i e AT 5 of 1954 DEFAMATION ACT 1954

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1 i e AT 5 of 1954 DEFAMATION ACT 1954

3 Defamation At 1954 Index i e DEFAMATION ACT 1954 Index Setion Page 1 Broadast statements Slander affeting offiial, professional or business reputation Slander of title, et [Repealed] Justifiation Fair omment and 8 [Repealed] [Repealed] Limitation on privilege at eletions Agreements for indemnity Evidene of other damages reovered by plaintiff Consolidation of ations for slander, et Interpretation Proeedings affeted and saving Short title and repeals Commenement... 7 SCHEDULE 9 ENDNOTES 11 TABLE OF LEGISLATION HISTORY 11 TABLE OF RENUMBERED PROVISIONS 11 TABLE OF ENDNOTE REFERENCES 11 AT 5 of 1954 Page 3

5 Defamation At 1954 Setion 1 i e DEFAMATION ACT 1954 Reeived Royal Assent: 13 May 1954 Passed: 5 July 1954 Commened: 5 July 1954 AN ACT to amend the law relating to libel and slander and other maliious falsehoods. GENERAL NOTE: Any referene to the Isle of Man Eduation Authority is to be onstrued in aordane with the Eduation At 1986 Sh 2 para 2. 1 Broadast statements For the purposes of the law of libel and slander, the publiation of words in the ourse of any programme inluded in a programme servie (within the meaning of Part 1 of the Broadasting At 1993) shall be treated as publiation in permanent form. 1 2 Slander affeting offiial, professional or business reputation In an ation for slander in respet of words alulated to disparage the plaintiff in any offie, profession, alling, trade or business held or arried on by him at the time of the publiation, it shall not be neessary to allege or prove speial damage, whether or not the words are spoken of the plaintiff in the way of his offie, profession, alling, trade or business. 3 Slander of title, et (1) In an ation for slander of title, slander of goods or other maliious falsehood, it shall not be neessary to allege or prove speial damage (a) (b) if the words upon whih the ation is founded are alulated to ause peuniary damage to the plaintiff and are published in writing or other permanent form; or if the said words are alulated to ause peuniary damage to the plaintiff in respet of any offie, profession, alling, trade or business held or arried on by him at the time of the publiation. AT 5 of 1954 Page 5

6 Setion 4 Defamation At 1954 (2) Setion one of this At shall apply for the purposes of this setion as it applies for the purposes of the law of libel and slander. 4 [Repealed] 2 5 Justifiation In an ation for libel or slander in respet of words ontaining two or more distint harges against the plaintiff, a defene of justifiation shall not fail by reason only that the truth of every harge is not proved if the words not proved to be true do not materially injure the plaintiff s reputation having regard to the truth of the remaining harges. 6 Fair omment In an ation for libel or slander in respet of words onsisting partly of allegations of fat and partly of expression of opinion, a defene of fair omment shall not fail by reason only that the truth of every allegation of fat is not proved if the expression of opinion is fair omment having regard to suh of the fats alleged or referred to in the words omplained of as are proved. 7 and 8 [Repealed] 3 9 [Repealed] 4 10 Limitation on privilege at eletions A defamatory statement published by or on behalf of a andidate in any eletion to the House of Keys, the Isle of Man Eduation Authority or a loal authority shall not be deemed to be published on a privileged oasion on the ground that it is material to a question in issue in the eletion, whether or not the person by whom it is published is qualified to vote at the eletion. 11 Agreements for indemnity An Agreement for indemnifying any person against ivil liability for libel in respet of the publiation of any matter shall not be unlawful unless at the time of the publiation that person knows that the matter is defamatory, and does not reasonably believe there is a good defene to any ation brought upon it. 12 Evidene of other damages reovered by plaintiff In any ation for libel or slander the defendant may give evidene in mitigation of damages that the plaintiff has reovered damages, or has brought ations for damages, for libel or slander in respet of the publiation of words to the same effet as the words on whih the ation is founded or has reeived or agreed to reeive ompensation in respet of any suh publiation. Page 6 AT 5 of 1954

7 Defamation At 1954 Setion Consolidation of ations for slander, et Setion six of the Libel and Slander At, 1892 (whih provides for the onsolidation, on the appliation of the defendants, of two or more ations for libel by the same plaintiff) shall apply to ations for slander and to ations for slander of title, slander of goods or other maliious falsehood as it applies to ations for libel; and referenes in that setion to the same, or substantially the same, libel shall be onstrued aordingly. 14 Interpretation (1) Any referene in this At to words shall be onstrued as inluding a referene to pitures, visual images, gestures and other methods of signifying meaning. (2) [Repealed] 5 (3) and (4) [Repealed] 6 15 Proeedings affeted and saving (1) This At applies for the purposes of any proeedings begun after the ommenement of this At, whenever the ause of ation arose, but does not affet any proeedings begun before the ommenement of this At. (2) Nothing in this At affets the law relating to riminal libel. 16 Short title and repeals (1) This At may be ited as the Defamation At, 1954, and shall be onstrued as one with the Libel and Slander At, 1892, and that At and this At may be together ited as the Defamation Ats 1892 and (2) [Repealed] 7 17 Commenement This At shall ome into operation when the Royal Assent thereto has been by the Governor announed to Tynwald and a Certifiate thereof has been signed by the Governor and the Speaker of the House of Keys. AT 5 of 1954 Page 7

9 Defamation At 1954 Shedule Shedule 8 AT 5 of 1954 Page 9

11 Defamation At 1954 Endnotes ENDNOTES Table of Legislation History Legislation Year and No Commenement Table of Renumbered Provisions Original Current Table of Endnote Referenes 1 S 1 substituted by Broadasting At 1993 Sh 4. 2 S 4 repealed by Law Reform At 1997 Sh 2. 3 Ss 7 and 8 repealed by Law Reform At 1997 Sh 2. 4 S 9 repealed by Broadasting At 1993 Sh 5. 5 Subs (2) repealed by Law Reform At 1997 Sh 2. 6 Subss (3) and (4) repealed by Broadasting At 1993 Sh 5. 7 Subs (2) repealed by Statute Law Revision At 1983 Sh 2. 8 Sh repealed by Law Reform At 1997 Sh 2. AT 5 of 1954 Page 11

i e AT 8 of 1938 THE PERSONAL INJURIES (EMERGENCY PROVISIONS) ACT 1939

i e AT 8 of 1938 THE PERSONAL INJURIES (EMERGENCY PROVISIONS) ACT 1939 The Personal Injuries (Emergeny Provisions) At 1939 Index i e THE PERSONAL INJURIES (EMERGENCY PROVISIONS) ACT 1939 Index Setion