Defamatory libel

Defamatory libel

Defamatory libel was originally an offence under the common law of England. It has been abolished in England and Wales and Northern Ireland. It was or is a form of criminal libel, a term with which it is synonymous.[1]

Contents

England and Wales and Northern Ireland

The common law offence of defamatory libel was abolished[2] for England and Wales and Northern Ireland on 12 January 2010.

Section 4 of the Libel Act 1843 which created an aggravated statutory offence was also repealed.

History

See the following cases:

  • De Libellis Famosis (1606) 5 Co Rep 125a, (1606) 77 ER 250
  • Summer v Hillard (1665) 1 Sid 270, (1665) 82 ER 1099
  • R v Penny (1687) 1 Ld Raym 153, 91 ER 999
  • R v Burdett (1820) 4 B & Ald 95, (1820) 106 ER 873
  • R v Brigstock (1833) 6 Car & P 184, (1833) 172 ER 1199
  • R v Carden (1879) 5 QBD 1
  • Vizetelly v Mudie's Select Library Ltd [1900] 2 QB 170, 16 TLR 352, CA
  • R v Wicks (1936) 25 Cr App R 168
  • Goldsmith v Pressdram Ltd [1977] QB 83
  • Gleaves v Deakin [1980] AC 477, [1979] 2 WLR 665, [1979] 2 All ER 497, 69 Cr App R 59, [1979] Crim LR 458, HL
  • Desmond v Thorne [1983] 1 WLR 163, [1982] 3 All ER 268, QBD

Jurisdiction

This originally vested in the Court of Star Chamber. When that court was abolished, it was transferred to the Court of King's Bench.

Publication in a permanent form

See section 4(1) of the Theatres Act 1968 and section 166(1) of the Broadcasting Act 1990.

Restriction on institution of proceedings

See section 8 of the Law of Libel Amendment Act 1888 (replacing section 3 of the Newspaper and Libel Registration Act 1881) and section 8 of the Theatres Act 1968.

Defences

See sections 6 and 7 of the Libel Act 1843 and sections 3 and 4 of the Law of Libel Amendment Act 1888.

Functions of judge and jury

See the Libel Act 1792.

Committal proceedings - Power of magistrates to dismiss charge

See section 4 of the Newspaper and Libel Registration Act 1881.

Power of magistrates to try newspaper libel summarily with the consent of the accused

See section 5 of the Newspaper Libel and Registration Act 1881. That section was repealed by sections 17 and 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.

Sentence

See sections 4 and 5 of the Libel Act 1843

Proposal to amend the law

In 1985, the Law Commission recommended that the offence of defamatory libel should be abolished and replaced with a new statutory offence of "criminal defamation".[3] The recommendation that a new statutory offence be created has not been implemented.

See also

References

  1. ^ Halsbury's Laws of England, 2006 Reissue
  2. ^ The Coroners and Justice Act 2009, section 73(b)
  3. ^ The Law Commission, Criminal Libel, Working Paper No 84, 15 January 1982

External links



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Look at other dictionaries:

  • defamatory — Calumnious; containing defamation; injurious to reputation; libelous; slanderous. See defamation @ defamatory libel Written, permanent form of defamation as contrasted with slander which is oral defamation. See libel @ defamatory per quod… …   Black's law dictionary

  • defamatory — Calumnious; containing defamation; injurious to reputation; libelous; slanderous. See defamation @ defamatory libel Written, permanent form of defamation as contrasted with slander which is oral defamation. See libel @ defamatory per quod… …   Black's law dictionary

  • Libel — • A malicious publication by writing, printing, picture, effigy, sign, or otherwise than by mere speech, which exposes any living person, or the memory of any person deceased, to hatred, contempt, ridicule, or obloquy, or which causes or tends to …   Catholic encyclopedia

  • libel — li·bel 1 / lī bəl/ n [Anglo French, from Latin libellus, diminutive of liber book] 1: complaint (1) used esp. in admiralty and divorce cases 2 a: a defamatory statement or representation esp. in the form of written or printed words; specif: a… …   Law dictionary

  • Libel — Li bel (l[imac] b[e^]l), n. [L. libellus a little book, pamphlet, libel, lampoon, dim. of liber the liber or inner bark of a tree; also (because the ancients wrote on this bark), paper, parchment, or a roll of any material used to write upon, and …   The Collaborative International Dictionary of English

  • libel per se — / pər sē, per sā/ n: libel that is actionable without the plaintiff introducing additional facts to show defamation or claiming special damages Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. libel per se …   Law dictionary

  • defamatory writing — index libel Burton s Legal Thesaurus. William C. Burton. 2006 …   Law dictionary

  • libel — n. & v. n. 1 Law a a published false statement damaging to a person s reputation (cf. SLANDER). b the act of publishing this. 2 a a false and defamatory written statement. b (foll. by on) a thing that brings discredit by misrepresentation etc.… …   Useful english dictionary

  • libel — /laybal/ A method of defamation expressed by print, writing, pictures, or signs. In its most general sense, any publication that is injurious to the reputation of another. A false and unprivileged publication in writing of defamatory material.… …   Black's law dictionary

  • libel — /laybal/ A method of defamation expressed by print, writing, pictures, or signs. In its most general sense, any publication that is injurious to the reputation of another. A false and unprivileged publication in writing of defamatory material.… …   Black's law dictionary

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