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©State of Queensland
QUEENSLAND
53 ViC. No. 12
[Reprinted as at 1 January, 19841
efamation Law of C a i ~ i ~ a ~ Code Act,
Acts Citation Act of 1903 (3 Edw. 7 No. 10) eensland (of 1
9 (63 Vic. No. 9) As amended by
ent Act of 1930 (21 Geo. 5 No.
An Act to Declare and Amend the Law relating to Defamation [ASSENTED TO 11 OCTOBER, 18891
[Preamble repealed by Act of 1908, 8 Edw. 7 No. 18, s. 21
BE IT THEREFORE DECLARED AND ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Legislative Council and Legislative Assembly of Queensland in Parliament assembled, and by the authority, of the same, as follows:-
1. Shoat title. This Act may be cited as “The Defamation Law of Queensland.
2. (Repealed).
Repealed, by Act of 1908, 8 Edw. 7 No. 18, s. 2.
nition of periodical. In this Act the term “Periodical” includes per, review, magazine, or other writing or print, published periodically.
.
(Repealed).Repealed by Act of 1899, 63 Vic. No. 9 s. 3,
efamatiQn actionable. The unlawful publication of defamatory matter is an actionable wrong.
10- 19. (Repealed).
Repealed by Act of 1899, 63 Vic. No. 9, s. 3.
2 S S . 20-23 THE DEFAMATION LAW O F QUEENSLAND
ORAL DEFAMATION
Vic. NO. 13, s. 2). In any case other than that of words intended to be read, it is a good defence to an action for defamation to prove that the publication was made on an occasion and under circumstances when the person defamed was not likely to be injured thereby.
20. Trivial matters not in writing. (CO
As amended by Act of 1899, 63 Vie. No. 9, s. 3.
PROVISIONS IN RESPECT O F ACTIONS FOR DEFAMATION of an apo~ogy
ic. No. 5, s. 52. I
ssible in evidence in ~ i t i g a t i o action for defamation the defen may plead and prove in mitigation of damages that he made or offered an apology to the plaintiff for such defamation before the commencement of the action, or, if the action was commenced before there was an opportunity of making or offering such apology, as soon afterwards as he had an opportunity of doing so.
t a ~ e w s p a ~ e r for libel the
ithout malice and without neglect and nds. Ib. 53. In an action for the publica of defamatory matter in a periodical, the defendant may plead that such matter was published without actual ill-will to the person defamed or other improper motive, and without gross negligence, and that before the commencement of the action, or at the earliest opportunity afterwards, he inserted in such periodical a full apology for such defamation, or, if the periodical in which the defamatory matter appeared was ordinarily published at intervals exceeding one week, offered to publish the apology in any periodical to be selected by the plaintiff.
The defendant must, upon pleading such defence, pay into Court a sum of money by way of amends for the injury sustained by the publication of the defamatory matter, and such payment into Court shall be of the same effect in all respects as in other cases of payment into Court.
23. ~ ~ n s o ~ i d a ~ i O n of actions. 51 and 52 Vic. c.
,
s. 5. The Court or a Judge, upon an application by or on behalf of two or more defendants in actions in respect of the publication of the same, or substantially the same, defamatory matter brought by one and the same person, may make an order for the consolidation of such actions, so that they shall be tried together; and after such order has been made, and before the trial of the actions, the defendant in any new action instituted in respect of the publication of the same, or substantially the same, defamatory matter shall also be entitled to be joined in a common action upon a joint application being made by such new defendant and the defendants in the actions already consolidated.In an action consolidated under this section the judge or jury shall assess the whole amount of the damages (if any) in one sum, but a separate verdict shall be given for or against each defendant in the same
THE DEFAMATION LAW OF QUEENSLAND SS. 24-38 3
way as if the actions consolidated had been tried separately; and if a verdict is given against the defendants in more than one of the actions so consolidated, the judge or jury shall proceed to apportion the amount of damages so found between and against the last-mentioned defendants;
and the judge at the trial, if he awards to the plaintiff the costs of the action, shall thereupon make such order as he deems just for the apportionment of such costs between and against such defendants.
in r n i ~ i ~ ~ ~ i o n of action for the p
periodical the defendant may give in evidence in mitigation of damages that the plaintiff has already recovered, or has brought actions for, damages, or has received or agreed to receive compensations, in respect of other publications of defamatory matter to the same purport or effect as the matter for the publication of which the action is brought.
