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单词 Innocent publication
释义 無意的發布
In defamation law, the publication of matters which the publisher did not intend to publish them of and concerning another person, and did not know of the circumstances by virtue of which they might be understood to refer to him; or the words were not defamatory on the face of them, and the publisher did not know of the circumstances by virtue of which they might be understood to be defamatory of that other person, and in either case that the publisher exercised all reasonable care in relation to the publication: Defamation Ordinance (Cap 21) s 25(5). A person who has published words alleged to be defamatory of another person may, if he claims that the words were published by him innocently in relation to that other person, make an offer of amendments: s 25(1). The offer provides a defence in proceedings against the defendant to prove that the words complained of were published by the defendant innocently and that the offer is made as soon as practicable; and has not been withdrawn. See also Apology; Defamation; Offer of amends.
指誹謗法中,發布人發布該等言詞,並非故意指該另一人以及涉及該人,而且該等言詞可由於一些情況而被理解為提述該人,發布人對該等情況亦不知情;或該等言詞表面上並沒有誹謗成分,而發布人對該等言詞可由於一些情況而被理解為誹謗該另一人,發布人對該等情況亦不知情;而且,不論在上述任何一種情況,發布人對該項發布已合理地小心行事:《誹謗條例》(第21章)第25(5)條。凡任何人已發布被指稱為誹謗另一人的言詞,則如他聲稱他所發布的言詞乃無意地涉及該另一人,即可提出賠罪:第25(1)條。在針對被告人的法律程序中,如被告人證明被申索發布的言詞乃無意地涉及另一人,並且其本人已在切實可行的範圍內盡快提出賠罪,而提出賠罪並未撤回,則可以提出賠罪作為免責辯護。另見 Apology; Defamation; Offer of amends.
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更新时间:2025/4/4 16:13:00