The Defamation Short title (1961)

ln Her Majesty's nauno I assent to this Ordinance this 26th day of April, 1961. LS No. 32 MAURICE H. DORMAN, HAFREEDO Sierra Leone GovernOr. A 217 An Ordinance to Amend the Law Relating to Libel and Slander and other Malicious Falsehoods [Ith May, 1961.1 Date of BE IT BNACTED by the Legislalure of Sierra Leone, as follows: commence ment. 1, This Ordinance may be cited as the Defamation Short title. Ordinance, 1961.

(1) In this Ordinance * broadcasting by means of wireless Interpretatelegraphy " means publication for general reception by means of tion, con struction wireless telegraphy within the meaning of the Wireless Telegraphy and applica Ordinance or any other Ordinance replacing the same, and tion. * broadcast by means of wireless telegraphy shall be construed Cap, 267. accordingly. A218 Cap. 233. of 1954. Slander of WomeD. Broadcast statements. No, 32 Slander of title, etc. Uninten tional defamation, Defamarion COnstrucd as including a reference to pictures, visual images,(2) Any reference in this Ordinance to words shalI be gestures and other methods of signifying mcanmg Ord. No. IS by the Telegraph Ordinance, as amended by the Telegraph telegraphy are simultancously transmitted by telegraph as defined (Amendment) Ordinance, 1954, in accordance with a licence granted by the Postmaster-Gencral, the provisions of this Ordinance shall apply as if the transmission were broadcasting by means of wireless telegraphy. of that Schedule. (3) The provisions of Part II| of thhe Schedule to this Ordinance shall have ellect for the purposcs of the interpretation (4) Where words broadcast by means of wireless

Ordinance which impute unchastity or adultery to any woman or girlshall not require special damage to render them actionable: Provided always, that in any action for words spoken and nade actionable by this Ordinance, a plaintiff shall not recover nore costs than damages, unless the judge shall certify that there was reasonable ground for bringing the action. Slander 5. In an action for slander in respect of words calculated affecing to disparage the plaintiff in any office, profession, calling, trade official,professional or business held or carried on by him at the time of the publica or business reputation.

For the purposes of this Ordinance, the broadcasting ofwords by means of wireless telegraphy shall be treated as publication in pernanent form. tion, it shall not be necessary to allege or prove special damage, whether or not the words arc spoken of the plaintiff in the way of his ofice, profession, calling, trade or business. or

In an action for slander of title, slander of goods or othermalicious 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; (b) if the said words are calculated to cause pecuniary damage to the plaintiff in respect of any office, pro fession, calling, trade or business held or carried on by him at the time of the publication.

(1) A person who has published words alleged to bedefamatory 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 No, 32 Defunation 1961 (a) if the oller is accepled by the party aggricved and is fully performed. no proccedings for libel or slander shall be taken or continued by that party against the person nnaking 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); (b) if the offer is not accepted by the party aggrieved, then, except as otherwise provided by this section, it shall bc a defcnce, in any proceedings by him for libel or slander against the person making the offer in respcct of the publication in question, to prove that the words complained of were published by the defendant innocently in relation to the plaintif and that the offer was made as soon as practicable after the defendant received notice that they were or might be defamatory of the plaintiff, and has not been withdrawn. (2) An offer of amends under this section must be expressed to be made for the purposes of this section, and must be accompanied by an affidavit 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 party aggrieved ; and for the purposes of a defence under paragraph (b) of sub section (1) of this section 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 understood to mean an offer (a) in any case, to publish or join in the publication of a suitable correction of the words complained of, and a suficient 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 making the offer, to take such steps as are reasonably practicable on his part for notifying persons to whom copies have been so distributed that the words are alleged to be defamatory of the party aggrieved. (4) Where an offer of amends under this section is accepted by the party aggrieved (a) any question as to the steps to be taken in fulfilment of the offer as so accepted shall in default of agree ment belween the partics be referred to and determined by the Supreme Court, whose decision thereon shall be final: (b) 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 publication in A 219 A220 Justification. Fair COmment. No. 32 Defamation question; question, or in proceedings in respect of the offet underto order the payment by the person making the offer paragraph (a) of this subsection, shall include powerto the party aggrieved of costs on an indemnity basisand any expenses reasonably incurred or to be incurredby that party in consequence of the publication and if no such proceedings as aforesaid are taken, the SupremeCourt may, upon application made by the party aggrieved, make any such order for the pament of such cOsts and as aforesaid as could be made in such proceedings. if the following conditions are satisted, that is to sav- (5) For the purposes of this section words shall be treatedas published by ene person (in this subsection referred to as the publisher) innocently in relation to another person if and only understood to refer to him; or expenses (a) that the publisher did not intend to publish them of and concerning that other person, and did not knowof circumstances by virtue of which they might be (6) that the words were not defamatory on the face ofthem. and the publisher did not know of circumstances by virtue of which they might be understood to he defamatory of that other person; and in either case that the publisher exercised all reasonahle care in relation to the p1blication : and any refarence in the suh. section 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) of this section shall not apply in relation to the publication by any person of wordsof which he is not the author unless he proves that the words were written by the author without malice.

