The Newspapers Act

The Newspapers Act, C.C.S.M. c. N90 bilingual version (HTML) Table of Contents Section 1 Affidavit required before publication 2 What affidavit shall contain 3 Requisites of affidavit 4 Who shall swear to affidavit 5 Notice to persons named in affidavit who do not swear to it 6 Filing of affidavits 7 New affidavit required when certain changes made 8 Where any person named in the affidavit has ceased to be publisher, etc., how proved 9 Notice of printer's name and address, etc., to be contained in every newspaper 10 Offences and penalties 11 Onus of proof 12 Proof that newspaper was bought 13 Copies of affidavits to be furnished 14 Certified copies of affidavit to be received as prima facie evidence 15 Matters contained in affidavit to be evidence against deponents and others 16 Where no benefit of Defamation Act 17 Penalty for publishing newspaper without having made affidavit 18 Warrant to enter and seize HER MAJESTY, by and with the advice and consent of the Legislative Assembly of Manitoba, enacts as follows: No newspaper etc., to be published in Manitoba, except certain formalities complied with 1 No person shall print or publish, or cause to be printed or published, in Manitoba, any newspaper, pamphlet, or other paper containing public news or intelligence, or serving the purpose of a newspaper, or for the purpose of posting for general circulation in detached pieces as a newspaper, until an affidavit made and signed in the manner, and containing the matters, hereinafter mentioned, is delivered to the Registrar or a deputy registrar of the Court of King's Bench. What affidavit shall contain 2 The affidavit shall set forth the real and true names, additions and descriptions of every person who is, or who is intended to be, the printer or publisher of the newspaper, pamphlet, or other paper mentioned in the affidavit, and of all the proprietors thereof, and the amount of the proportional shares of the proprietors in the property of the newspaper, pamphlet, or other paper, and the true description of the house or building wherein the newspaper, pamphlet, or other paper is intended to be printed, and the titles of the newspaper, pamphlet, or other paper. S.M. 1991-92, c. 41, s. 19 . Requisites of affidavit 3 Every such affidavit shall be in writing and signed by the persons making it, and may be taken before any person authorized to take affidavits. Who shall swear to affidavit 4 Where the number of the printers, publishers, and proprietors of any newspaper, pamphlet, or other paper does not exceed four the affidavit required shall be sworn and signed by all of them, and where the number exceeds four the affidavit shall be signed and sworn by four of such persons. Notice to persons named in affidavit who do not swear to it 5 The persons so signing and swearing to the truth of the affidavit in the last mentioned case shall, within eight days after the affidavit is delivered as aforesaid, give notice to each person not signing and swearing to it, but named therein as a proprietor, printer, or publisher as aforesaid, that he is so named therein; and in case of neglect to give such a notice, each person who has so signed and sworn the affidavit is liable, on summary conviction, to a fine of $80. Filing of affidavits 6 All affidavits delivered under this Act to the Registrar or deputy registrar of the Court of King's Bench shall be kept and filed by the registrar or deputy registrar, as the case may be. New affidavit required when certain changes made 7 An affidavit of the like import shall be made, signed and given in like manner, as often as any of the printers, publishers, or proprietors named in the affidavit are changed, or change their printing house or place of business, and as often as the title of the newspaper, pamphlet, or other paper is changed. S.M. 1991-92, c. 41, s. 19 . Where any person named in the affidavit has ceased to be publisher, etc., how proved 8 Where a person against whom any such affidavit or any copy thereof is offered in evidence proves that he has signed and sworn and delivered to the Registrar or deputy registrar of the Court of King's Bench, previous to the day of the date of the publication of the newspaper, pamphlet, or other paper to which the proceedings relate, an affidavit that he has ceased to be printer, proprietor, or publisher of the newspaper, pamphlet, or such paper, the person shall not be deemed, by reason of any former affidavit so delivered as aforesaid, to have been printer or publisher of the newspaper, pamphlet, or other paper after the day on which the last affidavit was delivered to the registrar or deputy registrar of the Court of King's Bench. Notice of printer's name and address, etc., to be contained in every newspaper 9 In a conspicuous part of every newspaper, pamphlet, or other paper aforesaid, there shall be printed the real name and addition of every printer and publisher thereof, and also a true description of the place where it is printed. S.M. 1991-92, c. 41, s. 19 . Penalty for non-compliance with Act 10(1) Any person who knowingly prints or publishes, or causes to be printed or published, any such newspaper, pamphlet, or other paper not containing the particulars