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 vi
... Interest to the Public . . . . . . to Political and Public Figures . . . . . . to Candidates for Office Recklessness—a Subjective or Objective Test? Narrowing the Reach and Effect of the Sullivan Defence Conclusion 6. The Sullivan ...
... Interest to the Public . . . . . . to Political and Public Figures . . . . . . to Candidates for Office Recklessness—a Subjective or Objective Test? Narrowing the Reach and Effect of the Sullivan Defence Conclusion 6. The Sullivan ...
Page 6
... public at large. In effect, these cases suggested that the legitimacy of ... interest. The defendant owned a newspaper which had published an admittedly ... public transactions which occurred and which were matters of public notoriety ...
... public at large. In effect, these cases suggested that the legitimacy of ... interest. The defendant owned a newspaper which had published an admittedly ... public transactions which occurred and which were matters of public notoriety ...
Page 8
... public interest in the dissemination of the libel concerned (or analogous libels) to absolve the publisher from ... interest in receiving it. In effect, the absolute and qualified privilege defences accept that the common law has ...
... public interest in the dissemination of the libel concerned (or analogous libels) to absolve the publisher from ... interest in receiving it. In effect, the absolute and qualified privilege defences accept that the common law has ...
Page 9
... interest in receiving it. However subsequent judgments appeared to read ... public or a section thereof. The limits placed by English courts on the ... public forum.28 Similarly, an occasion of qualified privilege would arise if a mother ...
... interest in receiving it. However subsequent judgments appeared to read ... public or a section thereof. The limits placed by English courts on the ... public forum.28 Similarly, an occasion of qualified privilege would arise if a mother ...
Page 12
... 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 such situations to the public ...
... 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 such situations to the public ...
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