Political Libels: A Comparative StudyThe political libel is as old as politics itself. The politician,seeking redress in the courts for an allegedly libellous publication, uses the English law of libel to attempt to remove the stain from his character. Wielding the 'sword of truth' he does battle with the media, often with huge attendant publicity, and at great risk to his reputation should he fail in his quest. At the same time he stands to pocket a substantial sum in damages if he can show the libel to have been committed. In this, the first modern study of the phenomenon of political libels, the author delves behind the headlines and looks at the political and legal problems which surround this little understood but controversial area of English law. In this highly readable and engaging work the author surveys the ancient and modern history of the political libel laws, and argues that the English law of libel has in the main been too jealous of defending the reputations of politicians and insufficiently alert to the legitimate interest of the public. A strong case is made for reforming the law substantially, a case which rests both on the experience of other countries (notably the USA), and also on a re-examination of a handful of English cases dating from the mid-to-late nineteenth century whose significance has been downplayed by lawyers in subsequent years. |
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Page 9
... applied to a great many types of information. The Toogood principle has traditionally, however, been confined within quite narrow bounds. The occasion in issue in Toogood itself was an allegation made by the defendant to the plaintiff's ...
... applied to a great many types of information. The Toogood principle has traditionally, however, been confined within quite narrow bounds. The occasion in issue in Toogood itself was an allegation made by the defendant to the plaintiff's ...
Page 15
... applied with equally alacrity to both remedies. There is no obviously compelling reason for retaining the distinction between libel and slander, but as yet neither Parliament nor the courts have taken steps to unify the two remedies ...
... applied with equally alacrity to both remedies. There is no obviously compelling reason for retaining the distinction between libel and slander, but as yet neither Parliament nor the courts have taken steps to unify the two remedies ...
Page 23
... applying to any public meeting. Wightman J, however, re-affirmed the Wright/Curry principle that an accurate report of judicial/parliamentary proceedings was not actionable, rather than merely being privileged. Crompton J appeared to ...
... applying to any public meeting. Wightman J, however, re-affirmed the Wright/Curry principle that an accurate report of judicial/parliamentary proceedings was not actionable, rather than merely being privileged. Crompton J appeared to ...
Page 28
... applied this principle to parliamentary proceedings. His argument assumed that the time had now come for the values of transparency, candour and informed consent previously applied to the courts to be extended to the activities of each ...
... applied this principle to parliamentary proceedings. His argument assumed that the time had now come for the values of transparency, candour and informed consent previously applied to the courts to be extended to the activities of each ...
Page 29
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Contents
1 | |
19 | |
3 American Perspectives on Political Libels in the Early Democratic Era | 37 |
4 The English Common Law in the Early Years of the Modern Democratic Era | 51 |
5 Sullivan v The New York Times | 65 |
6 The Sullivan Principle in English Law | 87 |
7 English Law The First Phase of Reform | 115 |
8 Sullivan v The New York Times in Australia | 133 |
9 English Law The Second Phase of Reform? | 153 |
10 Conclusion | 177 |
Bibliography | 185 |
Index | 189 |
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Common terms and phrases
accepted accurate accused actual adopted allegations Amendment American applied argument Australian authority award basis body Brennan candidate citizens civil claim clear Cockburn common law concerned conclusion conduct considerable considered constitutional Convention council Court of Appeal criminal criticism damages decided decision defamation defamatory defence defendant’s discussion dissemination duty ECtHR effect elected electorate English English common law evidently expression extended facts fair false freedom held House Ibid important indicated individual involved issue judges judgment judicial jury legitimate less libel action libel laws limited Lord majority malice matter newspaper noted obvious offered opinion Parliament parliamentary party perhaps person plaintiff political libels politicians principle proceedings protection prove public interest published qualified privilege question raised reach reasoning reference regarded reputation respect Rights rule seemed society speech statement story substantial suggested Sullivan Supreme Court tion tort trial truth Wason