required by this Act, is guilty of an offence and is liable, on summary conviction, to a fine of not less than $100. or more than $1,000., and in default of payment, to imprisonment for a term of not less three months or more than six months. Printer's or publisher's name to be contained on printed matter 10(2) Every printed advertisement, handbill, placard, poster, or dodger, shall bear upon its face or attached thereto, the name and address of its printer or publisher; and any person printing, publishing, distributing, or posting up such a document unless it bears upon its face his name and address, is guilty of an offence and is liable, on summary conviction, to a fine of $100.; but this section does not apply to the billboards or hoardings of a person regularly carrying on the business of bill poster. Onus of proof 11 Proof in the manner hereinafter mentioned in any proceeding to recover the penalty mentioned in subsection 10(1) that the person proceeded against is a printer or publisher of a newspaper, pamphlet, or other such paper so printed and published as aforesaid, shall be taken to be proof that the party is a person wilfully and knowingly printing or publishing it, or causing it to be printed or published, unless he satisfactorily proves the contrary thereof. Proof that newspaper was bought 12 Where the affidavit referred to in section 4, or a certified copy thereof, and a newspaper, pamphlet, or other paper intituled in the same manner as the newspaper, pamphlet, or other paper mentioned in the affidavit or copy, and containing the names of printers and publishers, and the place of printing mentioned in the affidavit, is produced in evidence against the persons named in the affidavit or any of them, it is not necessary for the plaintiff, informant, or prosecutor, or person seeking to recover any of the penalties imposed by this Act, to prove that the newspaper, pamphlet, or paper to which the suit or trial relates was purchased at any house, shop, or office belonging to or occupied by the defendants, or any of them, or by their or his servants or workers, or where they by themselves or their servants or workers usually carry on the business of printing or publishing the newspaper, pamphlet, or other paper, or where it is usually sold. Copies of affidavits to be furnished 13 The registrar or deputy registrar of the Court of King's Bench with whom any affidavit as aforesaid is deposited shall, upon application therefor by any person accompanied by the fee prescribed therefor under The Court Services Fees Act deliver to the person a certified copy of the affidavit. S.M. 1999, c. 11, s. 13 ; S.M. 2020, c. 21, s. 53 . Certified copies of affidavit to be received as prima facie evidence 14 In all cases a copy of any such affidavit, certified to be a true copy under the hand of the registrar or a deputy registrar of the Court of King's Bench having the custody thereof, shall be received in evidence as prima facie proof of the affidavit, and that it was duly sworn, and of the contents thereof. Matters contained in affidavit to be evidence against deponents and others 15 An affidavit so filed, or a true copy thereof certified as aforesaid, shall, in all cases or proceedings touching or concerning any such newspaper, pamphlet, or paper, or any publication, matter or thing contained therein, be admitted as conclusive evidence of the truth of all matters set forth in the affidavit that are hereby required to be therein set forth, against every person who has signed and sworn the affidavit, and against every person mentioned therein as a proprietor, printer, or publisher thereof, unless the contrary is satisfactorily proved. Where no benefit of Defamation Act 16 No person or corporation not having complied with this Act is entitled to the benefit of any of the provisions of The Defamation Act . Penalty for publishing newspaper without having made affidavit 17 Any person who knowingly and wilfully prints or publishes, or causes to be printed and published, or knowingly and wilfully, either as a proprietor thereof or otherwise, sells or delivers out any newspaper, pamphlet, or other such paper, the affidavit containing such matters and things as are required to be therein contained not having been duly signed, sworn, and delivered and as often as by this Act is required, or any other matter or thing required by this Act to be done or performed not having been done or performed, is guilty of an offence and is liable, on summary conviction, to a fine of $20. Warrant to enter and seize 18 A justice who is satisfied by information upon oath that there are reasonable and probable grounds to believe that (a) a violation of this Act has occurred or is occurring; and (b) there is to be found in any building, receptacle, vehicle, or place in the province a book, record, document or other thing which affords evidence of the violation; may, at any time, and where necessary upon ex parte application, issue a warrant authorizing any peace officer or other person named therein to enter and search the building, receptacle, vehicle, or place for the book, records, document or thing, and to seize and bring it before a justice to be dealt with according to law.