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326.   Plea of justification of libel

Revised Laws of Saint Lucia (2021)

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326.   Plea of justification of libel

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    (1)   Where a person accused of publishing defamatory matter pleads that the defamatory matter published by him or her was true, and that it was for the public benefit that the matter should be published in the manner in which and at the time when it was published, such plea may justify the defamatory matter in the sense specified, if any, in the count, or in the sense which the defamatory matter bears without any such specific justification, or separate pleas justifying the defamatory matter in each sense may be pleaded separately, as if 2 libels had been charged in separate counts.

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    (2)   Every such plea must be in writing, and must set forth the particular fact or facts by reason of which it was for the public benefit that such matter should be so published.

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    (3)   The prosecutor may reply generally denying the truth of the plea.

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    (4)   The truth of matters charged in an alleged libel shall not be inquired into if a plea of justification has not been pleaded, unless the accused is put upon his or her trial on any indictment charging him or her with publishing the libel, which he or she knows to be false in which case evidence of the truth may be given in order to negative allegations that the accused knew the libel to be false.

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    (5)   The accused may, in addition to such plea, plead not guilty, and both pleas shall be inquired into together.

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    (6)   No plea of justification shall be pleaded to any indictment or count of a charge of seditious, blasphemous or obscene libel.

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    (7)   Where an accused despite his or her plea of justification is convicted, the Court may, in pronouncing sentence, consider whether his or her guilt is aggravated or mitigated by the plea.

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    (8)   Where the issue raised by a plea of justification is found against the accused, the prosecutor is entitled to recover from the accused the costs sustained by reason of such plea.

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    (9)   If the accused is acquitted either upon an indictment preferred or complaint filed by a private prosecutor for libel, the accused is entitled to recover from the private prosecutor the costs sustained by him or her by reason of such prosecution.

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    (10)   Any costs recoverable under subsection (8) or (9) by the prosecutor or the accused respectively shall be taxed by the Registrar.

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