Defamatory libel explained

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]

England, Wales and Northern Ireland

See also: English defamation law.

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Section 4 of the Libel Act 1843 which created an aggravated statutory offence was also repealed.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 formSee section 4(1) of the Theatres Act 1968 and section 166(1) of the Broadcasting Act 1990.

Restriction on institution of proceedingsSee 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 chargeSee section 4 of the Newspaper Libel and Registration Act 1881.

Power of magistrates to try newspaper libel summarily with the consent of the accusedSee 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 That section was repealed by sections 17 and 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.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.

See also

• Defamation
• Criminal libel
• Scandalum Magnatum

External links

• Remove Online Defamation

Notes and References

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