The Public Order Act, 1965 - REPEALED
PART V – DEFAMATORY AND SEDITIOUS LIBEL DEFAMATION
26. Any person who maliciously publishes any defamatory matter knowing the same to be false shall be guilty of an offence called libel and liable on conviction to imprisonment for any term not exceeding three years or to a fine not exceeding one thousand leones or both.
27. Any person who maliciously publishes any defamatory matter shall be guilty of an offence called libel and liable on conviction to a fine not exceeding seven hundred leones or to imprisonment for a period not exceeding two years or to both such fine and imprisonment.
28. (1) On the trial of an offence of libel against sections 26 or 27, the accused having pleaded such plea as hereinafter 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 accused to give evidence of the truth of such matters charged as a defence to such charge it shall be necessary for the accused in pleading to the said charge, to allege in writing the truth of the said matters charged in the manner now required in pleading a fair comment and justification to an action for a defamation and further to allege in writing 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.
(2) Where the alleged libel contains several charges, and the accused fails in proof of the truth of any one of the matters alleged in it, or where the alleged libel is general and the accused fails to prove so much of the plea under this section as would justify the libel, the Court shall find the accused guilty, and it shall be competent for the Court, in pronouncing sentence, to consider whether the guilty of the accused is aggravated or mitigated by the said plea, and by
the evidence given to prove or disprove the same.
the evidence given to prove or disprove the same.
(3) The matter charged in the alleged libel complained of by such charge shall be presumed to be false, and the truth thereof shall in no case be inquired into in the absence of such plea as mentioned in subsection (1).
(4) IN addition to such plea it shall be competent to the defendant to plead a plea of not guilty.
(5) Subject to the provisions of this section, nothing in this Part contained shall take away or prejudice any defence under the plea of not guilty which is now competent to the defendant to make under such plea to any charge brought under sections 26 or 27. Publication absolutely privileged. Cases in publication is conditionally privileged.
29. No person shall be criminally liable for the publication of defamatory matter in the following cases—
a) where the matter is published by the Governor-General or by Order of the Governor-General in any official document, Gazette, or proceeding; or
b) where the publication is made in a petition to the Governor-General or to a Minister;
c) where the publication takes place in any proceeding held before or under the authority of any court by law established or under any Act or Order or under the authority of the Governor-General or of a Minister; or
d) where the publication takes place sin any official report made by a person appointed to hold an inquiry under the authority of any Act or Order or of the Governor-General or a Minister; or
e) where the matter is published concerning a person subject to military discipline for the time being and relates to his conduct as a person subject to such discipline, and is published by some person having authority over him in respect of such conduct; or
f) where the publication is contained in any communication between Ministers, Ministries and public officers, members of the Armed Forces; public officers and members of the Armed Forces; members of the Armed Forces, public officers in the course of their respective duties.
30. No person shall be criminally liable for the publication of a defamatory matter in the following cases—
a) where the defamatory matter consists of an extract from, or an abstract of, a petition to, or a Gazette or document published by or under the authority of, the Governor-General or a Minister and the publication is made without express malice to the person defamed; or
b) where the defamatory matter constitutes, in whole or in part a fair report, for the information of the public, of any proceeding of any Court, whether preliminary or final; or of any public proceeding of any body constituted or authorised to hold such proceeding, by any Act or Order or of any public meeting so far as the public is concerned in the matter published if, in every case the publication is made without express malice to the person defamed; or
c) where the publication is for the information of the public at the request of any Minister or public officer, or where the defamatory matter is any notice or report issued by a department of Government or public officer, for the information of the public, and where in every such case the publication is made without express malice to the person defamed; or
d) where the defamatory matter consists of fair comment wither on any matter the publication of which or on nay report which, is referred to in sections 26 to 29 or in this section; or e) where the defamatory matter consists of fair comment upon the public conduct of any person in public affairs, or upon the public conduct of any person employed in the public service in the discharge of his public duties, or upon the character of any such persons so as it appears by such conduct; or
