CHAPTER XXXII.

 

LIBEL

 

CONTENTS

 

SECTION 1.  Libel defined        

2.   Making of a libel defined.

3.     Publishing defined.

4.     Malice.

5.   Truth may be given in evidence               

6.   Degrees of making and publishing— how determined.

7.   Punishment for making or publishing, in the first degree.

8.   Punishment for second degree.

9.   Libelling the dead.

10. Libelling a body of persons.

11. Privilege of public officers to publish.

12. Privilege of a witness.

13. Privilege of parties to a suit and counsel.

 

1. A libel is a publication in writing, print, or by a picture, statue, sign, or a representation oilier than by words merely spoken which directly tend to injure the fame, reputation or good name of another person, and to bring him into disgrace, abhorrence, odium, hatred, contempt or ridicule, or to cause him to be excluded from society.

 

2.  The making of a libel is the writing, printing, devising, or in any way forming the same; or aiding or assisting therein, with the intent in either case, that it shall be published. As, for example, the dictating or repeating it to another to write, or writing on such dictation.

 

3.  The publishing of a libel is the maliciously putting of it into circulation, or the promulgating, exhibiting or distributing of it for the purpose of making it known to others; and thereby in fact making it known to others; or aiding or assisting therein, or the causing or promoting thereof.

 

4.  Malice is shown, in respect to libel, by making a publication or communicating it to others, willfully and purposely to the prejudice and injury of another hatred or ill will towards the party injured is not essential to libel.

 

5.   In every prosecution for writing or publishing a libel, tile defendant may give in evidence, in his defence upon the trial, the oath of the matter contained in the publication charged to be libellous: Provided, however, that such evidence shall not be deemed a justification, unless it shall be further made to appear on the trial that the matter was published with good motives and for justifiable ends.

 

6. The offense of making, as also that of publishing a libel, is of two degrees, and the degree is to be found by the jury or determined by the court or magistrate authorized to decide on the facts; and so also the degree is to be determined by the court before which proceedings are had, where the facts charged are admitted by plea or otherwise.

 

7. Whoever is guilty of the offense of making or publishing a libel in the first degree, shall be punished by imprisonment at hard labor not more than six months, or not exceeding five hundred dollars, in the discretion of the court.

 

8. Whoever is guilty of the offense of making or publishing a libel in the second degree, shall be punished by imprisonment at hard labor not more than one month, and fine not exceeding fifteen dollars, in the discretion of the court.

 

9.  A libel on the dead is subject to a like punishment as one on the living, where the same is malicious in respect to persons living, and defamatory of, or an outrage against, or an injury to, persons living, and is intended so to be by the maker or publisher.

 

10.  A libel may be of a body, board, class, society or association of individuals, public or private, no less than of one or more individually.

 

11.  Every public officer, and any board or body of persons having legal jurisdiction and cognizance of a matter, is privileged in writing, printing or publishing in good faith, and in the usual or in due course of proceedings, any thing, the writing, printing or publishing of which pertains to the legal exercise of his functions and legal discharge of his duty as such. For example, judges are privileged in what concerns the due administration of justice, and juries in rendering their verdicts.

 

12.  Any person giving testimony or making statements underan oath, is not chargeable with libel for what be testifies relative to the subject matter in respect to which his testimony is required, or in pertinent reply to the interrogatories on which he is examined.

 

13.   A person shall not be subject to the punishment for libel, for anything pertinent to the subject matter of consideration or inquiry, in good faith and on probable grounds, written, or published by him in the usual manner, or in due course of proceedings, as a party, counsel, agent, guardian or representative of, or in behalf of a party, or of the public, in any prosecution, suit, petition, complaint or memorial, pending or about to be brought before any court, jury, arbitrator, officer, person, board, or holy, having according to law or the agreement of parties, authority to proceed therein.