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
... Truth (NZ) v. Holloway Conclusion 5. Sullivan v. The New York Times The Appeal to the US Supreme Court The Judgment A Balancing Test, Not an Absolute Principle Conclusion Extending the Doctrine Remedial Considerations From Elected to ...
... Truth (NZ) v. Holloway Conclusion 5. Sullivan v. The New York Times The Appeal to the US Supreme Court The Judgment A Balancing Test, Not an Absolute Principle Conclusion Extending the Doctrine Remedial Considerations From Elected to ...
Page xv
... 1 C M & R 181...............................8, 9, 43, 146, 160 Truth (NZ) Ltd v Holloway [1960] NZLR 69..................61–3, 97, 99, 159, 161 Wakley v Cooke (1849) 4 Exch 511 ..................................................
... 1 C M & R 181...............................8, 9, 43, 146, 160 Truth (NZ) Ltd v Holloway [1960] NZLR 69..................61–3, 97, 99, 159, 161 Wakley v Cooke (1849) 4 Exch 511 ..................................................
Page 6
... Ibid., at 125–6. The 'truth' at issue in the contention relates to the accuracy of the reporting, not to the substance of the allegations reported. 19 Cf. Edwards v. Bell (1824) 1 Bing. 403; Clarke 6 Political Libels.
... Ibid., at 125–6. The 'truth' at issue in the contention relates to the accuracy of the reporting, not to the substance of the allegations reported. 19 Cf. Edwards v. Bell (1824) 1 Bing. 403; Clarke 6 Political Libels.
Page 7
... truth (to the usual civil law standard of the balance of probabilities) of any factual assertions she has made. The rationale for the defence would seem to be a simple one; namely that a plaintiff should not be able to claim a ...
... truth (to the usual civil law standard of the balance of probabilities) of any factual assertions she has made. The rationale for the defence would seem to be a simple one; namely that a plaintiff should not be able to claim a ...
Page 8
... truth in court. In the event that the information was indeed false, the deterrent effect against publication would serve a useful social purpose. However, if the information was true, its suppression would render a disservice to all ...
... truth in court. In the event that the information was indeed false, the deterrent effect against publication would serve a useful social purpose. However, if the information was true, its suppression would render a disservice to all ...
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