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. |
From inside the book
Results 1-5 of 52
Page 2
... falsely accusing him of drunken behaviour. Clare Short and Kevin McNamara received 'substantial damages' from The Guardian over a story suggesting they were sympathetic to the IRA. Even prospective MPs joined the litigation queue; the ...
... falsely accusing him of drunken behaviour. Clare Short and Kevin McNamara received 'substantial damages' from The Guardian over a story suggesting they were sympathetic to the IRA. Even prospective MPs joined the litigation queue; the ...
Page 8
... false allegations of fact in some circumstances. The rationale underpinning the defences has no basis in preventing the plaintiff from recouping undeserved damages—as does the justification defence—for it is accepted that he/she has ...
... false allegations of fact in some circumstances. The rationale underpinning the defences has no basis in preventing the plaintiff from recouping undeserved damages—as does the justification defence—for it is accepted that he/she has ...
Page 11
... false she/he has (generally33) acted maliciously in communicating it to another.34 There is also some indication that malice might be inferred from overbroad dissemination of the libel. This is a rather ungainly idea, as it obviously ...
... false she/he has (generally33) acted maliciously in communicating it to another.34 There is also some indication that malice might be inferred from overbroad dissemination of the libel. This is a rather ungainly idea, as it obviously ...
Page 12
... false information. The public interest underlying the defence is not, however, in the communicated information itself, for absolute privilege was not granted to repetition (whether by individuals or the press) of any libels aired in ...
... false information. The public interest underlying the defence is not, however, in the communicated information itself, for absolute privilege was not granted to repetition (whether by individuals or the press) of any libels aired in ...
Page 15
... false factual allegations, whether in permanent or transient form. In contrast to the position in libel however, the recoverable loss in malicious falsehood is restricted to injury to the plaintiff's commercial persona. In that respect ...
... false factual allegations, whether in permanent or transient form. In contrast to the position in libel however, the recoverable loss in malicious falsehood is restricted to injury to the plaintiff's commercial persona. In that respect ...
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