Page:Revised Codes of the State of North Dakota 1895.pdf/1301

Libel. CHAPTER 26.

LIBEL.

§ 7146. Defined. Any malicious publication, by writing, printing, picture, effigy, sign or otherwise than by mere speech, which exposes any living person or the memory of any person deceased, to hatred, contempt, ridicule or obloquy, or which causes or tends to cause any person to be shunned or avoided, or which has a tendency to injure any person, corporation or association of persons, in his or their business or occupation, is a libel.

§ 7147. Is misdemeanor. Every person who publishes a libel, is guilty of a misdemeanor.

§ 7148. Presumption of malice. A publication having the tendency or effect, mentioned in section 7146 is to be deemed malicious, if no justification or excuse therefor is shown. The publication is justified when the matter charged as libelous is true and was published with good motives and for justifiable ends. The publication is excused when it is honestly made, in the belief of its truth and upon reasonable grounds for belief, and consists of fair comments upon the conduct of a person in respect of public affairs, or upon a thing which the proprietor thereof offers or explains to the public.

§ 7149. Publication of libel defined. To sustain a charge of publishing a libel, it is not necessary that the matter complained of should have been read or seen by another. It is enough that the accused knowingly displayed it, or parted with its immediate custody under circumstances which exposed it to be read or seen or understood by another person than himself.

§ 7150. Liability of editors and others. Every editor or proprietor of a book, newspaper or serial publication, and every manager of a partnership or incorporated association, by which a book, newspaper or serial publication is issued, is chargeable with the publication of any matter contained in such book, newspaper or serial. But in every prosecution for libel the accused may show in his defense that the matter complained of was published without his knowledge or fault and against his wishes, by another who had no authority from him to make the publication, and whose act was disavowed by him as soon as known.

§ 7161. Publishing true report of public official proceedings. A prosecution for libel cannot be maintained against a reporter, editor, publisher or proprietor of a newspaper, for the publication therein, of a fair and true report of any judicial, legislative or other public and official proceeding, or of any statement, speech, argument or debate in the course of the same, without proving actual malice in making the report.

§ 7152. Qualification of last section. The last section does not apply to a libel contained in the heading of the report, or in any other matter added by any other person concerned in the publication, or in the report of anything said or done at the time and place of the public and official proceeding, which was not a part thereof.

§ 7153. Other privileged communications. A communication made to a person entitled to or interested in the communication,