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CAPPER v. WAYMAN
NLR6V58
CAPPER v. WAYMAN.
P. C., Colombo, 76,361.
Telegraphic press message-Ordinance No. 19 of 1898, s. 2-Wilfully printing and publishing telegram before lapse of 48 hours from time of first publication-Liability of editor for unlawful act of sub-editor.
The Times of Ceylon newspaper having printed and published a telegraphic message in its evening issue of the 20th June, 1902, the subeditor of the Ceylon Standard published in the Ceylon Standard the substance of the said message. In a prosecution against the editor of the Ceylon Standard for wilfully printing and publishing the said message, in violation of section 2 of the Ordinance No. 19 of 1898,-
Held, per Moncreiff, A.C.J., that section 5 of that Ordinance, which provides that: " proof that any person is acting as editor of any newspaper in which there has been any publication contrary to the provisions of this Ordinance shall be prima facie evidence that such person has wilfully caused such unlawful publication," means that the person who acted as editor is presumed to have wilfully caused the unlawful publication, and that the onus lay on him to show that he did not act wilfully.
Where the sub-editor of the Ceylon Standard explained that, in the absence of the editor of that newspaper, he wrote the paragraph complained of, upon information received from a person who happened to come into the office shortly after 6 p.m. on the 20th, and after writing it glanced at the evening copy of the Times of Ceylon, but did not look at the portion of the paper where the telegrams were printed, nor considered it part of his duty to ransack the paper to find out whether the news he had received from the casual visitor was there, knowing as he did that that paper was one of the two usual recipients of such telegrams,-
Held, that such conduct on the part of the sub-editor of the Ceylon Standard amounted to wilfulness.
Held further, that, though a master is not responsible for the criminal act of his servant done during his absence and without his authority, yet, as the editor of the Ceylon Standard knew that his sub-editor had been in difficulties on previous occasions with regard to the special telegrams of the Times of Ceylon, and as he neglected to issue to him such instructions as would prevent a recurrence of the unlawful publication complained of, his conduct amounted to wilfulness, and was an offence under section 2 of the Ordinance.
THE editor of the Ceylon Standard was convicted by the Police Magistrate of Colombo for wilfully causing to be published on the 21st day of June, 1902, in the Ceylon Standard, matter contrary to the provisions of the Ordinance No. 19 of 1898, to wit, the following paragraph containing the substance of a telegram received by the Times of Ceylon on the 20th June, at 6 a.m., and printed and published by it in its evening issue of the same date.
The paragraph complained of was as follows: - " The second Ceylon contingent due here on the 10th July. We have received information to the effect that the second Ceylon
contingent, who left these shores early last month for South Africa, will be on their way homeward-bound in a few days, and are due here on the 10th proximo. Although the members of the contingent have had no opportunity of distinguishing themselves, a hearty welcome back will no doubt await them."
The Magistrate (Mr. R. B. Hellings) found that the accused was engaged in the management of the Ceylon Standard as editor till about 5 p.m. on the 20th June; that during his absence one Mr. Staples was in charge of the office as sub-editor; and that the latter wrote the foregoing paragraph and published it, overlooking the telegram of the Times of Ceylon, though it was printed with the largest head-lines. The Magistrate sentenced the editor to a fine of Rs. 50.
The accused appealed.
Rudra (with him H. Jayawardene), for the accused, appellant. -The offence created by the Ordinance No. 19 of 1898, se
