LAWS OF FIJI

CHAPTER 34

DEFAMATION Arrangement of Sections SECTION (a) Short title. (b) Interpretation. (c) Broadcast statements. (d) Evidence in mitigation of apolog . (e) !ight of defendant in action for libel to plead absence of malice" etc. and apolog . (f) Evidence of other damages recovered b plaintiff. (g) Consolidation of actions. (h) Costs not to e#ceed damages $itho%t &%dge's certificate. (i) (ords imp%ting %nchastit to $oman or girl. (&) Slander affecting official" professional or b%siness rep%tation. ()) Slander of title" etc. (l) *nintentional defamation. (m) Absol%te privilege of ne$spaper report of proceedings in co%rt. (n) +%alified privilege of ne$spapers. (o) ,%stification. (p) -air comment. (.) /imitation on privilege at elections. (r) Agreements for indemnit . (s) Clarification. 00000000000000000000000000000000000000000 Act No. 14 of 1971 AN ACT TO AMEND THE LAW RESPECTING DEFAMATORY WORDS AND LIBEL 123rd April" 45647 Short title 1. This Act ma be cited as the 8efamation Act.

Interpretation 2. In this Act" %nless the conte#t other$ise re.%ires0 9broadcast9 or 9broadcasting9 means p%blication for general reception" as part of an programme or service provided thro%gh a broadcasting station $ithin -i&i" b means of telecomm%nication" $ithin the meaning of the Telecomm%nications Act: and" $here $ords broadcast b means of telecomm%nication are sim%ltaneo%sl transmitted b telegraph" as defined b the Telecomm%nications Act" in accordance $ith a licence granted %nder s%ch Act" the provisions of this Act shall appl as if the transmission $ere broadcast $ithin the definition hereinbefore contained: (Cap. 173) 9broadcasting station9 means an station operated b the ;overnment or in respect of $hich a licence granted b the telecomm%nication a%thorit %nder the Telecomm%nications Act" is in force" being a licence $hich (b $hatever form of $ords) a%thorised the %se of the station for the p%rpose of providing broadcasting services for general reception: (Cap. 173) 9defamation9 incl%des defamation b libel or slander: 9information9 incl%des indictment: 9international co%rt9 means the International Co%rt of ,%stice and an other &%dicial or arbitral trib%nal deciding matters in disp%te bet$een States: 9&%dicial proceedings9 incl%de an proceeding had or ta)en before an co%rt" trib%nal" commission of in.%ir or person in -i&i" in $hich evidence ma be given on oath: 9legislat%re9" in relation to an part of the Common$ealth $hich is s%b&ect to a central and local legislat%re" means either of those legislat%res: 9ne$spaper9 means an paper containing p%blic ne$s or observations thereon or consisting $holl or mainl of advertisements $hich is printed for sale or distrib%tion and is p%blished in -i&i either periodicall or in parts or n%mbers at intervals: 9proprietor9 incl%des lessee: 9report of <arliament9 incl%des an report" paper" vote or other proceeding of <arliament: 9$ords9 incl%de pict%res" vis%al images" gest%res and other methods of signif ing meaning. Broadcast statements