-33. (Repealed).
Repealed by Act of 1899, 63 Vic. No. 9, s. 3.
ocent sellers of e r i o ~ i c ~ ~ ~ ~ No person incurs mation by selli any number or part of a periodical unless he knows that such number or part contains defamatory matter, or that defamatory matter is habitually or frequently contained in that periodical.
o~ection of i ~ n o ~ e ~ ~ sellers of s. No person incurs any for defamation by selling a bo mphlet, print, or writing, or other thing not forming part of a periodical, although it contains defamatory matter, if at the time of the sale he does not know that the defamatory matter is contained therein.
pamphlet, print, or writing, or other thing, whether a periodical or not, does not make his employer responsible in respect of defamatory matter contained therein, unless it is proved that such employer authorised the sale knowing that the book, pamphlet, print, writing, or other thing contained defamatory matter, or, in the case of a number or part of a periodical, that defamatory matter was habitually or frequently published therein.
r o ~ e c ~ ~ ~ n of e loyers. The sale by a servant of a book,
As amended by Act of 1903, 3 Edw. 7 No. 10, s. 10.
37. (Repealed).
Repealed by Act of 1899, 63 Vic. No. 9, s. 3.
EVIDENCE
.
~ ~ ~ r i r n ~ ~ ~ r to beical. Upon the t r ence of ~ ~ b ~ ~ c ~ ~ i o n of book or for unlawfully publishing defamatory matter contained in a book or periodical, the production of the book, or of a number or part of the periodical, containing a printed statement that it is printed or published by or for the defendant,
4 SS. 39-43 THE DEFAMATION LAW OF QUEENSLAND
shall be prima facie evidence of the publication of the book, or of the number or part of the periodical, by the defendant.
39. (Repealed).
Repealed by Act of 1899, 6 3 Vic. No. 9, s. 3.
STAYING PROCEEDINGS
.
Proceedings for publication of Parlia~entary paper to be stayed..
No. 38, s. 54. The defendant in any action commenced or prosecuted in respect of the publication of any paper published by the defendant, or by his servant, by order or under the authority of either House of Parliament, may bring before the Court in which the proceeding is pending, or before any judge thereof, first giving twenty-four hours’notice of his intention so to do to the plaintiff a certificate under the hand of the President or clerk of the Legislative Council, or Speaker, or clerk of the Legislative Assembly, as the case may be, stating that the paper in respect whereof such action is commenced or prosecuted was published by the defendant, or by his servant, by order or under the authority of the Council or Assembly, together with an affidavit verifying such certificate, and such Court or judge shall thereupon immediately stay such action, and may order the plaintiff to pay the defendant his costs of defence.
As amended by Act of 1899, 6 3 Vic. No. 9, s. 3.
1. Proceedings to be stayed when commenced in respect ation of a copy of the a~the~ticated report, etc., on a
verifying such copy being laid before the court. 31 Vic. No. 38, s. 55.
In any action commenced or prosecuted in respect of the publication of a copy of, or an extract from or abstract of, any such paper, the defendant may, at any stage of the proceedings, lay before the Court or a judge thereof an original of such paper, with an affidavit verifying the same, and the Court or judge may thereupon stay such action and may order the plaintiff to pay the defendant his costs of defence.
As amended by Act of 1899, 6 3 Vic. No. 9, s. 3.
REMEDY FOR COSTS AND DAMAGES 2. (Repealed).
Repealed by Act of 1899, 6 3 Vic. No. 9, s. 3.
