Odger's English Common Law

530 DEFAMATION.
must be reserved till the trial is over. 1 The report may he
abridged or condensed; it is sufficient to publish a fair
abstract. But if the evidence even of one important witness
be wholly omitted, the jury will probably deem the report
unfair. 2
Privilege otherwise attaching to a fair and accurate
report will be destroyed, if a sensational and misleading
headline be prefixed.
(ii.) Reports of Parliamentary Proceedings. — It is now
clear law that a fair and accurate report of any proceeding
in either House of Parliament, or in a parliamentary com-
mittee, is privileged, although it contain matter defamatory
of an individual. 3
(iii.) Reports of the Proceedings of a Public Meeting.—
At common law no reports, other than reports of judicial
or parliamentary proceedings, were privileged. 4 But by
section 4 of the Law of Libel Amendment Act, 1888, 5 the
privilege was extended to "a fair and accurate report
published in any newspaper of the proceedings of a public
meeting," or of any meeting (except where neither the
public nor any newspaper reporter is admitted) of certain
bodies, including vestries, town councils, boards of guardians
and all other local authorities constituted by Act of Parliament.
Such report is privileged, provided that
(a) it is not made or published maliciously ;
(b) it contains no blasphemous or indecent matter
(c) it contains no matter which is " not of public concern
and the publication of which is not for the public benefit."
And even then the privilege will be lost if the defendant
was requested and has refused to insert in his paper "a
reasonable letter or statement by way of contradiction or
explanation." A public meeting is defined as being " any
1 Lewis v. Levy (1858), E. B. & E. 537 ; 27 L. J. Q. B. 282 ; MacDougatt v.
Knight and Son (1886), 17 Q. B. D. 636 ; (1889), 14 App. Cas. 194.
2 MUissioh v. Lloyds (1877), 46 L. J. C. P. 404 ; Hove v. Lena '(1907), 23 Times
L. B. 243.
8 Wason v. Walter (1868), L. B. 4 Q. B. 73 ; and see 51 & 52 Vict. o. 64, s. 3.
d Davison v. Dwnoan (1857), 7 E. & B. 229 ; Popham v. Piokbum (1862) , 7 H. &
N. 891.
5 51 & 52 Vict. c. 64. Section "" 4 also confers privilege on 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." ,
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