3. -or the p%rposes of the la$ of defamation and of this Act" the broadcasting of $ords" shall be treated as p%blication in permanent form and" if defamator " governed b the la$ of libel. E idence in miti!ation of apolo!" 4. In an action for defamation it shall be competent to the defendant (after notice in $riting of his intention to do so d%l given to the plaintiff $ithin a reasonable time before the trial of s%ch action) to give in evidence in mitigation of damages that he made or offered an apolog to the plaintiff or s%ch defamation before the commencement of the action" or as soon after$ards as he had an opport%nit of doing so" $here the action had been commenced before there $as an opport%nit of ma)ing or offering s%ch apolog . #i!ht of defendant in action for li$el to plead a$sence of malice% etc. and apolo!" 5. In an action for defamation it shall be competent to the defendant to set %p as a defence that the defamator $ords $ere p%blished $itho%t act%al malice and $itho%t gross negligence" and that before the commencement of the action" or at the earliest opport%nit thereafter" he inserted in a ne$spaper or broadcast a f%ll and complete apolog for the defamation" or if the ne$spaper in $hich the defamator $ords appeared is ordinaril p%blished at intervals of five da s or more" had offered to p%blish the said apolog in an ne$spaper to be selected b the plaintiff in the action: and to s%ch defence to the action it shall be competent to the plaintiff to repl generall den ing the $hole of s%ch defence= <rovided that it shall not be competent to an defendant in s%ch action to set %p an defence as aforesaid $itho%t at the same time ma)ing a s%fficient pa ment of mone into co%rt b $a of amends" and ever s%ch defence so filed $itho%t s%ch pa ment into co%rt shall be deemed a n%llit and ma be treated as s%ch b the plaintiff in the action. E idence of other dama!es reco ered $" plaintiff 6. In an action for defamation" the defendant ma give evidence in mitigation of damages that the plaintiff has recovered damages" or has bro%ght an action for damages" for defamation in respect of the p%blication of $ords to the same effect as the $ords on $hich the action is fo%nded" or has received or agreed to receive compensation in respect of an s%ch p%blication. Consolidation of actions 7.0(4) It shall be competent for the S%preme Co%rt" on an application b or on behalf of t$o or more defendants in actions in respect of the same" or s%bstantiall the same" defamation bro%ght b one and the same person" to ma)e an order for the consolidation of s%ch actions: and after s%ch order has been made" and before the trial of the said actions" the defendants in an ne$ actions instit%ted in respect of the same" or s%bstantiall the same" defamation shall also be entitled to be &oined in a common action on a &oint application being made b s%ch ne$ defendants and the defendants in the actions alread consolidated.

(2) In s%ch consolidated action" the co%rt shall assess the $hole amo%nt of the damages" if an " in one s%m" b%t a separate &%dgment shall be given for or against each defendant in the same $a as if the actions had been tried separatel : and if the co%rt has fo%nd against the defendant or defendants in more than one of the actions so consolidated" it shall proceed to apportion the amo%nt of damages a$arded bet$een and against the said last0mentioned defendants. (3) The &%dge at s%ch trial" if he a$ards the plaintiff the costs of the action" shall there%pon ma)e s%ch order as he ma deem &%st for the apportionment of s%ch costs bet$een and against s%ch defendants. (>) This section shall appl to actions for slander of title" slander of goods or other malicio%s falsehood as it applied to actions for libel or slander and references to the same" or s%bstantiall the same" libel or slander shall be constr%ed accordingl . Costs not to e&ceed dama!es 'itho(t )(d!e*s certificate 8. In an action for defamation" a plaintiff shall not recover more costs than damages" %nless the trial &%dge certifies that there $ere reasonable gro%nds for bringing the action. +ords imp(tin! (nchastit" to 'oman or !irl 9. (ords spo)en and p%blished $hich imp%te %nchastit or ad%lter to an $oman or girl shall not re.%ire special damage to render them actionable. Slander affectin! official% professional or $(siness rep(tation 10. In an action for slander in respect of $ords calc%lated to disparage the plaintiff in an office" profession" calling" trade or b%siness held or carried on b him at the time of the p%blication" it shall not be necessar to allege or prove special damage" $hether or not the $ords are spo)en of the plaintiff in the $a of his office" profession" calling" trade or b%siness. Slander of title% etc. 11.0(4) In an action for slander of title" slander of goods or other malicio%s falsehood" it shall not be necessar to allege or prove special damage0 (a) if the $ords %pon $hich the action is fo%nded are calc%lated to ca%se pec%niar damage to the plaintiff and are p%blished in $riting or other permanent form: or ($) if the said $ords are calc%lated to ca%se pec%niar damage to the plaintiff in respect of an office" profession" calling" trade or b%siness held or carried on b him at the time of the p%blication. (2) The provisions of section 12 shall appl for the p%rposes of this section as the appl for the p%rposes of the la$ of libel and slander.

