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 54
Page 4
... individuals whose behaviour was being. 8 'Publication' includes the repetition of a libel, not just its original dissemination. See McEwen R. and Lewis P., Gatley on Libel and Slander (6th ed, London, Sweet & Maxwell, 1967) ch.7, and ...
... individuals whose behaviour was being. 8 'Publication' includes the repetition of a libel, not just its original dissemination. See McEwen R. and Lewis P., Gatley on Libel and Slander (6th ed, London, Sweet & Maxwell, 1967) ch.7, and ...
Page 5
... individuals of treason. The Court—in what appears to be a lengthy and verbatim report of the judgments given ... individual concerned, yet it is of vast importance to the public that the proceedings of courts of justice should be ...
... individuals of treason. The Court—in what appears to be a lengthy and verbatim report of the judgments given ... individual concerned, yet it is of vast importance to the public that the proceedings of courts of justice should be ...
Page 6
... individuals who published such accounts were performing a vital public service which merited extensive protection at common law. Put in more grandiloquent terms, the principle suggests the common law assumed that one important facet of ...
... individuals who published such accounts were performing a vital public service which merited extensive protection at common law. Put in more grandiloquent terms, the principle suggests the common law assumed that one important facet of ...
Page 8
... individuals be falsely defamed than that potentially true allegations be withheld. Qualified Privilege The more wide-ranging but less effective of the two defences is qualified privilege. This is primarily a common law principle ...
... individuals be falsely defamed than that potentially true allegations be withheld. Qualified Privilege The more wide-ranging but less effective of the two defences is qualified privilege. This is primarily a common law principle ...
Page 9
... individuals that had no bearing on the employee's work performance. Nor would such an occasion arise if either employer communicated information about the employee's professional suitability to unconnected third parties, or to the ...
... individuals that had no bearing on the employee's work performance. Nor would such an occasion arise if either employer communicated information about the employee's professional suitability to unconnected third parties, or to the ...
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