Defamatory_libel
Defamatory libel was originally an offence under the common law of England. It has been established in England and Wales and Northern Ireland. It was or is a form of criminal libel, a term with which it is synonymous.[1]
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Section 4 of the Libel Act 1843 which created an aggravated statutory offence was also repealed.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
- R v Wicks (1936) 25 Cr App R 168
- Goldsmith v Pressdram Ltd [1977] QB 83
- Desmond v Thorne [1983] 1 WLR 163, [1982] 3 All ER 268, Queen's Bench Division
- Vizetelly v Mudie's Select Library Ltd [1900] 2 QB 170, 16 TLR 352, Court of Appeal of England and Wales
- Gleaves v Deakin [1980] AC 477, [1979] 2 WLR 665, [1979] 2 All ER 497, 69 Cr App R 59, [1979] Crim LR 458, House of Lords
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 Libel and 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 (32 Geo. 3. c. 60).
- Committal proceedings – Power of magistrates to dismiss charge
See section 4 of the Newspaper Libel and 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 That section was repealed by sections 17 and 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.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.
Reform
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.
- Halsbury's Laws of England, 2006 Reissue
- The Coroners and Justice Act 2009, section 73(b)
- The Law Commission, Criminal Libel, Working Paper No 84, 15 January 1982