LIBEL ACT 1843 - SECT 6 On trial of indictment defendant may plead the truth of the matters charged, and that their publication was for the public benefit, and thereupon the truth of the matter charged may be inquired into.

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LIBEL ACT 1843 - SECT 6

On trial of indictment defendant may plead the truth of the matters charged, and that their publication was for the public benefit, and thereupon the truth of the matter charged may be inquired into.

6. On the trial of any indictment ... for a defamatory libel, the defendant
having pleaded such plea as herein-after mentioned, the truth of the matters
charged may be inquired into, but shall not amount to a defence, unless it was
for the public benefit that the said matters charged should be published; and
to entitle the defendant to give evidence of the truth of such matters charged
as a defence to such indictment ... it shall be necessary for the defendant,
in pleading to the said indictment ..., to allege the truth of the said
matters charged in the manner now required in pleading a justification to an
action for defamation, and further to allege that it was for the public
benefit that the said matters charged should be published, and the particular
fact or facts by reason whereof it was for the public benefit that the said
matters charged should be published, to which plea the prosecutor shall be at
liberty to reply generally, denying the whole thereof; and if after such plea
the defendant shall be convicted on such indictment ... it shall be competent
to the court, in pronouncing sentence, to consider whether the guilt of the
defendant is aggravated or mitigated by the said plea, and by the evidence
given to prove or to disprove the same: Provided always, that the truth of the
matters charged in the alleged libel complained of by such indictment ...
shall in no case be inquired into without such plea of justification: Provided
also, that in addition to such plea it shall be competent to the defendant to
plead a plea of not guilty: Provided also, that nothing in this Act contained
shall take away or prejudice any defence under the plea of not guilty which it
is now competent to the defendant to make under such plea to any action or
indictment ... for defamatory words or libel.

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Northern Irish Legislation

LIBEL ACT 1843 - SECT 6