In an action for libel or slander in respect of wordscontaining two or more distinct charges against the plaintiff, a defence or justification shall not fail by reason only that thetruth of every charge is not proved if the words not proved tobe true do not materially iniure the plaintiff's reputation havingregard to the truth of the remaining charges.

In an action for libel or slander in respect of wordsconsisting partly of allegations of facts and party of expressionof oninion. a d"fence of fair comment shall not fail bv reasononly that the truth of every allegation of fact is not proved itthe expression of opinion is fair comment having regard to suchof the facts alleged or referred to in the words complained of asare proved. Qualified 10. () Subject to the provisions of this section. theprivilege of publication in a newsnaner of anv such report or other nnewspapers, as is mentioncd in the Schedule to this Ordinance shall beprivileged unless the publication is proved to be made with malict. No. 32 Defamation 1961 (2) In an action for libel in respect of the publication of any such report or natter as 1s mentioned in Part II of the Schedule to this Ordinance, 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 original publication was made a reasonable letter or statement 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 protecting the pubiication 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 immediately before the commencement of this Ordinance. (5) A fair and accurate report in any newspaper of proceedings publicly heard before any court exercising judicial authority in Sierra Leone shall, if published contemporaneously with such proceedings, enjoy absolute privilege. (6) 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 Sierra Leone either periodically or in parts or numbers. A 221 11, Section 10 of the Ordinance shall apply in relation to Extension otcertain reports or matters broadcast by means of wireiess telegraphy as defences in part of any programme or service povided by means of a broad- rd casting station within Sierra Leone, and in relation to any casting. 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 publication in a newspaper; and subsection (2) of the said section 10 shall have effect, in relation to any such broadcasting, as if for the words " in the newspaper in which" there were substituted the words in the manner in which "

A defamatory statement published by or on behalf of Limitationa candidate in any election to a local government authority or on privilege to the House of Representatives shall not be deemed to be pub-at elections. lished on a privileged occasion on the ground that it is material to aquestion in issue in the election, whether or not the person by whom it is published is qualified to vote at the election.

An agreement for indemnifying any person against civil Agrementsliability for libel in respect of the publication of any matter shall nd 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 1t. indemnity. A 222 No. 32 Evidence of other

In any action for Iibel or slander the defendant Tmaygive evidence in mitigationplaint1ll hasrecovered damagcs, or has brought actions for damages, for libelby plaintifl. or slander in respcct of the publication of words to the sanne ellec as the words on which the action is founded, or has received or damages recOvered Consolida tion and actions, clc. Defamation saving. an agrecd lo receive compensalion in respect of any such of damages that the application by or on behalf15. (1) It shall be compctent for a judge or the court, upon of two or more actions in respect to lhe same, or substantially actions already consolidated. publicaion. defendants inthe same, libel brought by one and the same person, to 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 said actions, the defendants in any new actions instituted in respect of the samne, or substantially the same, libel shall also be entitled to be joined in a common action upon a joint appication being made by such new defendants and the defendants in the In a consolidated action under this section the judge sholl assess the whole amount of the damages (if any) in one c but a separate finding shall be made for or against each defendant in the same way as if the actions consolidated had been triod separately; and if the judge shall have made a finding againet the defendant or defendants in more than one of the actions so consolidated, he shall proceed to appc ion the amount of damages which he shall have assessed between and against the said last-mentioned defendants; and if the judge awarus to the plaintiff the costs of the action, shall thereupon make such order as he shall deem just for the apportionment of such costs between and against such defendants. (2) Subsection (1) shall apply to actions for slander of title, slander of goods or o'her malicious falsehood as it applies to actions for libel; and reterences in that sbsection to the same, or substantially the same, libel shall be construed accordingly. Proceedings 16. (1) This Ordinance applies for the purposes of any afected and proceedings begun after the commencement of this Ordinanct, whenever the cause of action arose, but does not affect any pro ceedings begun before the commencement of this Ordinance. (2) Nothing in this Ordinance affects the law relating to criminal libel. No. 32 Defamation