43. Levy of damages, etc., by plainti ~ u d ~ ~ e n t . Whenever any person is convicted in an action of publishing any defamatory matter by means of printing, the plaintiff in whose favour judgment is given may under his writ of execution levy the damages, penalty, and costs out of any property of the defendant in like manner as in ordinary civil actions, and also out of the whole of the types, presses, or printing materials in which the defendant had any beneficial use or interest at or subsequent to the time of the printing of the said defamatory matter, and out of the whole of the types, presses, or printing materials in which any person who by himself, his servants, or agents printed the
THE DEFAMATION LAW OF QUEENSLAND SS. 44-46 5
said defamatory matter had any beneficial use or interest at or subsequent to the time of the printing of the said defamatory matter, to whomsoever the same in either case may belong at the time of the levy:
Provided that the plaintiff in whose favour judgment is given shall be required under his writ of execution to levy the damages, penalty, and costs out of the property of the defendant, in the first instance; and if the property of such defendant is found insufficient to satisfy such damages, penalty, and costs, the plaintiff concerned, in the next instance, shall levy the remainder of such damages, penalty, and costs out of the whole of the types, presses, or printing materials in which the defendant had any beneficial use or interest at or subsequent to the time of the printing of the said defamatory matter; and if then such judgment is not fully satisfied, the plaintiff concerned, in the final instance, shall levy, after the levy in the preceding two instances as aforesaid, the remainder of such damages, penalty, and costs out of the whole of the types, presses, or printing materials in which any person who by himself, his servants, or agents printed the said defamatory matter had any beneficial use or interest at or subsequent to the time of the printing of the said defamatory matter, to whomsoever the same may belong at the time of the levy.
Substituted by Act of 1930, 21 Geo. 5 No. 10, s. 2.
OPERATION OF ACT
44. Application of rules declared by Act. The rules of law declared and enacted by this Act shall be applied in all actions for defamation begun after the passing of this Act.
As amended by Act of 1899, 63 Vic. No. 9, s. 3.
45. (Repealed).
46. Act not to apply to slander of title. Nothing in this Act relates
Repealed by Act of 1899, 63 Vic. No. 9, s. 3.
to the actionable wrong commonly called “Slander of Title”.
As amended by Act of 1903, 3 Edw. 7 No. 10, s. 10.
62641-By Authority: S. R. HAMPSON, Government Printer, Queensland
a
Act-
application of rules declared by . . . short title of . . . against periodical, evidence in mitigation of damages . . . against periodical, tender of amends in . . . consolidation of . , . . . . . . . . , . . , evidence of publication, etc., of book or periodical in . . , , . ,
offer of apolog), admissible in evidence in mitigation of damages plea that publication made under circumstances whereb person
defamed not likely to be in'ured, when good defYnce . . proceedings in, for publication of' Parliamentary paper to be
stayed. , . . .
rules of law declared'by'this'kct'to de'observed in . . . successful plaintiff may levy on types, etc. . . . unlawful publication of defamatory matter is . . . insertion of. in Deriodical. for oublication of defamatorv not to apply to "Slander of Title" . . . Action-
Actionable wrong- Apology-
matter ~ . . . . . . .
offer of, admissible in evidence in mitigation of damages , , . .
Book-
as to evidence of publication, etc., of . . . protection of sellers of . . .
c
Certificate that paper published under authority of Parliament . . Compensation received by plaintiff in action for defamation against
periodical, evidence in mitigation of damages, . . . Consolidation of actions . . . costs-
apportionment of, in consolidated action . . . . . . , . of defence where proceedings for publication of Parliamentary paper stayed . . . may make order for consolidation of several actions
stays proceedings for publication of Parliamentary paper court-
. . . . . , .
Damages-
award of, in consolidated action. . . . . . evidence in mitigation of, in action against &nodical . . . may be levied out of types, etc., used in printing defamatory
matter . . .
offer of apology admissible in'evidence in mitigation of oral . . . . . unla\lXI publication of, an actionable wrong . . . Defamation-
Defamato matter-
E
Employer-
Evidence- liability of, as to sale of periodical
offer ogpology admissible in, in mitigation of'damages . . . . of publication, etc., of book or periodical. . . .
. . . in miti tion of damages, generally . . . . . . .
s. 44 . . . 46 . . . 1 . . . 24 . . . 22 . . ,
23 . . ,
38 . . . 21 . . . 20 . . . . s. 44 . , . 43 . . .
