Delaware Code

10 Del. C. § 3919 (2026)

Defense in civil libel actions

✓ current as of May 2026

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In actions for damages for the writing or publishing of a libel, where the truth is pleaded and given in evidence, if it is found that the same was written or published properly for public information, and with no malicious or mischievous motives, the court or jury may find for the defendant.

11 Del. Laws, c. 449, § 2; Code 1915, § 4218; Code 1935, § 4693; 10 Del. C. 1953, § 3920;

Notes of Decisions

Cited in 1 case, 1956–1956 · leading case: McNeill v. Tarumianz, 138 F. Supp. 713 (D. Del. 1956).

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McNeill v. Tarumianz, 138 F. Supp. 713 (D. Del. 1956). “The pertinent provision of 10 Del.C. § 3919 reads as follows: “(a) Before any action, either civil or criminal, is brought for the publication in a newspaper of a libel, the plaintiff or prosecutor shall at least five days before instituting such action serve notice in writing…”

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