Defamation Act (Northern Ireland) 1955
1955 Chapter 11
An Act to amend the law relating to libel and slander and other malicious falsehoods.
S. 1 rep. by 1990 c. 42
2Slander 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.
3Slander 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.
2
Section one shall apply for the purposes of this section as it applies for the purposes of the law of libel and slander.
4Unintentional defamation.
F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F335Justification.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F346Fair comment.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
7Qualified privilege of newspapers.
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
8Extent of Law of Libel Amendment Act, 1888 s.3.
F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
9Extension of certain defences to broadcasting.
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.
2
F4. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
F5. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
10Limitation on privilege at elections.
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 KingdomF6 or to the Scottish ParliamentF7or to the National Assembly for Wales, 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
11Agreements 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.
12Evidence 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.
13Consolidation of actions for slander, etc.
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.
14Interpretation.
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. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Subs. (3) rep. by 1984 c. 46
15Proceedings 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.
16Short title and commencement.
1
This Act may be cited as the Defamation Act (Northern Ireland), 1955, … Commencement …
Subs. (2) rep. by SLR 1973
F11F11Schedule
F12PART ISTATEMENTS PRIVILEGED WITHOUT EXPLANATION OR CONTRADICTION
Sch. 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
F131
A fair and accurate report of any proceedings in public of the legislature of any part of Her Majesty's dominions outside Northern Ireland.
F142
A fair and accurate report of any proceedings in public of an international organisation of which the United Kingdom or Her Majesty's Government in the United Kingdom is a member, or of any international conference to which that government sends a representative.
F153
fair and accurate report of any proceedings in public of an international court.
F164
A fair and accurate report of any proceedings before a court exercising jurisdiction throughout any part of Her Majesty's dominions outside the United Kingdom, or of any proceedings before a court-martial held outside the United Kingdom under the Naval Discipline Act, the Army Act or the Air Force Act.
F175
A fair and accurate report of any proceedings in public of a body or person appointed to hold a public inquiry by the government or legislature of any part of Her Majesty's dominions outside the United Kingdom.
F186
A fair and accurate copy of or extract from any register kept in pursuance of any Act of Parliament which is open to inspection by the public, or of any other document which is required by the law of any part of the United Kingdom to be open to inspection by the public.
F197
A notice or advertisement published by or on the authority of any court within the United Kingdom or any judge or officer of such a court.
F20PART IISTATEMENTS PRIVILEGED SUBJECT TO EXPLANATION OR CONTRADICTION
Sch. 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
F218
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 the United Kingdom for the purpose of promoting 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 the United Kingdom for the purpose of promoting or safeguarding the interests of any trade, business, industry or profession, or of the persons carrying on or engaged in any 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 the United Kingdom for the purpose of promoting 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 constitution 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.
F229
A fair and accurate report of the proceedings at any public meeting held in the United Kingdom, that is to say, a meeting bona fide and lawfully held for a lawful purpose and for the futherance or discussion of any matter of public concern, whether the admission to the meeting is general or restricted.
F2310
A fair and accurate report of the proceedings at any meeting or sitting in any part of the United Kingdom of—
a
F24any 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 purposes of any inquiry by Act of Parliament, by Her Majesty, by the Governor or by a Minister of Northern Ireland or other Minister of the Crown;
d
F24 any person appointed by a local authority to hold a local inquiry in pursuance of any Act of Parliament;
e
any other tribunal, board, committee or body constituted by or under, and exercising functions under, an Act of Parliament,
not being a meeting or sitting admission to which is denied to representatives of newspapers and other members of the public.
F2511
A fair and accurate report of the proceedings at a general meeting of any company or association constituted, registered or certified by or under any Act of Parliament or incorporated by Royal Charter, not being a private company within the meaning of the Companies Act (Northern Ireland), 1932 [1932 c.7] F26.
F2712
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 state, local authority or chief officer of police.
F28PART IIIINTERPRETATION
Sch. 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
F2913
1
In this Schedule the following expressions have the meanings hereby respectively assigned to them, that is to say—
"Act of Parliament" includes an Act of Parliament of the United Kingdom, and the reference to the Companies Act (Northern Ireland), 1932 F31, includes a reference to any corresponding enactment of the Parliament of the United Kingdom;
"government department" includes a department of the Government of the United Kingdom;
"international court" means the International Court of Justice and any other judicial or arbitral tribunal deciding matters in dispute between States;
"legislature", in relation to any territory comprised in Her Majesty's dominions which is subject to a central and a local legislature, means either of those legislatures;
F30"local authority" means—
- a
any authority or body to which sections 23 to 27 of the Local Government Act (Northern Ireland) 1972 [1972 c.9 (N.I.)] apply ;
- b
any principal council, within the meaning of the Local Government Act 1972, any body falling within any paragraph of section 100J(l) of that Act and any local authority, within the meaning of the Local Government (Scotland) Act 1973 ;
- c
any authority or body to which the Public Bodies [1960 c.67] (Admission to Meetings) Act 1960 applies ;
and any reference to a committee of a local authority shall be construed in accordance with sub-paragraph (2) below.
- a
"part of Her Majesty's dominions" means the whole of any territory within those dominions which is subject to a separate legislature.
F302
Any reference in this Schedule to a committee of a local authority includes a referenc—
a
to any committee or sub-committee in relation to which sections 100A to 100D of the Local Government Act 1972 apply by virtue of section 100E of that Act (whether or not also by virtue of section 100J of that Act); and
b
to any committee or sub-committee in relation to which sections 50A to 50D of the Local Government (Scotland) Act 1973 apply by virtue of section 50E of that Act.
F3214
In relation to the following countries and territories, that is to say, India, the Republic of Ireland, any protectorate, protected state or trust territory within the meaning of the British Nationality Act, 1948 [1948 c.56] , any territory administered under the authority of a country mentioned in Schedule 3 to the British Nationality Act 1981, the Sudan 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.
Sch. 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 6.1.2010) by Defamation Act 1996 (c. 31), ss. 16, 19(2)(3)(a), Sch. 2 (with s. 20(2)); S.I. 1999/817, art. 2; S.I. 2009/2858, art. 3(d)