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 4
... considered. It is for the plaintiff to prove that the publication complained of was libellous, and that it could be construed as referring to her.10 Having discharged those burdens however, the plaintiff's evidentiary task is in most ...
... considered. It is for the plaintiff to prove that the publication complained of was libellous, and that it could be construed as referring to her.10 Having discharged those burdens however, the plaintiff's evidentiary task is in most ...
Page 10
... considered whether a publication of this sort might, while libellous, benefit from qualified privilege. He concluded it did not. The report of the case does not make his reasoning entirely clear, but it suggests that the libel was not ...
... considered whether a publication of this sort might, while libellous, benefit from qualified privilege. He concluded it did not. The report of the case does not make his reasoning entirely clear, but it suggests that the libel was not ...
Page 21
... considered that 'proceedings in Parliament' could not form the subject of a defamation action. However he would not accept that the publishers of reports of Commons proceedings subsequently circulated outside the house enjoyed such ...
... considered that 'proceedings in Parliament' could not form the subject of a defamation action. However he would not accept that the publishers of reports of Commons proceedings subsequently circulated outside the house enjoyed such ...
Page 22
... considered it intrinsically unattractive. Rather he rejected it because he perceived a clear distinction between 'political' and 'private' information. The libel in issue in Stockdale had no political dimension at all.10 There was thus ...
... considered it intrinsically unattractive. Rather he rejected it because he perceived a clear distinction between 'political' and 'private' information. The libel in issue in Stockdale had no political dimension at all.10 There was thus ...
Page 34
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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