorded, or any prohibited publication, is in any place or
places, he may grant a warrant authorizing any police officer
not below the rank of sergeant to search such place or places
and to seize and detain any such publication found therein.

Obstruction, etc. 13. Any person who hinders or obstructs any other
person acting in the execution of his duty under the provi-
sions of this Act shall be liable on summary conviction to
imprisonment with or without hard labour for a term not
exceeding six months or to a fine not exceeding three
thousand dollars, or to both such imprisonment and fine.

Seditious and 14. Any seditious or prohibited publication seized or
prohibited
publications detained in pursuance of the provisions of this Act or in
forfeited. respect of which any conviction has been recorded shall be

forfeited to Her Majesty and shall be destroyed or otherwise
disposed of in accordance with the directions of the
Governor-General.

Summary trial. 15. Notwithstanding anything contained in this Act
any person charged with an offence under section 4 or sec-
tion 8 may, if the Magistrate hearing the case is of opinion
that it is a proper case for summary trial, elect to be tried
summarily and thereupon shall be liable on conviction to
imprisonment with or without hard labour for a term not

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Sedition and Undesirable Publications (CAP. 396 7

exceeding twelve months or to a fine not exceeding three
thousand dollars or to both such imprisonment and such fine,
but so that a person shall not be punished twice for the same
offence.