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Reference: Volume 32B (1946), Part No. 1, Section 1, Page 350
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Judgement Details
Date
18/02/1946
Court
OF APPEAL (CIVIL, SUPERIOR)
Judiciary
CAMILLERI LUIGI A., GANADO E., HARDING WILLIAM
Parties
THE HON. ALBERT V. BARTOLI vs ALBERT J. SEMINI ET
ECLI
N/A
Judgement Type
-
Linked Case
N/A
Keywords / Summary
Keywords
APPEAL - CIVIL ACTION AND CRIMINAL PROCEEDINGS - CROSS-APPEAL - EDITOR - LIBEL - SECTION 26, 31, 33 AND 22 OF THE PRESS ORDINANCE (CHAPTER 117 AND REVISED EDITION) AND SECTION 238 OF THE CODE OF THE CIVIL PROCEDURE (CH. 15 REVISED EDIT).
Summary
The editor of a newspaper is liable to civil damages: because the civil claim may be brought againstthose persons as are liable to criminal proceedings, amongst whom is the editor. A subsequent publication in the newspaper refuting the former allegations published in a previous issue of that newspaper does not constitute a bar to the exercise of an action under the Press Law. An apology inserted in the paper may operate in mitigation of damages, but does not discharge of the causes of actionand damages. The mere fact that the responlent did not enter a principal appeal does not deprive him of the right of cross-appeal. Morever, when judgement, he may avail himself of the appeal in respect of all the heads as if the appeal had been entered from the whole judgement.
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