Minutes.
I am sorry that this has been held
up by pressure of Departmental work.
NOTHING TO BE WRITTEN IN THIS MARGIN.
I think that it is sufficiently
clear that the expression "published" as
used in the draft Ordinance (and it is
used in the same manner in the Sudan Press
Ordinance and the Palestine Press Ordinance)
must have a more restricted meaning than
the wider sense as in e.g. "the publication
of a libel".
In England it has been held that
"a newspaper is published when and where it
is offered to the public by the proprietor
(McFarlane v Hulton 1899 1 Ch.884). If we
adopt the same definition, as I think we
would, this would cut out "publications by
a newsvendor. A newspaper may, therefore,
be published in several places but generally
the proprietor would maintain an office for
the purpose of distribution to the public
either direct or through newsvendors. The
Court would have to be satisfied that the
proprietor offered the news paper to the
public for sale or free distribution in
Bahrain before it could hold that a news paper had been published in Bahrain.
The Sudan Ordinances referred to
above had a provision enabling the
Governor General to prohibit the import,
distribution or sale of any book, newspaper
or other printed matter; and the Palestine
Ordinance
F.O.P.
