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 66
Page xvii
... ...........................................................................26, 29, 52 Rules of the Supreme Court Order 59, r 11(4).....................................................................................125 United ...
... ...........................................................................26, 29, 52 Rules of the Supreme Court Order 59, r 11(4).....................................................................................125 United ...
Page 4
... rule was subjected to constant criticism by Whigs and political radicals in the late eighteenth century, with the eventual result that the Libel Act 1792 gave the jury the responsibility of deciding whether or not a given publication ...
... rule was subjected to constant criticism by Whigs and political radicals in the late eighteenth century, with the eventual result that the Libel Act 1792 gave the jury the responsibility of deciding whether or not a given publication ...
Page 5
... rule. Both of these shortcomings were addressed three years later in R v. Wright.14 The alleged libel in Wright was contained in a book published by Wright which reproduced verbatim a passage in a House of Commons' committee report ...
... rule. Both of these shortcomings were addressed three years later in R v. Wright.14 The alleged libel in Wright was contained in a book published by Wright which reproduced verbatim a passage in a House of Commons' committee report ...
Page 6
... rule of law is that the administration of justice and the conduct of parliamentary proceedings is always a proper subject for public scrutiny, discussion and debate among the population as a whole. In an 1804 case, R. v. Lee,17 the ...
... rule of law is that the administration of justice and the conduct of parliamentary proceedings is always a proper subject for public scrutiny, discussion and debate among the population as a whole. In an 1804 case, R. v. Lee,17 the ...
Page 7
... rule did not require that the defendant prove the truth of absolutely every detail of the allegations made, but rather that they were 'substantially true'.19 A defence of justification would (probably) not have failed, for example, if ...
... rule did not require that the defendant prove the truth of absolutely every detail of the allegations made, but rather that they were 'substantially true'.19 A defence of justification would (probably) not have failed, for example, if ...
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 |
Other editions - View all
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