Defamatory libel was originally an offence under the

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

of England. It has been established in

England and Wales England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is Eng ...

and

Northern Ireland Northern Ireland ( ga, Tuaisceart Éireann ; sco, label= Ulster-Scots, Norlin Airlann) is a part of the United Kingdom, situated in the north-east of the island of Ireland, that is variously described as a country, province or region. Nort ...

. It was or is a form of

criminal libel Criminal libel is a legal term, of English origin, which may be used with one of two distinct meanings, in those common law jurisdictions where it is still used. It is an alternative name for the common law offence which is also known (in order ...

, a term with which it is synonymous.

England, Wales and Northern Ireland

The

common law offence Common law offences are crimes under English criminal law, the related criminal law of some Commonwealth countries, and under some U.S. State laws. They are offences under the common law, developed entirely by the law courts, having no specific ...

of defamatory libel was abolished for England and Wales and Northern Ireland on 12 January 2010. Section 4 of the

Libel Act 1843 The Libel Act 1843, commonly known as Lord Campbell's Libel Act, was an Act of the Parliament of the United Kingdom. It enacted several important codifications of and modifications to the common law tort of libel. This Act was repealed for the ...

which created an aggravated statutory offence was also repealed.

History

See the following cases: *''De Libellis Famosis'' (1606) 5 Co Rep 125a, (1606) 77 ER 250 *''Summer v Hillard'' (1665) 1 Sid 270, (1665) 82 ER 1099 *''R v Penny'' (1687) 1 Ld Raym 153, 91 ER 999 *''R v Burdett'' (1820) 4 B & Ald 95, (1820) 106 ER 873 *''R v Brigstock'' (1833) 6 Car & P 184, (1833) 172 ER 1199 *''R v Carden'' (1879) 5 QBD 1 *''Vizetelly v Mudie's Select Library Ltd''

900 __NOTOC__ Year 900 ( CM) was a leap year starting on Tuesday (link will display the full calendar) of the Julian calendar. Events By place Abbasid Caliphate * Spring – Forces under the Transoxianian emir Isma'il ibn Ahmad are v ...

2 QB 170, 16 TLR 352, CA *''R v Wicks'' (1936) 25 Cr App R 168 *''Goldsmith v Pressdram Ltd''

977 Year 977 ( CMLXXVII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * May – Boris II, dethroned emperor (''tsar'') of Bulgaria, and his brother Roman ma ...

QB 83 *''Gleaves v Deakin''

980 Year 980 ( CMLXXX) was a leap year starting on Thursday (link will display the full calendar) of the Julian calendar. Events By place Europe * Peace is concluded between Emperor Otto II (the Red) and King Lothair III (or Lothair IV) a ...

AC 477,

979 Year 979 ( CMLXXIX) was a common year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * March 24 – Second Battle of Pankaleia: An Ibero-Byzantine expeditionary ...

2 WLR 665,

2 All ER 497, 69 Cr App R 59,

Crim LR 458, HL *''Desmond v Thorne''

983 Year 983 ( CMLXXXIII) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Diet of Verona: Emperor Otto II (the Red) declares war against the Byza ...

1 WLR 163,

982 Year 982 ( CMLXXXII) was a common year starting on Sunday (link will display the full calendar) of the Julian calendar. Events By place Europe * Summer – Emperor Otto II (the Red) assembles an imperial expeditionary force at Tara ...

3 All ER 268, QBD

Jurisdiction

This originally vested in the

Court of Star Chamber The Star Chamber (Latin: ''Camera stellata'') was an English court that sat at the royal Palace of Westminster, from the late to the mid-17th century (c. 1641), and was composed of Privy Counsellors and common-law judges, to supplement the judic ...

. When that court was abolished, it was transferred to the

Court of King's Bench The King's Bench (), or, during the reign of a female monarch, the Queen's Bench ('), refers to several contemporary and historical courts in some Commonwealth jurisdictions. * Court of King's Bench (England), a historic court court of common ...

Publication in a permanent form

See section 4(1) of the

Theatres Act 1968 The Theatres Act 1968 abolished censorship of the stage in the United Kingdom, receiving royal assent on 26 July 1968, after passing both Houses of Parliament.Broadcasting Act 1990 The Broadcasting Act 1990 is a law of the British parliament, initiated in part due to a 1989 European Council Directive (89/552), also known as the Television Without Frontiers directive. The aim of the Act was to liberalise and deregulate the B ...

Restriction on institution of proceedings

See section 8 of the

Law of Libel Amendment Act 1888 The Law of Libel Amendment Act 1888 (51 & 52 Vict. c.64) was an act passed by the Parliament of the United Kingdom, clarifying and "amplifying" the defence of qualified privilege (and potentially a degree of absolute privilege, though this was no ...

(replacing section 3 of the

Newspaper Libel and Registration Act 1881 The Newspaper Libel and Registration Act 1881 (44 & 45 Vict. c.60) was an act passed by the Parliament of the United Kingdom. Introduced as a Private Member's Bill, it reduced the legislative burden on newspaper proprietors with regard to the of ...

) and section 8 of the

Theatres Act 1968 The Theatres Act 1968 abolished censorship of the stage in the United Kingdom, receiving royal assent on 26 July 1968, after passing both Houses of Parliament.Libel Act 1843 The Libel Act 1843, commonly known as Lord Campbell's Libel Act, was an Act of the Parliament of the United Kingdom. It enacted several important codifications of and modifications to the common law tort of libel. This Act was repealed for the ...

and sections 3 and 4 of the

Functions of judge and jury

See the

Libel Act 1792 The Libel Act 1792This short title was conferred by the Short Titles Act 1896, section 1 and the first schedule (32 Geo. III c. 60) (also known as Fox's Act) was an Act of the Parliament of Great Britain. At the urging of the Whig politician Cha ...

Committal proceedings – Power of magistrates to dismiss charge

See section 4 of the

Power of magistrates to try newspaper libel summarily with the consent of the accused

See section 5 of the

. That section was repealed by sections 17 and 65(5) of, and Schedule 13 to, the

Criminal Law Act 1977 The Criminal Law Act 1977 (c.45) is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It creates the offence of conspiracy in English law. It also created offences concerned with criminal trespass in p ...

Sentence

See sections 4 and 5 of the

Reform

In 1985, the Law Commission recommended that the offence of defamatory libel should be abolished and replaced with a new statutory offence of "criminal defamation".The Law Commission, Criminal Libel, Working Paper No 84, 15 January 1982 The recommendation that a new statutory offence be created has not been implemented.

References

External links

{{History of English criminal law Defamation