SELLING BOOK CONTAINING DEFAMATORY LIBEL

.../ Sale by servant.

304. [1] No person shall be deemed to publish a defamatory libel by reason only that he sells a book, magazine, pamphlet or other thing, other than a newspaper that contains a defamatory matter if, at the time of the sale, he does now know that it contains the defamatory matter.

[2] Where a servant, in the course of his employment, sells a book, magazine, pamphlet or other thing, other than a newspaper, the employer shall be deemed not to publish any defamatory matter contained therein unless it is proved that the employer authorized the sale knowing that

[a] defamatory matter was contained therein; or
[b] defamatory matter was habitually contained therein, in the case of a periodical. [R.S. c.C-34, s.268]


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