Law Summary
Punishment for Publishing Libel
- Persons who willfully and maliciously publish or cause to be published a libel may be punished.
- Penalties include a fine up to two thousand dollars, imprisonment for up to one year, or both.
Presumption of Malice
- Injurious publications are presumed malicious unless a justifiable motive for publication is shown.
Defense of Truth and Good Motives
- Truth can be used as evidence in libel cases.
- Acquittal occurs if the libelous matter is true and published with good motives and for justifiable ends.
- The burden to prove truth and good motives lies on the defendant.
Publication Without Direct Observation
- It is not necessary for the libelous words or matter to be directly read or seen by others.
- The accused committing publication is liable if he knowingly relinquished custody exposing it to being read or seen by others.
Responsibility of Authors, Editors, and Proprietors
- Authors, editors, and proprietors of publications are equally liable as if they authored the libelous content.
Privilege for Fair and True Reports
- Reporters, editors, and proprietors are shielded from liability for fair and true reports of judicial, legislative, or official proceedings.
- Liability arises only if malice is proven, which is not presumed by mere publication.
No Privilege for Libelous Comments on Privileged Matter
- Libelous remarks or comments connected with privileged official matters do not gain privilege by association.
Privileged Private Communications
- Private communications made in good faith and for protecting interests legally, morally, or socially are privileged and exempt from libel liability.
Liability for Threats to Publish Libel
- Threatening to publish a libel with the intent to extort from the person concerned or their close family members is punishable.
- Penalties include a fine up to one thousand dollars, imprisonment up to six months, or both.
Civil Right of Action for Libel
- Victims of libel have the right to sue for damages in addition to criminal prosecution.
- Damages include actual pecuniary loss, injury to feelings and reputation, and punitive damages.
- Suits may be filed in Courts of First Instance.
- Rules and defenses applicable in criminal libel cases apply equally in civil cases.
Misdemeanor for Obscene or Indecent Publications
- Creation, publication, sale, or exhibition of obscene or indecent writings, pictures, or figures is a misdemeanor.
- Punishable by a fine up to one thousand dollars, imprisonment up to one year, or both.
Repeal of Conflicting Laws
- Existing laws conflicting with this Act are repealed.
- However, existing laws remain applicable where actions are pending or causes of action have arisen prior.
Control of Criminal Actions
- Criminal libel cases are to be prosecuted only under the direction and control of regular prosecuting officers.
Effectivity
- The Act takes effect immediately upon passage.