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“Point in Time” Act Content

LIBEL AND SLANDER ACT

[RSBC 1996] CHAPTER 263

NOTE: Links below go to act content as it was prior to the changes made on the effective date. (PIT covers changes made from September 6, 2000 to "current to" date of the act.)
SECTIONEFFECTIVE DATE
4July 1, 2007
6.1October 21, 2004
6.2October 21, 2004
 March 31, 2005
 June 27, 2008
 January 14, 2010
8January 1, 2004
10October 21, 2004
13July 1, 2010
14March 30, 2023
19July 1, 2010

  Section 4 (1) BEFORE amended by 2007-29-44,Sch, effective July 1, 2007 (BC Reg 229/2007).

(1)  A fair and accurate report published in a public newspaper or other periodical publication or in a broadcast of the proceedings of a public meeting, or, except if neither the public nor a news reporter is admitted, of a meeting of a municipal council, school board, board or local authority formed or constituted under any Act, or a francophone education authority as defined in the School Act, or of a committee appointed by any of the above mentioned bodies, or of a meeting of commissioners authorized to act by letters patent, Act or other lawful warrant or authority, or select committees of the Legislative Assembly, and the publication at the request of a government office or ministry, or a public officer, of a notice or report issued for the information of the public, is privileged, unless it is proved that the report or publication was published or made maliciously.

  Section 6.1 was enacted by 2004-57-16, effective October 21, 2004 (Royal Assent).

  Section 6.2 was enacted by 2004-57-16, effective October 21, 2004 (Royal Assent).

  Section 6.2 (1) (h.1) was added by 2005-17-18, effective March 31, 2005 (BC Reg 201/2005).

  Section 6.2 (1) (f) BEFORE repealed by 2007-22-24, effective June 27, 2008 (BC Reg 187/2008).

(f) the open university established under the Open Learning Agency Act;

  Section 6.2 (1) (e) BEFORE amended by BC Reg 5/10 under RS1996-238-11(3), effective January 14, 2010 (BC Reg 5/2010).

(e) a person that has received from the Minister of Advanced Education the consent referred to in section 4 of the Degree Authorization Act;

  Section 8 BEFORE amended by 2003-52-155, effective January 1, 2004 (BC Reg 465/2003, repealed BC Reg 428/2003).

8  Sections 5, 6 and 7 do not apply to the case of libel against a candidate, whether at a parliamentary or a municipal election, unless at least 5 days before the election, a full and fair retraction of the statement alleged to be erroneous is made, in the case of

(a) a publication, editorially in a conspicuous manner, or

(b) a broadcast, editorially as widely and as often as the alleged libel was broadcast, and a transcript of the retraction is delivered or sent by registered mail addressed to the candidate.

  Section 10 BEFORE amended by 2004-57-17, effective October 21, 2004 (Royal Assent).

10  In an action for defamation if the defendant has pleaded not guilty, if judgment has been given against the defendant with damages to be assessed, or the defendant admits the defamation, the defendant may give in evidence in mitigation of damages, that the defendant made or offered a written or printed apology to the plaintiff for the defamation before the commencement of the action, or if the action was commenced before there was an opportunity of making or offering the apology, that the defendant did so as soon afterwards as the defendant.

  Section 13 (2) BEFORE amended by 2010-6-95,Sch 5, effective July 1, 2010.

(2)  The allegation is put in issue by the denial of the alleged libel or slander, and if the words or matter set out in the pleadings, with or without the alleged meaning, show a cause of action, the statement of claim is sufficient.

  Section 14 (5) BEFORE amended by 2023-10-499, effective March 30, 2023 (Royal Assent).

(5) The defendant, if found guilty, may move for a stay of judgment on the grounds and in a manner he might have done before the coming into force of this Act.

  Section 19 (1) (part) and (6) BEFORE amended by 2010-6-95,Sch 5, effective July 1, 2010.

(1)  In an action brought for libel in a public newspaper or periodical publication the defendant may, at any time after the filing of the statement of claim, apply to the court for security for costs, on notice and an affidavit by the defendant or an agent, showing the following:

(6)  For the purposes of this section, the plaintiff or the defendant or their agents, may be examined on oath at any time after the statement of claim has been filed.