Defamation Act 1954

c i e
AT 5 of 1954

DEFAMATION ACT 1954

Defamation Act 1954 Index


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c i e
DEFAMATION ACT 1954

Index Section Page

1 Broadcast statements ...................................................................................................... 5
2 Slander affecting official, professional or business reputation ................................ 5
3 Slander of title, etc .......................................................................................................... 5
4 [Repealed] ........................................................................................................................ 6
5 Justification ...................................................................................................................... 6
6 Fair comment ................................................................................................................... 6
7 and 8 [Repealed] ............................................................................................................. 6
9 [Repealed] ........................................................................................................................ 6
10 Limitation on privilege at elections .............................................................................. 6
11 Agreements for indemnity ............................................................................................ 6
12 Evidence of other damages recovered by plaintiff .................................................... 6
13 Consolidation of actions for slander, etc ..................................................................... 7
14 Interpretation ................................................................................................................... 7
15 Proceedings affected and saving .................................................................................. 7
16 Short title and repeals .................................................................................................... 7
17 Commencement .............................................................................................................. 7
SCHEDULE 9

ENDNOTES 11

TABLE OF LEGISLATION HISTORY 11
TABLE OF RENUMBERED PROVISIONS 11
TABLE OF ENDNOTE REFERENCES 11

Defamation Act 1954 Section 1


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c i e
DEFAMATION ACT 1954

Received Royal Assent: 13 May 1954
Passed: 5 July 1954
Commenced: 5 July 1954
AN ACT
to amend the law relating to libel and slander and other malicious
falsehoods.
GENERAL NOTE:
Any reference to the Isle of Man Education Authority is to be
construed in accordance with the Education Act 1986 Sch 2 para 2.
1 Broadcast statements

For the purposes of the law of libel and slander, the publication of words in the
course of any programme included in a programme service (within the meaning
of Part 1 of the Broadcasting Act 1993) shall be treated as publication in
permanent form.1

2 Slander affecting official, professional or business reputation

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

(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.
Section 4 Defamation Act 1954


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

5 Justification

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

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.
7 and 8 [Repealed]
3

9 [Repealed]
4

10 Limitation on privilege at elections

A defamatory statement published by or on behalf of a candidate in any election
to the House of Keys, the Isle of Man Education Authority or a local authority
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.
11 Agreements for indemnity

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

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 1954 Section 13


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13 Consolidation of actions for slander, etc

Section six of the Libel and Slander Act, 1892 (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.
14 Interpretation

(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) [Repealed]5

(3) and (4) [Repealed]6

15 Proceedings affected and saving

(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 repeals

(1) This Act may be cited as the Defamation Act, 1954, and shall be
construed as one with the Libel and Slander Act, 1892, and that Act and
this Act may be together cited as the Defamation Acts 1892 and 1954.
(2) [Repealed]7

17 Commencement

This Act shall come into operation when the Royal Assent thereto has been by
the Governor announced to Tynwald and a Certificate thereof has been signed
by the Governor and the Speaker of the House of Keys.
Defamation Act 1954 Schedule



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Schedule
8

Defamation Act 1954 Endnotes


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ENDNOTES

Table of Legislation History

Legislation Year and No Commencement






Table of Renumbered Provisions

Original Current






Table of Endnote References

1
S 1 substituted by Broadcasting Act 1993 Sch 4. 2
S 4 repealed by Law Reform Act 1997 Sch 2. 3
Ss 7 and 8 repealed by Law Reform Act 1997 Sch 2. 4
S 9 repealed by Broadcasting Act 1993 Sch 5. 5
Subs (2) repealed by Law Reform Act 1997 Sch 2. 6
Subss (3) and (4) repealed by Broadcasting Act 1993 Sch 5. 7
Subs (2) repealed by Statute Law Revision Act 1983 Sch 2. 8
Sch repealed by Law Reform Act 1997 Sch 2.