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 6-10 of 41
Page 9
... allegations to the police did not involve criminal behaviour, or if allegations of criminality were aired in a letter to a newspaper or in a public forum.28 Similarly, an occasion of qualified privilege would arise if a mother made ...
... allegations to the police did not involve criminal behaviour, or if allegations of criminality were aired in a letter to a newspaper or in a public forum.28 Similarly, an occasion of qualified privilege would arise if a mother made ...
Page 10
... allegations to her friends or acquaintances. There is little indication in early nineteenth-century English case law that qualified privilege could extend to an 'occasion' in which the audience was the public in the country as a whole ...
... allegations to her friends or acquaintances. There is little indication in early nineteenth-century English case law that qualified privilege could extend to an 'occasion' in which the audience was the public in the country as a whole ...
Page 12
... allegations, but of the expression of opinions or value judgements as to the conclusions which might legitimately be ... allegation of fact could well be seen by another as a statement of opinion.36 This difficulty is compounded by the ...
... allegations, but of the expression of opinions or value judgements as to the conclusions which might legitimately be ... allegation of fact could well be seen by another as a statement of opinion.36 This difficulty is compounded by the ...
Page 13
... allegations which can be proven by the defendant to be (substantially) true, or which—if they are not so proven—can be shown to have been made on an occasion attracting the defences of absolute or qualified privilege. The comment ...
... allegations which can be proven by the defendant to be (substantially) true, or which—if they are not so proven—can be shown to have been made on an occasion attracting the defences of absolute or qualified privilege. The comment ...
Page 14
... allegations and convinced the jury that publication was for the public benefit.41 Publication of a known falsehood carried a gaol term of up to two years. A one-year sentence could be imposed on defendants who did not know the allegation ...
... allegations and convinced the jury that publication was for the public benefit.41 Publication of a known falsehood carried a gaol term of up to two years. A one-year sentence could be imposed on defendants who did not know the allegation ...
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