f) where the defamatory matter consists of fair comment on any published book or other literary production, or any composition or work of art, or performance publicly exhibited, or any subject; or of the character of the author of such book, production, composition, work of art, or the person exhibiting such performance, so far as their characters may appear therefrom respectively; or
g) where the publication is in good faith for the purpose of seeking remedy or redress for any private or public wrong or grievance from a person who has or is reasonably believed by the person publishing to have, the right to remedy or redress such wrong or grievance; or
h) where the publication is made in good faith by a person having any lawful authority over another, and is made by him in the course of a censure passed by him on the conduct of that other, in matters to which such lawful authority relates; or
i) where the publication is made on the invitation of the person defamed; or
j) or where the publication is made in order to answer or refute some other defamatory matter published by the person defamed, concerning the person making the publication; or
k) where the defamatory matter constitutes an answer to inquiries made of the person publishing it, relating to some subject as to which the person by whom or on whose behalf the inquiry is made, has, or on reasonable grounds is believed by the person publishing to have, an interest in knowing the truth, and if the publication is made in good faith for the purpose of giving information in respect of that matter to that person; or
l) where the defamatory matter constitutes information given to the person to whom the defamatory matter is published with respect, to some subject as to which he h as, or is on reasonable grounds believed to have, such an interest in knowing the truth, as to make the conduct of the person giving the information reasonable in the circumstances:
Provided that as regards paragraphs (h), (i), (j) and (k), the person making the publication honestly believes the matter published is relevant to the matter the existence of which may excuse the publication of defamatory matter, and the manner and extent of the publication do not exceed what is reasonably sufficient for the occasion; and as regards paragraph (l) that the defamatory matter is relevant to the subject therein mentioned; and that it is either true or is made without malice to the person defamed and in the honest believe, on reasonable grounds, that it is true.
Protection of innocent sellers. Publication of false news. Offences.
31. The sale by any person of any book, pamphlet, or other printed or written matter or, of any number or part of any periodical is not a publication thereof for the purposes of this Part, unless such person knows that such book pamphlet or written matter, or number or part, contains defamatory matter; or, in the case of any part or number of any periodical that such periodical habitually contains defamatory matter.
32. (1) Any person who publishes any false statement, rumour or report which is likely to cause fear or alarm, to the public or to disturb the public peace shall be guilty of an offence and liable on conviction to a fine not exceeding three hundred leones or to imprisonment for a period not exceeding twelve months, or to both such fine and imprisonment.
(2) Any person who publishes any false statement, rumour or report which is calculated to bring into disrepute any person who holds an office under the Constitution, in the discharge of his duties shall be guilty of an offence and liable on conviction to a fine not exceeding five hundred leones or to imprisonment not exceeding two years or both.
(3) Any person who publishes any false statement, rumour or report which is likely to injure the credit or reputation of Sierra Leone or the Government shall be guilty of an offence and liable on conviction to a fine not exceeding three hundred leones or to imprisonment for a term not exceeding twelve months or both.
(4) This section shall not apply any defamatory matter exempted under the provisions of section 30.
(5) It is no defence to a charge under this section that the person charged did not know or did not have reason to believe that the statement, rumour or report was false, unless he proves that before he communicated such statement, rumour or report, he took reasonable measures to verify the accuracy of this statement, rumour, or report.
SEDITIOUS LIBEL 33.
(1) Any person who—
a) does or attempts to do, or makes any preparation to do, or conspires with any person to do, any act with a seditious intention; or
b) utters any seditious words; or
c) prints, publishes, sells, offers for sale, distributes or reproduces any seditious publication; or
d) imports any seditious publication, unless he has no reason to believe that it is seditious, shall be guilty of an offence and liable for a first offence to imprisonment for a term not exceeding three years, or to a fine not exceeding one thousand leones or to both such imprisonment and fine, and for a subsequent offence shall be imprisoned for a term not exceeding seven years, and every such seditious publication shall be forfeited to the Government. Legal proceedings. Evidence. Governor-General may prohibit publication of newspapers in certain circumstances. Interpretation.
34. (1) No prosecution for an offence under section 33 shall be begun except within six months after the offence is committed. (2) A person shall not be prosecuted for an offence under section 33 without the written consent of the Attorney General.
