Page:United States Statutes at Large Volume 47 Part 1.djvu/1151

 72d C ONGRESS. SESS. II. CH. 128 . FEBRUARY 27, 1933 . SEC. 28 . MINORS MAY ENFORCE THEIR RIGHTS .-A minor may enforce his rights by civil action, or other legal proceedings, in the same manner as a person of full age, except that a guardian must conduct the same. CHAPTER 3 .-P ERSO NAL RIG HTS RIGHTS. PE RSON AL SECTION 29. GE NER AL PERSONAL RIGHTS : Besides the personal rights mentioned or recognized in the Executive Order of May 9, 1904, and in the Code of Criminal Procedure, every person has, sub- ject to the qualifications and restrictions provided by law, the right of protection from bodily restraint or harm, from personal insult, from defamation, and from injury to his personal relations. SEC. 30. DEFAMATION, WHAT .-Defamation is effected by : 1. Libel ; 2 . Slander. SEC. 31. LIBEL, WHAT .-Libel is a false and unprivileged publica- tion by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation. CROSS REFERENCE Privileged publication, see sections 33 and 34. SEC. 32. SLANDER, WHAT .-Sla nder is a false and u nprivi leged slander, publ icat ion oth er t han lib el, whi ch 1. Charges any p erson with crime, or with having been indicted, convicted, or punished for crime : 2 . Imputes in him the present existence of an infectious, conta- gious, or loathesome disease ; 3 . Tends directly to injure him in respect to his office, profession, trade, or business, either injur e imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its pro fits ; 4 . Imputes to him impotence of a want of chastity ; or, 5 . Which, by natural consequence, causes actual damage. Privileged publics- SEC. 33. PRIVILEGED PUBLICATIONS .-A privileged publication is t, Privileged one made- 1 . In the proper discharg e of an official duty. 2. In any judicial proceeding, or in any other official proceeding authorized b law : Provided, That an allegation or averment con- Proviso. y s b Allegation in divorce, tained in any pl eading or affida vit filed in an action for divorc e or etc., p roceedings. an a ction prose cuted under sect ion 9 7 made of or concerning a Post, p. 1136. person b y or aga inst who m no aff irmative relief i s prayed in such action shall not be a privileged publication as to the person making sai d all eg ati on or averment within the me an ing of this sect ion unless such pleading be verified or affidavit sworn to, and be made without malice, by one having reasonable and probable cause for believing the truth of such allegation or averment and unless such allegation or averment be material and relevant to the issues in such action. 3. In a communication, without malice, toa person interested therein, (1) by one who is also interested, or (2) by one who stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication innocent, or (3) who is req uest ed by the pe rson interested to give the information. General De famati on, Libel. 1127 Minors may enforce rights.