DEFAMATION

THE DEFAMATION ACT

1

ARRANGEMENT OF SECTIONS

1. Short title.
2. Interpretation.
3. Broadcast statements.
4. Slander affecting official, professional or business reputation.
5. Slander of title, etc.
6. Unintentional defamation.
7. Justification.
8. Fair comment.
9. Qualified privilege of newspapers.

10. Extent of section 15 of the Libel and Slander Act.
1 1. Extension of certain defences to broadcasting.
12. Limitation on privilege at elections.
13. Agreements for indemnity.
14. Evidence of other damages recovered by plaintiff.
15. Proceedings affected and saving.

SCHEDULE

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DEFAMATION 3

THE DEFAMATION ACT L 9 W
33 of 1961.

ACl
47 of 1963. [30th April, 1963.1

1. This Act may be cited as the Defamation Act. Short title.

2.-(1) Any reference in this Act to words shall be tnk,preta-
construed as including a reference to pictures, visual images,
gestures and other methods of signifying meaning.

(2) In this Act-
“broadcasting by means of wireless telegraphy” means

publication for general reception by means of
wireless telegraphy, and “broadcast by means of
wireless telegraphy” shall be construed accordingly;

“telegraph” means a wire used for the purpose of tele-
graphic communication, with any casing, coating,
tube or pipe enclosing the same, and any apparatus
connected therewith for the purpose of telegraphic
communication;

“wireless telegraphy” means the emitting or receiving,
over paths which are not provided by any material
substance constructed or arranged for that
purpose, of electro-magnetic energy of a frequency
not exceeding three million megacycles a second,
being energy which either-

(a) serves for the conveying of messages,
sound or visual images (whether the
messages, sound or images are actually
received by any person or not) or for the
actuation or control of machinery or
apparatus; or

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4 DEFAMATION

(b) is used in connection with the determina-
tion of position, bearing or distance, or
for the gaining of information as to the
presence, absence, position or motion of
any objects of any class.

(3) The reference in the definition of “wireless tele-
graphy” in subsection (2) to the emission of electro-
magnetic energy shall be construed as including a reference
to the deliberate reflection of electro-magnetic energy by
means of any apparatus designed or specially adapted for
that purpose, whether the reflection is continuous or inter-
mittent.

(4) The reference in subsection (2) to the conveying
of messages includes a reference to the making of any
signal or the sending or conveying of any warning or infor-
mation and the reference in that subsection to the reception
of messages shall be construed accordingly.

( 5 ) Where words broadcast by means of wireless
telegraphy are simultaneously transmitted by telegraph under
lawful authority, the provisions of this Act shall apply as if
the transmission were broadcasting by means of wireless
telegraphy.

(6) Where words are transmitted by broadcast over-
(a) a closed circuit television system; or
(b) a re-diffusion sys tem,

471 1963
s. 2.

the provisions of this Act shall apply as if the transmission
were broadcasting by means of wireless telegraphy.

In this subsection the expressions “closed circuit television
system” and “re-diffusion system” have the same meaning
respectively as they have in the Broadcasting and Radio
Re-Diffusion Act.

3. For the purposes of the law of libel and slander, the
broadcasting of words by means of wireless telegraphy shall
be treated as publication in permanent form.

Broad-
cast ments. state-

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DEFAMATION 5

4. In an action for slander in respect of words calculated Slander
affecting to disparage the plaint8 in any office, profession, calling, sfficid,

trade or business held or carried on by him at the time of ?ys;r
the publication, it shall not be necessary to allege or prove &.siness
special damage, whether or not the words are spoken of the
plaint8 in the way of his office, profession, calling, trade
or business.

deputation.

5.-(1) In an action for slander of title, slander of goods $tt;f
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 3 shall apply for the purposes of this
section as it applies for the purposes of the law of libel and
slander.

6.41) 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);

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B DEFAMATION

lb) 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

- ~ - pricticable gfter the defendant received notice that
. they were or might be defamatory of the plaintiff,

and has not been withdrawn.

(2) An &er of amends under this section must be
expressed to be made for the purposes of -this section, and
must be accompanied by an &davit 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 pafty aggrieved; and for the purposes .of a defence
under paragraph'(@ of subsection (I) 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

(a) in any case, to publish or join in the publication of
a' suitab€e 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 msrking the offer, to

- take such steps as are-reasonably practicable on
-.his pait for notifying perions'to. whom -&pies have
been so distriiuted that the words are alleged to be
defamatoj of the party aggrieved.

