PC (Mauritius) – The applicants had been charged under the Code of publishing a false news story of a nature to disturb the public peace.
Held: To make out the charge, the prosecution had to show that the public peace was likely to be disturbed. It was not enough to establish that the story was false and that the author was highly critical of the government. It had also to be shown that there was indeed some threat to public order which would arise from the story, though it was not necessary to show any actual breach of public order. There was no such evidence in this case, and the appeal was allowed.
Judges:
Lord Slynn of Hadley, Lord Steyn, Lord Hutton Lord Millett and Lord Rodger of Earlsferry
Citations:
Times 23-Aug-2002, [2002] UKPC 42
Links:
Statutes:
Mauritius Criminal Code 229(1)(b)
Commonwealth, Crime, Media
Updated: 06 June 2022; Ref: scu.174727
