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 10
... reasoning entirely clear, but it suggests that the libel was not protected because it was extracted from a preliminary hearing, an 'occasion' which did not raise any reciprocal right/duty in the dissemination of defamatory information ...
... reasoning entirely clear, but it suggests that the libel was not protected because it was extracted from a preliminary hearing, an 'occasion' which did not raise any reciprocal right/duty in the dissemination of defamatory information ...
Page 22
... reasoning is that the common law may have recognised that some privilege, be it absolute or qualified, should attach to the wide publication of parliamentary reports if they addressed political issues, but not if they discussed matters ...
... reasoning is that the common law may have recognised that some privilege, be it absolute or qualified, should attach to the wide publication of parliamentary reports if they addressed political issues, but not if they discussed matters ...
Page 23
... reasoning. Is it conceivable that these two judges meant the same thing by 'not actionable' and 'privileged'? If so, they had engaged in a very lax use of language. While de facto absolute privilege renders a libel non-actionable ...
... reasoning. Is it conceivable that these two judges meant the same thing by 'not actionable' and 'privileged'? If so, they had engaged in a very lax use of language. While de facto absolute privilege renders a libel non-actionable ...
Page 25
... reasoning hinted at a middle way between these two extremes, which would accommodate information whose substance had a public interest dimension. Campbell did not concern the activities of an elected politician, nor was the issue in ...
... reasoning hinted at a middle way between these two extremes, which would accommodate information whose substance had a public interest dimension. Campbell did not concern the activities of an elected politician, nor was the issue in ...
Page 26
... reasoning. A careful reading of the various judgments offered in Campbell thus suggests that Cockburn CJ was moving towards a rather more perceptive understanding of the way in which the common law should respond to changes in the ...
... reasoning. A careful reading of the various judgments offered in Campbell thus suggests that Cockburn CJ was moving towards a rather more perceptive understanding of the way in which the common law should respond to changes in 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