9 . . ,
ss. 40, 41 , ,
22 . . . 21 . . .
38 . . . ss. 35, 3 6 . . .
s. 40 . . . 24 . . . 23 . . . . 23 . . . . ss. 40, 41 . . . . s . 2 3 . . . . ss. 40. 41 . , . .
s. 23 24 43 21 20
9
36 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , .
. . . . . . . .
. . . . . . , .
. . . . . . . . . . . . . . . . . . . . . . . . . . . .
. . . . . . . . . . . . . . . . . . , .
. . . .
. . . . . . . .
Page
5 5 1
2 4 5 4 1 2 2
3 3
4 3 2 2 4 2 4
2 3 4 2 2 1
3 3 2 3
8 INDEX
J
Judge-
power of. as to consolidation of several actions
stays proceedings for publication of Parliamentary paper . . . . . . . Jury-
as to assessment of damages by. in consolidated action
L
Law- Liability-
rules of, to be observed in actions and prosecutions
of sellers of periodicals and books
. . . Levy of damages on types. etc . . .
of employers in respect of sale of periodicals. etc., by servant . . . . .
0
Operation of Act . . . Oral defamation . . . : . . . Order-
by Court or judge as to consolidation of several actions and apportionment of costs therein . . .
Parliamentary paper-
Periodical- proceedings'for publication of, to be stayed
as to evidence of publication of, etc . . . tender of amends in action against
. . .
evidence in miti tion of damages in actions against
protection of self& of . . .
: : : : :
. . . Plea-
that apology offered. admissible in evidence in mitigation of that publication made'under cGcumstances whereby person d d f k k d Printing. as to levying damages on t pes. etc., where defamatory matter Proceedings r!t publication of Parliamentary papers to be stayed . .
Protection- Publication-
damages . . . . . . . .
not likely to be injured. when good defence . . . . ublished by means o f . . . of employers in respect of sales by servants. etc . . . of innocent sellers of periodicals and books
of book or periodical. evidence of
. . . . . . of defamatory matter-
as to levying of damages on. types. etc., where defamation in periodical. evidence in mitigation of damages in action
for . . .
made under circumstances whereby p&on defamed 'not iikeiy to be injured. plea that. when good defence in action . . published b means of pnnting . . . consolidation ofYsevera1 actions in respect of same . . . .
of Parliamentary papers. proceedings for. to be stayed . . .
Remedy for cost and d a m a r . . . Rules of law declared by t is Act to be observed in all actions and
prosecutions . . .
S
Seditious libel. law as to publication of. not affected . . . Sellers of periodicals and books. protection of innocent . . . Short title-
of Act . . . Slander-
of title. law as to. not affected
Stay of proceedings for publication of Parliamentary paper. . . . . .
I S . 23 . .
ss . 40. 41 . . s . 23 . .
44 . . . 43 . . . 36 . . . 34 . 35 . . . ss .
44. 46 . . . s . 20 . . . 23 . . .
ss . 40. 41 . . . s . 38 . . . 24 . . . 34 . . . 22 . . . 21 . . . 20 . . . 43 . . . ss . 40, 41 . . . s . 36 . . . ss . 34. 35 . . . s . 38 . . . 43 . . . 23 . . . 24 . . . 20 . . . ss . 40, 41 . . .
s . 43 . . 44 . .
46 . . . s . l . . . 46 . . . ss . 40, 41 . . . ss . 34. 35 . . .
Page
2 4 2
4 5 3 3
2 5
2
4 3 3 3 2 2 2 4 4 3 3 3 4 2 3 2 4
4 5
INDEX 9 I
T
Tender of amends in action against periodical . . . Trivial matters not in writing . . . Types, as to levy of damages o n . . . .
V
Verdict-
separate, in consolidated actions. . . .
. . s. 22 . .
. . 20 . .
. . 43 . .
23
. . . . . . . . .
Page
2 2 4
1 2
62641-By Authority: S. R. HAMPSON, Government Printer, Queensland C.55