. - - .
- r

-

. - understood to mean an offer-

> .

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DEFAMATION 7

(4) Where an offer of amends under this section is
accepted by the party aggrieved-

any question as to the steps to be taken in fulfil-
ment of the offer as so accepted shall in default
of agreement between the parties be referred to
and determined by the Supreme Court, whose deci-
sion thereon shall be final;
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 publica-
tion in question, or in proceedings in respect of
the offer under paragraph (U), 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
Supreme 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 subsection
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 circum-
stances by virtue of which they might be under-
stood to be defamatory of that other person,

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8 DEFAMATION

Justifica-
tion.

Fair
comment.

Qualified
privilege
of news-

Schedule.
papers.

and in either case that the publisher exercised all reasonable
care in relation to the publication; and any reference in this
subsection 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 subsection (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.

7. In an action for libel or slander in respect of words
containing two or more distinct charges against the plain-
t#, 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.

8. In an action for libel or slander in respect of words
consisting partly of allegations of fact and partly of expres-
sion 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.

9 . 4 1) Subject to the provisions of this section, the publi-
cation 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 I11 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

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DEFA MATIQN 9

original publication was made a reasonable letter or state-
ment 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 pro-
tecting 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 before the 30th
April, 1963 (otherwise than by virtue of any enactment
repealed by 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 this Island either
periodically or in parts or numbers at intervals not exceed-
ing thirty-six days.

10. Section 15 of the Libel and Slander Act (which relates Extent of
to contemporary reports of proceedings before courts i,t2:s
exercising judicial authority) shall apply and apply only to gadnder
courts exercising judicial authority within this Island or Act.
exercising judicial authority on appeal from such courts.

11.-(1) Section 9 of this Act and section 15 of the Libel Extension
of certain

1 to broad-
and Slander Act, as amended by this Act, shall apply in defences
relation to reports or matters broadcast by means of wireless casting.
telegraphy as part of any programme or service provided by
means of a broadcasting station within this Island, 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

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10 DEFAMATION

Limitation
on
privilege at
elections.
471 1963
s. 3.

Agree-
ments for
indemnity.

Evidence
of other
damages
recovered
by plain-
tiff.

publication in a newspaper; and subsection (2) of the said
section 9 shall have effect, in relation to any such broad-
casting, as if for the words “in the newspaper in which”
there were substituted the words “in the manner in which”.

(2) In this section “broadcasting station” means any
station in respect of which a licence granted by the Minister
under the Broadcasting and Radio Re-Diffusion Act is in
force, being a licence which (by whatever form of words)
authorizes the use of the station for the purpose of providing
broadcasting or re-diffusion services for general reception.

12. A defamatory statement published by or on behalf
of a candidate in any election to the House of Representa-
tives of this Island or to the Council of the Kingston and
St. Andrew Corporation or to any Parish Council 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.

13. 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 publi-
cation that person knows that the matter is defamatory, and
does not reasonably believe there is a good defence to any
action brought upon it.

14. 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.

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DEFAMATION 11

15.-(1) This Act applies for the purpose of any pro- Proceed-
ceedings begun after the 30th April, 1%3, whenever the ?#:kd
cause of action arose, but does not affect any proceedings and saving.
begun before that date.

criminal libel.
(2) Nothing in this Act affects the law relating to

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12 DEFAMATION

471 1963
S. 4 (a).

1 1 fG12
Geo. 6
c. 56.

471 1963
S. 4 (b).

SCHEDULE (Section 9)

Newspaper Statements having qualified privilege
PART I. Znterpretation

1. In this Schedule the following expressions have the meanings

“international court’’ means the International Court of Justice and
any other judicial or arbitral tribunal deciding matters in dis-
pute between States;

“legislature” in relation to any territory comprised in Her Majesty’s
dominions which is subject to a central and local legislature,
means either of those legislatures;

(a) the Council of the Kingston and St. Andrew Corporation;
and

(b) any Parish Council;
“part of Her Majesty’s dominions’’ means the whole of any terri-

tory within those dominions which is subject to a separate
legislature.