35. No person shall be convicted of an offence under section 33 on the uncorroborated testimony of one witness only.
36. (1) Where any person convicted of an offence under sections 26, 27, 32 or 33 or of an attempt or a conspiracy to commit or of complicity in, any such offences, is a publisher, the Court shall forthwith send a report of such a case to the Governor-General.
(2) The Governor-General may either of his own motion or on the recommendation of the Court if in his opinion the interest of public order, public safety, public defence or public morality so requires, by order prohibit the publication of the newspaper in which the defamatory, seditious or false matter appears, for any period not exceeding six months.
(3) Any person who fails to comply with an order made by the Governor-General under subsection (2) shall be guilty of an offence and liable on conviction to be imprisoned for a period not exceeding eighteen months.
(4) It shall be an offence to begin or continue to publish any newspaper under the substantial management of any publisher in respect of whose newspaper an Order had been made under subsection (2) unless the order is no longer in force and any person guilty of an offence under this section shall be liable on conviction to be imprisoned for a period not exceeding eighteen months.
(5) For the purpose of this section—
“publisher” means any printer, editor or proprietor of a newspaper and every agent or employee or other person acting on the instructions of any such editor or proprietor, or any person concerned with the management of a newspaper;
“proprietor” includes as well as the sole proprietor of any newspaper, as also in the case of a divided proprietorship the person who as partners or otherwise represent and are responsible for any share or interest in the newspaper as between themselves and the persons in like manner representing or responsible for the other shares or interests therein and no other person;
“newspaper” means any paper containing public news or occurrences, or any remarks or observations therein, printed for sale and published periodically or in parts or numbers.
37. In this Part— “defamatory matter” means any matter which if published of and concerning a person (deceased or alive) is likely to expose him to public hatred, contempt or ridicule or to damage him in his trade, business, profession, calling, or office whether such matter be expressed in spoken words or in any audible sounds or in words legibly marked or in any substance whatever or by any sign or object signifying such matter otherwise than by words wither directly or by insinuation or irony;
“import” means to being into Sierra Leone;
“periodical publication” includes every publication issued periodically or in parts or numbers at intervals whether regular or irregular;
“seditious intention” includes an intention—
i. to bring into hatred or contempt or to excite disaffection against the person of Her Majesty, her Heirs or successors, or the Governor-General or the Cabinet or the administration of the Government of Sierra Leone as by law established;
ii. or to excite citizens of Sierra Leone or other residents in Sierra Leone to attempt to procure the alteration, otherwise than by lawful means, of any other matter in Sierra Leone as by law established;
iii. or to bring into hatred or contempt or to excite disaffection against the administration of justice in Sierra Leone;
iv.or to raise discontent or disaffection amongst citizens of Sierra Leone or other residents in Sierra Leone;
v.or to encourage or promote feelings of ill-will and hostility between different tribes or nationalities or between persons of different religious faith in Sierra Leone;
but does not include an intention—
a) to show that Her Majesty has been misled or mistaken in any of her measures; or
b) to point out errors or defects in the government or Constitution of Sierra Leone as by law established or a legislation or in the administration of justice with a view to the remedying of such errors or defects; or
c) to persuade the Citizens or inhabitants of Sierra Leone to attempt to procure by lawful means the alteration of any matter in Sierra Leone as by law established; or
d) to point out, with a view to their removal, any matters which are producing, or have a tendency to produce, feelings of ill-will and enmity between different classes of the population of Sierra Leone; and
in determining whether the intention with which any act was done, any words were spoken or any document was published, was or was not seditious, every person shall be deemed to intend the consequences which would naturally follow from his conduct at the time and under the circumstances in which he so conducted himself:
“seditious publication” means a publication having a seditious intention;
“seditious words” means words having a seditious intention;
“to publish” includes—
a) with reference to spoken words or audible sounds, to speak such words or make such sounds in the hearing of another person;
b) in all other cases, to cause, directly or indirectly the print, writing, painting, effigy or other means by which the defamatory, seditious or false matter is conveyed, to be so dealt with, either by exhibition, reading, recitation, description, delivery or otherwise, so that the defamatory, seditious or false meaning thereof become known or is likely to become known to any person (including the class of persons or person whom the defamatory, seditious or false matter may be understood to refer to).