[470]. In 1843, see Hansard’s Parliamentary Debates, 3d series, vol. lxx. pp. 1254–8; and in 1858, see vol. cxlix. pp. 947–82.—Reporter’s Note.
[471]. See Hansard’s Parliamentary Debates, 3d series, vol. lxx. p. 1254; and vol. cxlix. p. 947.—Reporter’s Note.
[472]. Garby v. Bennett, 57 N. Y. Sup. Ct. 853; Buckstaff v. Hicks, 94 Wis. 34 (semble—report of proceedings of common council of a city not privileged); Dillon v. Balfour, L. R. 20 Ir. 600 Accord.
The publication must purport to be a report. Lewis v. Hayes, 165 Cal. 527.
[473]. The concurring opinions of Cockburn, C. J., and Baggallay and Bramwell, JJ. A., and the arguments of counsel are omitted.
[474]. See Charlton v. Watton, 6 Car. & P. 385; Davison v. Duncan, 7. E. & B. 229, 233; Popham v. Pickburn, 7 H. & N. 891; Davis v. Duncan, L. R. 9 C. P. 396; Allbutt v. General Council, 23 Q. B. D. 400, 411.
By St. 51 & 52 Vict. c. 64, §§ 3 and 4, “§ 3. A fair and accurate report in any newspaper of proceedings publicly heard before any court exercising judicial authority shall, if published contemporaneously with such proceedings, be privileged: Provided that nothing in this section shall authorize the publication of any blasphemous or indecent matter.
Ҥ 4. A fair and accurate report published in any newspaper of the proceedings of a public meeting, or (except where neither the public nor any newspaper reporter is admitted) of any meeting of a vestry, town council, school board, board of guardians, board or local authority formed or constituted under the provisions of any Act of Parliament, or of any committee appointed by any of the above-mentioned bodies, or of any meeting of any commissioners authorized to act by letters patent, Act of Parliament, warrant under the Royal Sign Manual, or other lawful warrant or authority, select committees of either House of Parliament, justices of the peace in quarter sessions assembled for administrative or deliberative purposes, and the publication at the request of any Government office or department, officer of state, commissioner of police, or chief constable of any notice or report issued by them for the information of the public, shall be privileged, unless it shall be proved that such report or publication was published or made maliciously: Provided that nothing in this section shall authorize the publication of any blasphemous or indecent matter: Provided also, that the protection intended to be afforded by this section shall not be available as a defence in any proceedings if it shall be proved that the defendant has been requested to insert in the newspaper in which the report or other publication complained of appeared a reasonable letter or statement by way of contradiction or explanation of such report or other publication, and has refused or neglected to insert the same: Provided further, that nothing in this section contained shall be deemed or construed to limit or abridge any privilege now by law existing, or to protect the publication of any matter not of public concern and the publication of which is not for the public benefit.
“For the purposes of this section ‘public meeting’ shall mean any meeting bona fide and lawfully held for a lawful purpose, and for the furtherance or discussion of any matter of public concern, whether the admission thereto be general or restricted.” Kelly v. O’Malley, 6 T. L. R. 62, was decided under this statute.
Newspaper publication of reports of administrative officers. Tilles v. Pulitzer Pub. Co., 241 Mo. 609; Schwarz v. Evening News Co., 84 N. J. Law 486; Bingham v. Gaynor, 203 N. Y. 27. Contra, Madill v. Currie, 168 Mich. 546. See Morasca v. Item Co., 126 La. 426.