Slander of Women Act 1891
Encyclopedia
The Slander of Women Act 1891 (54 & 55 Vict. c.51) was an Act
of the Parliament
of the United Kingdom of Great Britain and Ireland
(as it then was).
for slander ("words spoken and published"), brought by a female plaintiff
in respect of words that impute unchastity or adultery
to her, it is not necessary for her to allege or prove that she has suffered special damage.
"Unchastity"
This expression is not confined to unchastity with a man. To call a woman a "lesbian" is to impute "unchastity" to her.
, unless the judge certifies that "there was reasonable ground for bringing the action".
by section 16 of the Defamation Act 1961. The proviso was not reproduced.
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom of Great Britain and Ireland
United Kingdom of Great Britain and Ireland
The United Kingdom of Great Britain and Ireland was the formal name of the United Kingdom during the period when what is now the Republic of Ireland formed a part of it....
(as it then was).
Slander imputing unchastity or adultery to a female is actionable per se
This section provides that in an actionLawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
for slander ("words spoken and published"), brought by a female plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
in respect of words that impute unchastity or adultery
Adultery
Adultery is sexual infidelity to one's spouse, and is a form of extramarital sex. It originally referred only to sex between a woman who was married and a person other than her spouse. Even in cases of separation from one's spouse, an extramarital affair is still considered adultery.Adultery is...
to her, it is not necessary for her to allege or prove that she has suffered special damage.
"Unchastity"
This expression is not confined to unchastity with a man. To call a woman a "lesbian" is to impute "unchastity" to her.
But a plaintiff may not recover more costs than damages unless there were reasonable grounds for bringing the action
However, the section then provides that in an action for slander made actionable by that section, a plaintiff may not be awarded more costs than damagesDamages
In law, damages is an award, typically of money, to be paid to a person as compensation for loss or injury; grammatically, it is a singular noun, not plural.- Compensatory damages :...
, unless the judge certifies that "there was reasonable ground for bringing the action".
Republic of Ireland
This section was replaced for the Republic of IrelandRepublic of Ireland
Ireland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
by section 16 of the Defamation Act 1961. The proviso was not reproduced.
Section 2
This section provides that the Act may be cited as the Slander of Women Act 1891 and it does not apply to ScotlandScotland
Scotland is a country that is part of the United Kingdom. Occupying the northern third of the island of Great Britain, it shares a border with England to the south and is bounded by the North Sea to the east, the Atlantic Ocean to the north and west, and the North Channel and Irish Sea to the...
.
Parliamentary debates
- http://hansard.millbanksystems.com/commons/1888/jul/02/slander-law-amendment-bill
- http://hansard.millbanksystems.com/commons/1890/may/15/slander-law-amendment-bill
- http://hansard.millbanksystems.com/commons/1890/may/22/slander-law-amendment-bill-no-278
- http://hansard.millbanksystems.com/commons/1890/jun/03/slander-law-amendment-bill-no-278
- http://hansard.millbanksystems.com/commons/1890/jun/25/slander-law-amendment-bill-no-278
- http://hansard.millbanksystems.com/commons/1890/jul/09/slander-law-amendment-bill-no-278
- http://hansard.millbanksystems.com/commons/1890/dec/04/slander-of-women-bill#S3V0349P0_18901204_HOC_283
- http://hansard.millbanksystems.com/commons/1891/mar/23/slander-of-women-bill-no-150
- http://hansard.millbanksystems.com/commons/1891/apr/06/slander-of-women-bill-no-150
- http://hansard.millbanksystems.com/commons/1891/apr/30/slander-of-women-bill-no-150
- http://hansard.millbanksystems.com/lords/1891/may/01/slander-of-women-bill
- http://hansard.millbanksystems.com/lords/1891/may/11/slander-of-women-bill-no-iii
- http://hansard.millbanksystems.com/lords/1891/jun/09/slander-of-women-bill-no-111
- http://hansard.millbanksystems.com/lords/1891/jun/29/second-reading-5
- http://hansard.millbanksystems.com/lords/1891/jun/30/committee-3
- http://hansard.millbanksystems.com/lords/1891/jul/30/slander-of-women-bill-no-233
- http://hansard.millbanksystems.com/commons/1891/jul/30/slander-of-women-bill-no-150