DEFAMATION ORDINANCE 6 Section 4 Cap. 21 [cf. 1843 c. 96 s. 1 U.K.] 4. Right of defendant in action for libel to plead absence of malice, etc. and apology In an action for a libel contained in any newspaper it shall be competent to the defendant to set up as a defence that the libel was inserted in the newspaper without actual malice and without gross negligence, and that before the commencement of the action, or at the earliest opportunity afterwards, he inserted in the newspaper a full apology for the libel, or if the newspaper in which the libel appeared is ordinarily published at intervals exceeding 1 week, had offered to publish the said apology in any newspaper to be selected by the plaintiff in the action: and to such defence to the action it shall be competent to the plaintiff to reply generally denying the whole of such defence: (Amended L.N. 307 of 1998) Provided that it shall not be competent to any defendant in such action to set up any defence as aforesaid without at the same time making a payment of money into court by way of amends, and every such defence so filed without such payment into court shall be deemed a nullity and may be treated as such by the plaintiff in the action. (Amended 50 of 1911; 62 of 1911 Schedule; 33 of 1961 s. 3) [cf. 1843 c. 96 s. 2 U.K.; 1845 c. 75 s. 2 U.K.] 5. Publishing libel known to be false Any person who maliciously publishes any defamatory libel, knowing the same to be false, shall be liable to imprisonment for 2 years, and, in addition, to pay such fine as the court may award. (Amended 30 of 1911 Schedule; 33 of 1961 s. 4) [cf. 1843 c. 96 s. 4 U.K.] 6. (Repealed 68 of 1995 s. 5) Last updated date 1.4.2012