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 xii
... .....92, 93 Coyne v Citizen Foinance Ltd (1991) 172 CLR 211......................................135 Curtis v Butts, Associated Press vWalker (1967) 388 US 130.......76, 77,78, 80,156 Curry v Walter (1796) 1 Esp 456................
... .....92, 93 Coyne v Citizen Foinance Ltd (1991) 172 CLR 211......................................135 Curtis v Butts, Associated Press vWalker (1967) 388 US 130.......76, 77,78, 80,156 Curry v Walter (1796) 1 Esp 456................
Page 3
... citizens who felt their integrity had been unjustly impugned from resorting to violence as a means of revenging themselves upon their defamers.5 Libel remedies developed in both the criminal and civil law. In its civil law form, libel ...
... citizens who felt their integrity had been unjustly impugned from resorting to violence as a means of revenging themselves upon their defamers.5 Libel remedies developed in both the criminal and civil law. In its civil law form, libel ...
Page 6
... citizens consent to the laws which each institution produced, but also that such consent be informed, premised on an accurate understanding of how the courts and legislators operated in practice. Since most citizens could not collect ...
... citizens consent to the laws which each institution produced, but also that such consent be informed, premised on an accurate understanding of how the courts and legislators operated in practice. Since most citizens could not collect ...
Page 9
... citizen has a moral duty to bring criminal activity to the police's attention, and the police have a reciprocal duty to receive it. But privilege would not be available if the allegations to the police did not involve criminal behaviour ...
... citizen has a moral duty to bring criminal activity to the police's attention, and the police have a reciprocal duty to receive it. But privilege would not be available if the allegations to the police did not involve criminal behaviour ...
Page 19
... citizens it enfranchised. The legislation nonetheless undoubtedly altered the political basis of the relationship between the citizenry and members of the House of Commons, and signalled a clear subordination of the House of Lords to ...
... citizens it enfranchised. The legislation nonetheless undoubtedly altered the political basis of the relationship between the citizenry and members of the House of Commons, and signalled a clear subordination of the House of Lords to ...
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