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 39
Page 1
... trial began when The Guardian fortuitously (and—at least to Aitken—wholly unexpectedly) uncovered proof that Aitken was prepared to give perjured evidence in court, and had persuaded his co-plaintiff and his daughter to corroborate his ...
... trial began when The Guardian fortuitously (and—at least to Aitken—wholly unexpectedly) uncovered proof that Aitken was prepared to give perjured evidence in court, and had persuaded his co-plaintiff and his daughter to corroborate his ...
Page 6
... trial which contained apparently defamatory allegations. His counsel argued that there was no case to answer, on the basis that: the publisher of a newspaper had a right to publish a fair account of all public transactions which ...
... trial which contained apparently defamatory allegations. His counsel argued that there was no case to answer, on the basis that: the publisher of a newspaper had a right to publish a fair account of all public transactions which ...
Page 10
... trial attracted qualified privilege. The previous rule in Curry that such publications were not libellous had rather mysteriously disappeared, and no pertinent authority was cited for the new rule. That this rule is much less to the ...
... trial attracted qualified privilege. The previous rule in Curry that such publications were not libellous had rather mysteriously disappeared, and no pertinent authority was cited for the new rule. That this rule is much less to the ...
Page 13
... trial jury considerable discretion in assessing the quantum of such awards. Quantifiable pecuniary loss could also be recovered as part of general damages. The compensation award could also be increased by aggravated damages, payable ...
... trial jury considerable discretion in assessing the quantum of such awards. Quantifiable pecuniary loss could also be recovered as part of general damages. The compensation award could also be increased by aggravated damages, payable ...
Page 20
... trial, Daniel's counsel argued that the letters attracted qualified privilege, on the basis that: as Mr Duncombe was a candidate for the representation of the borough of Finsbury, and Mr Daniel was an elector, the defendant was ...
... trial, Daniel's counsel argued that the letters attracted qualified privilege, on the basis that: as Mr Duncombe was a candidate for the representation of the borough of Finsbury, and Mr Daniel was an elector, the defendant was ...
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