PRIVILEGE NEWSPAPER STATEMENTS HAVING QUALIFIED PART I (Sections 2, 10) STATEMENTS PRIVILEGED WITHOUT EXPLANATION OR CONTRADICTION I. A fair and accurate report of any proceedings in public of the legislature of Sierra Leone. 2. A fair and accurate report of any proceedings in public of an international organisation of which Sierra Leone or Her Majesty's Government in Sierra Leone is a member, or of any international conference to which that government sends a representative. 3. A fair and accurate report of any proceedings in public of an international court. 4. A fair and accurate report of any proceedings before a court exercising jurisdiction throughout any part of Her Majesty's dominions outside Sierra Leone, or of any prrceedings held out side Sierra Leone under the Naval Discipline Act, 1957 as appliedby section 5 of the Naval Votunteer Force (General Service) Ordinance (Cap. 216) and the Naval Discipline (Colonial Naval Forces) Order, 1959 (Public Notice No. 9 of 1959) or under the Royal West African Frontier Force Ordinance (Cap. 204). 5. A fair and accurate report of any proceedings in public of a body or person appointed to hold a public inquiry by the Governor or legislature of Sierra Leone. 6. A fair and accurate copy of or extract from any register kept in pursuance of any Ordinance which is open to inspection by the public, or of any other document which is required by any law in force in Sierra Leone to be open to inspection by the public. PART II 7. A notice or advertisement published by or on the authority of any court with Sierra Leone or any judge or officer of such a court. STATEMENTS PRIVILEUED SUBJECT TO EXPLANATION OR CONTRADICTION 8. A fair and accurate report of the findings or decision of any of the following associations, or of any committee or govern ing body thereof, that is to say (a) an association formed in Sierra Leone 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 or adjudica tion; A 223 A224 No. 32 Defamatiom (b) an aSsOciation formed in Sierra LCone for thhe purposeof promoting or safeguarding the interests of any lrade,business, Industry or profession, or of the perSOns association. In any trade,carrying on or cngaged industry or profession, and enmpowercd by stitution to cxercise control Over r adjudicate uponmatters conncctcd with the trade, business, industry orprofession or the actions or conduct of those persons.(c) an association formed in Sierra Leone for the purpOseof promoting or safeguarding the interests of any game,sport or pastime to the playing or exercise of whichmembers of the public are invited or admitted, andcmpowered by its constitution to exercise control Overor adjudicate upon persons connected with or taking \961 part in the game, sport or pastime, bus1ness. being a finding or decision relating to a person who is a memberof or is subject by virtue of any contract to the control of the 9. A fair and accurate report of the proceedings at anypublic meeting held in Sierra Leone, that is to say, à meeting bona fide and lawfully held for a lawful purpose and for the furtherance or discussion of any matter of public concern, whether the admission to the meeting is general or restricted. 10. A fair and accurate report of the proceedings at any meeting or sitting in any part of Sierra Leone of (a) any local authority or committee of a local authority or local authorities; (b) any Magistrate acting otherwise than as a court exercising judicial authority ; (c) any commission, tribunal, committee Or person appointed for the purposes of any inquiry by Ordin ance, by the Governor or by a Minister of the Government; (d) any person appointed by a local authority to hold a local inquiry in pursuance of any Ordinance ; (e) any other tribunal, board, commission, committee or body constituted by or under and exercising functionsunder, an Ordinance not being a meeting or sitting admission to which is denied to representatives of newspapers and other members of the public. 11. A fair and accurate report of the proceedings at ageneral meeting of any company or association constituted,registered or certified by or under any Ordinance or incorporatedby Royal Charter, not being a private company within the meaning of the Companies Ordinance, Cap. 39. 12. A copy or fair and accurate report or summary of anynotice or other matter issued for the information of the publicby or on behalf of any government department, officer of statc.local authority or chief officer of police. No. 32 Defmation PART III 13 In this Sclhedule the following expressions have themeanings hereby respcctively ass1gned to then, that is to sav international court " means the International Court ofJustice and any other judicial or arbitral tribunaldeciding matters in dispute between States: Jocal authority " means (a) the City Council of Freetown as established underthe Freetown Municipality Ordinance (Cap. 91):(b) the Rural A¢rea Council as established under theRural Area Ordinance, 1949 (No. 11 of 1949):(c) the Sherbro Urban District Council as establishedunder the Sherbro Urban District Council, Ordinance, 1950 (No. 22 of 1950); (d) the District Councils as established under theDistrict Councils Ordinance, 1950 (No. 17 of 1950):(e) the Bo Town Council as established under the BoTown Council Ordinance, 1954 (No. 11 of 1954):part of Her Majesty's dominions"any territory within those dominions which is subject to means the whole of a separate legislature. 14. In relation to the following countries and territories, thatis to say, India, the Republic of Ireland, any protectorate,protected state or trust territory within the meaning of theBritish Nationality Act, 1948, any territory administered underthe authority of a country mentioned in subsection (3) of section 1of that Act, and the New Hebrides, the provisions of thisSchedule shall have effect as they have effect in relation toHer Majesty's dominions, and references therein to Her Majesty's M.P. O.P.M. 503. A 225 Passed in the House of Representatives this 8th day of March, in theyear of our Lord one thousand nine hundred and sixty-one. S. V. WRIGHT, Clerk of the House of Representatives. THIS PRINTED 1MPRESSION has been carefully compared by me withthc Bill which has passed the House of Representatives and found by me tobe a true and correct copy of the said Bill. S. V. WRIGHT, Clerk of the House of Representatives. dominions shall be construed accordingly.