No. 12
Media Services
2016
the payment of the costs and expenses as court finds just
and appropriate.
(7) For the purpose of this section, words shall be
treated as published by one person, in this subsection
referred to as the publisher, innocently in relation to
another person if the following conditions are satisfied:
(a) the publisher did not intend to publish the
words and concerning that other person and
did not know of circumstances by virtue of
which they might be understood to refer to
that other person; or
(b) the words were not defamatory on the face of
it and the publisher
did not know
circumstances by virtue of which they might
be understood to be defamatory of that other
person, and in either case, that the publisher
exercised all reasonable care in relation to the
publication.
(8) Any reference in subsection (7) to the
publisher shall be construed as including a reference to a
servant or agent of the publisher in relation to the contents
of the publication in question.
(9) The provisions of subsection (1)(b) shall not
apply in relation to the publication of words by a person
who is not the author unless he proves that the words were
written by the author without malice.
Redress for
defamation
41.-(1) Where a person alleges that a print or
electronic media content is defamatory within the meaning
of this Act, that person may file a case in the court for
redress.
(2) The case shall contain a copy of a print or
electronic media content complained about or, if the print
or electronic media content cannot be extracted without
unduly difficulty, statement to the effect that retrieval of
the print or electronic media content has not been possible.
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