This section formerly provided: If any person shall maliciously publish any defamatory libel, knowing the same to be false, every such person, being convicted thereof, shall be liable to be imprisoned in the common gaol or house of correction for any term not exceeding two years, and to pay such fine as the court shall award.

[10] Alternative verdict See Boaler v R (1888) 21 QBD 284, (1888) 16 Cox 488, (1888) 4 TLR 565 This section formerly provided: If any person shall maliciously publish any defamatory libel, every such person, being convicted thereof, shall be liable to fine or imprisonment or both, as the court may award, such imprisonment not to exceed the term of one year.

It provided the penalty for the existing common law offence of defamatory libel.

[17] In England and Wales and Northern Ireland, this section now reads: Whensoever [in Northern Ireland], upon the trial of any indictment or information for the publication of a [blasphemous] libel, under the plea of not guilty, evidence shall have been given which shall establish a presumptive case of publication against the defendant by the act of any other person by his authority, it shall be competent to such defendant to prove that such publication was made without his authority, consent, or knowledge, and that the said publication did not arise from want of due care or caution on his part.The words in square brackets were inserted by section 177 of, and paragraph 66 of Schedule 21 to, the Coroners and Justice Act 2009.

[20] This section permitted a defendant who had been charged by a private prosecutor to recover the costs of his legal defence if found not guilty.