-15remain on the notice board “for some days”32 because she could see no harm in
it.
36.
All three Judges held that there had been publication by her. Greer
LJ33 so concluded on the basis that she and her husband (the other defendant),
being proprietors of the establishment:
“...by allowing the defamatory statement, if it be defamatory, to rest upon their wall
and not to remove it, with the knowledge that they must have had that by not
removing it it would be read by people to whom it would convey such meaning as it
had, were taking part in the publication of it.”
37.
Slesser LJ thought that only the secretary (and not her husband) had
published the defamation by adopting the statement posted on the notice board:
“There are cases which go to show that persons who themselves take no overt part in
the publication of defamatory matter may nevertheless so adopt and promote the
reading of the defamatory matter as to constitute themselves liable for the publication.
... I think having read it, and having dominion over the walls of the club as far as the
posting of notices was concerned, it could properly be said that there was some
evidence that she did promote and associate herself with the continuance of the
publication in the circumstances after the date when she knew that the publication had
been made.”34
Greene LJ pointed out that attaching the notice to the club’s walls
38.
was a trespass and that both defendants as proprietors had ample powers to
remove it. 35
He stressed that whether what had occurred amounted to
publication was a question of fact which depended on whether the
circumstances justified the inference that the defendants had assumed
responsibility for the continued presence of the statement on their notice board:
“It may very well be that in some circumstances a person, by refraining from
removing or obliterating the defamatory matter, is not committing any publication at
all. In other circumstances he may be doing so. The test it appears to me is this:
having regard to all the facts of the case is the proper inference that by not removing
32
[1937] 1 KB 818 at 822.
33
Who dissented on the question of defamatory meaning, the majority holding that the
words were not capable of being defamatory.
34
[1937] 1 KB 818 at 834-835.
35
At 837.
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