2. In relation to the following countries and territories. that is to
say, India, Pakistan, Malaysia, the Republic of Nigeria, the Republic of
Tanganyika, Uganda, Ghana, Cyprus, the Republic of Ireland, any
protectorate, protected state or trust territory within the meaning of
the British Nationality Act, 1948, of the United Kingdom, any territory
administered under the authority of a country mentioned in subsection
(3) of section 1 of that Act and the New Hebrides, the provisions of this
Schedule shall have effect as they have effect in relation to Her Majesty’s
dominions, and references therein to Her Majesty’s dominions shall be
construed accordingly.

hereby respectively assigned to them, that is to say-

“local authority” means-

PART II
Statements privileged without explanation or contradiction

3. A fair and accurate report of any proceedings in public of the
legislature of any part of Her Majesty’s dominions outside this Island.

4. A fair and accurate report of any proceedings in public of an inter-
national organization of which the United Kingdom or Her Majesty’s
Government in the United Kingdom or Jamaica or Her Majesty’s
Government in Jamaica is a member, or of any international conference
to which any of those Governments sends a representative.

5. A fair and accurate report of any proceedings in public of an inter-
national court.

6. A fair and accurate report of any proceedings before a court
exercising jurisdiction throughout any part of Her Majesty’s dominions

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DEFA MA TION 13

outside this Island, or of any proceedings before a court martial held
outside this Island under the authority of any statute of the United 47/1963
Kingdom for the time being in force. s. 4 (c).

7. A fair and accurate report of any proceedings in public of a body
or person appointed to hold a public enquiry by the government or
legislature of any part of Her Majesty’s dominions outside this Island.

8. A fair and accurate copy of or extract from any register kept in
pursuance of any enactment which is open to inspection by the public,
or of any other document which is required by any enactment to be
open inspection by the public.

9. A notice or advertisement published by or on the authority of any
court within this Island or any judge or officer of such a court.

PART m
Statements privileged subject to explanation or contradiction

10. A fair and accurate report of the findings or decision of any of the
following associations, or of any committee or governing body thereof,
that is to say-

(a) an association formed in this Island for the purpose of pro-
moting or encouraging the exercise of or interest in any art,
science, religion or learning, and empowered by its constitution
to exercise control over or adjudicate upon matters of interest
or concern to the association, or the actions or conduct of any
persons subject to such control or adjudication;

(b) an association formed in this Island for the purpose of pro-
moting or safeguarding the interests of any trade, business,
industry or profession. or of the persons carrying on or
engaged in trade, business, industry or profession, and
empowered by its constitution to exercise control over or
adjudicate upon matters connected with the trade, business,
industry or profession, or the actions or conduct of those
persons;

(c) an association formed in this Island for the purpose of pro-
moting or safeguarding the interests of any game, sport or
pastime to the playing or exercise of which members of the
public are invited or admitted, and empowered by its con-
stitution to exercise control over or adjudicate upon persons
connected with or taking part in the game, sport or pastime,

being a finding or decision relating to a person who is a member of or
is subject by virtue of any contract to the control of the association.

11. A fair and accurate report of the proceedings at any public
meeting held in this Island, that is to say, a meeting bona fkle and
lawfully held for a Iawfd purpose and for the furtherance or discussion
of any matter of public concern whether the admission to the meeting
is general or restricted.

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14 DEFAMATION

12. A fair and accurate report of the proceedings at any meeting

(U) any local authority or committee of a local authority or local
authorities;

(b) any justice or justices of the peace acting otherwise than as
a court exercising judicial authority;

(c) any commission, tribunal, committee, or person appointed for
the purpose of any enquiry by any law of Jamaica, or by
Her Majesty or by the Governor-General or by a Minister;

(d) any person appointed by a local authority to hold a local
enquiry in pursuance of any enactment;

(e) any other tribunal, board, committee or body constituted
by or under, and exercising functions under, any enactment,

not being a meeting or sitting admission to which is denied to rep-
resentatives of newspapers and other members of the public.

13. A fair and accurate report of the proceedings at a general meet-
ing of any company or association constituted, registered or certified
by or under any enactment or incorporated by Royal Charter, not being
a private company within the meaning of any enactment for the time
being in force relating to companies.

14. A copy or fair and accurate report or summary of any notice
or other matter issued for the information of the public by or on behalf
of any government department, officer of the government or local
authority.

or sitting in this Island of-

471 1963
S. 4 (d).

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