,nintentional defamation 12.0(4) A person $ho has p%blished $ords alleged to be defamator of another person ma " if he claims that the $ords $ere p%blished b him innocentl in relation to that other person" ma)e an offer of amends %nder this section: and in an s%ch case0 (a) if the offer is accepted b the part aggrieved and is d%l performed no proceedings for defamation shall be ta)en or contin%ed b that part against the person ma)ing the offer in respect of the p%blication in .%estion (b%t $itho%t pre&%dice to an ca%se of action against an other person &ointl responsible for that p%blication): ($) if the offer is not accepted b the part aggrieved" then" e#cept as other$ise provided b this section" it shall be a defence" in an proceedings b him for defamation against the person ma)ing the offer in respect of the p%blication in .%estion" to prove that the $ords complained of $ere p%blished b the defendant innocentl in relation to the plaintiff and that the offer $as made as soon as practicable after the defendant received notice that the $ere or might be defamator of the plaintiff" and has not been $ithdra$n. (2) An offer of amends %nder this section m%st be e#pressed to be made for the p%rposes of this section" and shall be accompanied b an affidavit specif ing the facts relied %pon b the person ma)ing it to sho$ that the $ords in .%estion $ere p%blished b him innocentl in relation to the part aggrieved: and for the p%rposes of a defence %nder paragraph ($) of s%bsection (4) no evidence" other than evidence of facts specified in the affidavit" shall be admissible on behalf of that person to prove that the $ords $ere so p%blished. (3) An offer of amends %nder this section shall be %nderstood to mean an offer0 (a) in an case" to p%blish or &oin in the p%blication of a s%itable correction of the $ords complained of" and a s%fficient apolog to the part aggrieved in respect of those $ords: ($) $here copies of a doc%ment or record containing the said $ords have been distrib%ted b or $ith the )no$ledge of the person ma)ing the offer" to ta)en s%ch steps as are reasonabl practicable on his part for notif ing persons to $hom copies have been so distrib%ted that the $ords are alleged to be defamator of the part aggrieved. (>) (here an offer of amends %nder this section is accepted b the part aggrieved0 (a) an .%estion as to the steps to be ta)en in f%lfilment of the offer as so accepted shall" in defa%lt of agreement bet$een the parties" be referred to and determined b the S%preme Co%rt" $hose decision thereon shall be final: ($) the po$er of the S%preme Co%rt to ma)e orders as to costs in proceedings b the part aggrieved against the person ma)ing the offer in respect of the p%blication in .%estion" or in proceedings in respect of the offer %nder paragraph (a)" shall incl%de po$er to order the pa ment b the person ma)ing the offer to the part aggrieved of costs on an

