The Defamation Act 1952 (15 & 16 Geo. 6 & 1 Eliz. 2. c. 66) is an act of the Parliament of the United Kingdom.
This act implemented recommendations contained in the ReportThe Report of the Committee on the Law of Defamation. Cmd 7536. HMSO. 1948. of the Porter Committee. The recommendation made by the Committee in relation to the rule in Smith v StreatfieldSmith v Streatfield 3 KB 764, 82 LJKB 1237, 109 LT 173, 29 TLR 707 was not implemented.Clerk and Lindsell on Torts. Sixteenth Edition. Sweet & Maxwell. 1989. Footnote 2 to paragraph 21-01 at page 1081.
Provisions Section 3 - Slander of title, etc See Malicious falsehood#England and Wales and Verbal injury.
Section 5 - Justification See English defamation law#Justification
This section was repealed by the Defamation Act 2013.
Section 15 - Legislative powers of Parliament of Northern Ireland This section was repealed by Part I of Schedule 6 to the Northern Ireland Constitution Act 1973.
This section extended to Northern Ireland in addition to the other places to which this Act extended.The Defamation Act 1952, section 18(2)
This section provided that no limitation on the powers of the Parliament of Northern Ireland imposed by the Government of Ireland Act 1920 precluded that Parliament from making laws for purposes similar to the purposes of this Act.Copy of the original text of section 15 from Legislation.gov.uk
The Defamation Act (Northern Ireland) 1955 was made for purposes similar to the purposes of this Act.
Section 18 Section 18(1) provides that the act came into force at the end of the period of one month that began on the date on which it was passed. The word "months" means calendar months.The Interpretation Act 1978, section 5 and Schedule 1 The day (that is to say, 30 October 1952) on which the act was passed (that is to say, received royal assent) is included in the period of one month.Hare v Gocher 2 QB 641, 2 All ER 673; Trow v Ind Coope (West Midlands) Ltd 2 QB 899 at 909, 2 All ER 900, CA. This means that the act came into force on 30 November 1952.
Section 18(3) repealed sections 4 and 6 of the Law of Libel Amendment Act 1888 (51 & 52 Vict. c. 64).Copy of the original text of section 18 from Legislation.gov.uk
Subsequent developments The words "(except section fifteen)" in section 18(2) of the act were repealed by part I of schedule 6 to the Northern Ireland Constitution Act 1973. This was consequential on the repeal of section 15 by that part.
Section 18(3) of the act was repealed by section 1 of, and part XI of the schedule to, the Statute Law (Repeals) Act 1974, which came into force on 27 June 1974.
See also Defamation Act English defamation law
Notes
References Halsbury's Statutes
External links