Section 9, The Defamation Short title (1961)

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 "