indemnit basis and an e#penses reasonabl inc%rred or to be inc%rred b that part in conse.%ence of the p%blication in .%estion: and if no s%ch proceedings as aforesaid are ta)en" the Co%rt ma " %pon application made b the part aggrieved" ma)e an s%ch order for the pa ment of s%ch costs and e#penses as aforesaid as co%ld be made in s%ch proceedings. (?) -or the p%rposes of this section" $ords shall be treated as p%blished b one person (in this s%bsection referred to as the p%blisher) innocentl in relation to another person if" and onl if" the follo$ing conditions are satisfied" that is to sa =0 (a) that the p%blisher did not intend to p%blish them of and concerning that other person" and did not )no$ of circ%mstances b virt%e of $hich the might be %nderstood to refer to him: or ($) that the $ords $ere not defamator on the face of them" and the p%blisher did not )no$ of circ%mstances b virt%e of $hich the might be %nderstood to be defamator of that other person" and in either case that the p%blisher e#ercised all reasonable care in relation to the p%blication: and an reference in this s%bsection to the p%blisher shall be constr%ed as incl%ding a reference to an servant or agent of his $ho $as concerned $ith the contents of the p%blication. (@) <aragraph ($) of s%bsection (4) shall not appl in relation to the p%blication b an person of $ords of $hich he is not the a%thor %nless he proves that the $ords $ere $ritten b the a%thor $itho%t malice. A$sol(te pri ile!e of ne'spaper report of proceedin!s in co(rt 13. A fair and acc%rate report in an ne$spaper or broadcast of proceedings p%blicl heard before an co%rt or other &%dicial proceeding shall" if p%blished contemporaneo%sl $ith s%ch proceedings" be absol%tel privileged= <rovided that nothing in this section shall a%thoriAe the p%blication of an blasphemo%s or indecent matter. -(alified pri ile!e of ne'spapers 14.0(4) S%b&ect to the provisions of this section" the p%blication in a ne$spaper or the broadcasting of an s%ch report or other matter as is mentioned in the Sched%le shall be privileged %nless the p%blication is proved to be made $ith malice. (2) In an action for libel in respect of the p%blication of an s%ch report or matter as is mentioned in <art II of the Sched%le" the provisions of this section shall not be a defence if it is proved that the defendant has been re.%ested b the plaintiff to p%blish in the manner in $hich the original p%blication $as made a reasonable letter or statement b $a of e#planation or contradiction"

and has ref%sed or neglected to do so" or has done so in a manner not ade.%ate or not reasonable having regard to all the circ%mstances. (3) Nothing in this section shall be constr%ed as protecting the p%blication of an matter the p%blication of $hich is prohibited b la$" or of an matter $hich is not of p%blic concern and the p%blication of $hich is not for the p%blic benefit. .(stification 15. In an action for defamation in respect of $ords containing t$o or more distinct charges against the plaintiff" a defence of &%stification shall not fail b reason onl that the tr%th of ever charge is not proved if the $ords not proved to be tr%e do not materiall in&%re the plaintiff's rep%tation having regard to the tr%th of the remaining charges. /air comment 16. In an action for defamation in respect of $ords consisting partl of allegations of fact and partl of e#pression of opinion" a defence of fair comment shall not fail b reason onl that the tr%th of ever allegation of fact is not proved if the e#pression of opinion is fair comment having regard to s%ch of the facts alleged or referred to in the $ords complained of as are proved. 0imitation on pri ile!e at elections 17. A defamator statement p%blished b or on behalf of a candidate in an election to the Bo%se of !epresentatives or to an to$n co%ncil or provincial co%ncil shall not be deemed to be p%blished on a privileged occasion on the gro%nd that is material to a .%estion in iss%e in the election" $hether or not the person b $hom it is p%blished is .%alified to vote at the election. A!reements for indemnit" 18. An agreement for indemnif ing an person against civil liabilit for libel in respect of the p%blication of an matter shall not be %nla$f%l %nless at the time of the p%blication that person )no$s that the matter is defamator " and does not reasonabl believe there is a good defence to an action bro%ght %pon it. Clarification 19. -or the p%rpose of avoiding do%bt it is hereb declared that the provisions of this Act" e#cept $here the conte#t other$ise re.%ires" shall not replace an la$ for the time being in force" b%t shall s%pplement it. SCHED LE NEWSPAPER STATEMENTS HA!ING " ALIFIED PRI!ILEGE PART I

STATEMENTS PRI!ILEGED WITHO T E#PLANATION OR CONTRADICTION 4. A fair and acc%rate report of an proceedings in p%blic of the legislat%re of an part of the Common$ealth o%tside -i&i. 2. A fair and acc%rate report of an proceedings in p%blic of an international organiAation of $hich the ;overnment of -i&i or Ber Ca&est 's ;overnment in the *nited Dingdom is a member" of an international conference to $hich the ;overnment of -i&i or Ber Ca&est 's ;overnment in the *nited Dingdom sends a representative. 3. A fair and acc%rate report of an proceedings in p%blic of an international co%rt. >. A fair and acc%rate report of an proceedings before a co%rt e#ercising &%risdiction thro%gho%t an part of the Common$ealth o%tside -i&i or of an proceedings before a co%rt0martial held o%tside -i&i %nder an la$ relating to the discipline of the armed services. ?. A fair and acc%rate report of an proceedings in p%blic of a bod or person appointed to hold a p%blic in.%ir b the ;overnment or legislat%re of an part of the Common$ealth o%tside -i&i. @. A fair and acc%rate cop of or e#tract from an register )ept in p%rs%ance of an $ritten la$ $hich is open to inspection b the p%blic" or of an other doc%ment $hich is re.%ired b the la$ of -i&i to be open to inspection b the p%blic. 6. A notice or advertisement p%blished b or on the a%thorit of an co%rt $ithin -i&i or an &%dge or officer of s%ch a co%rt. PART II STATEMENTS PRI!ILEGED S BJECT TO E#PLANATION OF CONTRADICTION E. A fair and acc%rate report of the findings or decision of an of the follo$ing associations" or of an committee or governing bod thereof" that is to sa 0 (a) an association formed in -i&i for the p%rpose of promoting or enco%raging the e#ercise of or interest in an art" science" religion or learning" and empo$ered b its constit%tion to e#ercise control over or ad&%dicate %pon matters of interest or concern to the association" or the actions or cond%ct of an persons s%b&ect to s%ch control or ad&%dication: ($) an association formed in -i&i for the p%rpose of promoting or safeg%arding the interests of an trade" b%siness" ind%str or profession" or of the persons carr ing on or engaged in an trade" b%siness" ind%str or profession" and empo$ered b its constit%tion

to e#ercise control over or ad&%dicate %pon matters connected $ith the trade" b%siness" ind%str or profession" or the actions or cond%ct of those persons: (c) an association formed in -i&i for the p%rpose of promoting" or safeg%arding the interests of" an game" sport or pastime to the pla ing or e#ercise of $hich members of the p%blic are invited" or admitted" and empo$ered b its constit%tion to e#ercise control over or ad&%dicate %pon persons connected $ith or ta)ing part in the game" sport or pastime" being a finding or decision relating to a person $ho is a member of or is s%b&ect b virt%e of an contract to the control of the association. 5. A fair and acc%rate report of the proceedings at an p%blic meeting held in -i&i" that is to sa " a meeting bona fide and la$f%ll held for a la$f%l p%rpose and for the f%rtherance or disc%ssion of an matter of p%blic concern" $hether the admission to the meeting is general or restricted. 4F. A fair and acc%rate report of the proceedings at an meeting or sitting in an part of -i&i of0 (a) an bod " board or a%thorit formed or constit%ted %nder the provisions of an Act or of an committee appointed b s%ch bod " board or a%thorit : ($) an &%stice or &%stices of the peace acting other$ise than as a co%rt e#ercising &%dicial a%thorit : (c) an commission" trib%nal" committee or person appointed for the p%rposes of an in.%ir %nder the Constit%tion or an Act of <arliament" b Ber Ca&est " b the ;overnor0;eneral or a Cinister or b the head of an department of ;overnment: (d) an other trib%nal" board" committee or bod constit%ted b or %nder" and e#ercising f%nctions %nder the Constit%tion or an Act" not being a meeting or sitting admission to $hich is denied to representatives of ne$spapers and other members of the p%blic or $here evidence is given on oath. 44. A fair and acc%rate report of the proceedings at a general meeting of an compan or association constit%ted" registered or certified b or %nder an Act or incorporated b !o al Charter" not being a private compan $ithin the meaning of the Companies Act. 42. A cop or fair and acc%rate report or s%mmar of an notice or other matter iss%ed for the information of the p%blic b or on behalf of an ;overnment Cinistr or department" or b or on behalf of the Commissioner of <olice. (Cap. 147.) Controlled $" 2inistr" of Information 0000000000000000000000000000000000000000000000000000