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Libel Act 1843

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Libel Act 1843[1]
Act of Parliament
Parliament of the United Kingdom
Long titleAn Act to amend the Law respecting defamatory Words and Libel.
Citation6 & 7 Vict.c. 96
Territorial extentEngland and WalesandIreland[2]
Dates
Royal assent24 August 1843
Commencement1 November 1843[3]
Other legislation
Amended byStatute Law Revision Act 1874 (No. 2)
Status: Amended
Text of statute as originally enacted
Text of the Libel Act 1843as in force today (including any amendments) within the United Kingdom, fromlegislation.gov.uk.

TheLibel Act 1843,commonly known asLord Campbell's Libel Act,[4]was anActof theParliament of the United Kingdom.It enacted several important codifications of and modifications to thecommon lawtortoflibel.

This Act was repealed for theRepublic of Irelandby section 4 of,[5]and Part 2 of Schedule 1 to,[6]theDefamation Act, 1961.

Preamble

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The preamble was repealed by theStatute Law Revision Act 1891.

Section 3 - Publishing or threatening to publish a libel, or proposing to abstain from publishing any thing, with intent to extort money, punishable by imprisonment and hard labour

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This section was repealed by the Schedule to theLarceny Act 1916.

Section 4 - Publication of libel known to be false

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This section formerly provided:

If any person shall maliciously publish any defamatory libel, knowing the same to be false, every such person, being convicted thereof, shall be liable to be imprisoned in the common gaol or house of correction for any term not exceeding two years, and to pay such fine as the court shall award.[7]

This section was repealed for England and Wales and Northern Ireland by section 178 of,[8]and Part 2 of Schedule 23,[9]to theCoroners and Justice Act 2009.

This section was replaced for the Republic of Ireland by section 12 of theDefamation Act, 1961.[10]

Alternative verdict

SeeBoaler v R(1888) 21 QBD 284, (1888) 16 Cox 488, (1888) 4 TLR 565

Section 5 - Publication of libel

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This section formerly provided:

If any person shall maliciously publish any defamatory libel, every such person, being convicted thereof, shall be liable to fine or imprisonment or both, as the court may award, such imprisonment not to exceed the term of one year.[11]

This section did not create or define an offence. It provided the penalty for the existingcommon law offenceofdefamatory libel.[12]

This section was repealed for England and Wales and Northern Ireland by section 178 of,[8]and Part 2 of Schedule 23,[9]to theCoroners and Justice Act 2009.The repeal of this section was consequential on the abolition of the common law offence of defamatory libel by section 73(b) of that Act.[13]

This section was replaced for the Republic of Ireland by section 11 of theDefamation Act, 1961.[14]

Section 6 - Defence of truth and public benefit against defamatory libel

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This section allowed the defendant to prove the truth of a libel as a valid defence in criminal proceedings, but only if it also be demonstrated that publication of the libel was to the "Public Benefit".[15]Proving the statement's truth had previously been allowed only in civil libel defences inasmuch as the criminal offence against the public at large was considered to be provoking abreach of peacevia printing malicious statements rather than the defamation per se; the truth or falsity of the statement had therefore been considered irrelevant in criminal proceedings before the Act.

This section was repealed for England and Wales and Northern Ireland by section 178 of,[8]and Part 2 of Schedule 23,[9]to theCoroners and Justice Act 2009.

This section was replaced for the Republic of Ireland by section 6 of theDefamation Act, 1961.[16]

This section did not apply toseditious libel.[17]

Section 7 - Evidence to rebut prima facie case of publication by an agent

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In England and Wales and Northern Ireland, this section now reads:

Whensoever [in Northern Ireland], upon the trial of any indictment or information for the publication of a [blasphemous] libel, under the plea of not guilty, evidence shall have been given which shall establish a presumptive case of publication against the defendant by the act of any other person by his authority, it shall be competent to such defendant to prove that such publication was made without his authority, consent, or knowledge, and that the said publication did not arise from want of due care or caution on his part.

The words in square brackets were inserted by section 177 of, and paragraph 66 of Schedule 21 to, theCoroners and Justice Act 2009.[18]

This section was replaced for the Republic of Ireland by section 7 of theDefamation Act, 1961.[19]

This section, in its original form, applied to a prosecution forblasphemous libel.[20]

Section 8 - Reimbursement of defence expenses upon acquittal

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This section permitted a defendant who had been charged by aprivate prosecutorto recover the costs of his legal defence if foundnot guilty.[21]

This section was repealed by the Schedule to theCosts in Criminal Cases Act 1908.

Oscar Wildewasbankruptedunder this provision when he abandoned his libel prosecution againstLord Queensberryand was ordered to reimburse him for the considerable expenses Queensberry had incurred for legal representation andprivate detectives.

See also

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References

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  1. ^The citation of this Act by thisshort titlewas authorised by theShort Titles Act 1896.
  2. ^See section 10 of the Act andDefamation Act, 1961
  3. ^"Libel Act 1843".
  4. ^Folkard, Henry Coleman (9 May 1908)."The law of slander and libel: including the practice, pleading, and evidence, civil and criminal, with forms and precedents: also contempts of court and the procedure in libel by indictment and criminal information: also an appendix of statutes".London: Butterworth – via Internet Archive.
  5. ^Book (eISB), electronic Irish Statute."electronic Irish Statute Book (eISB)".www.irishstatutebook.ie.
  6. ^Book (eISB), electronic Irish Statute."electronic Irish Statute Book (eISB)".www.irishstatutebook.ie.
  7. ^"Libel Act 1843".legislation.gov.uk.
  8. ^abc"Coroners and Justice Act 2009".
  9. ^abc"Coroners and Justice Act 2009".
  10. ^Book (eISB), electronic Irish Statute."electronic Irish Statute Book (eISB)".www.irishstatutebook.ie.
  11. ^"Libel Act 1843".
  12. ^R v Munslow [1895] 1 QB 758, 18 Cox 112, 72 LT 301,CCR
  13. ^"Coroners and Justice Act 2009".
  14. ^Book (eISB), electronic Irish Statute."electronic Irish Statute Book (eISB)".www.irishstatutebook.ie.
  15. ^Folkard, Henry Coleman (1908).The Law of Slander and Libel.London: Butterworth & Co. pp.480.public benefit.
  16. ^Book (eISB), electronic Irish Statute."electronic Irish Statute Book (eISB)".www.irishstatutebook.ie.
  17. ^R v Duffy (1846) 2 Cox 45, (1846) 7 LT (OS) 546, (1846) 6 St Tr (NS) 303
  18. ^"Coroners and Justice Act 2009".
  19. ^Book (eISB), electronic Irish Statute."electronic Irish Statute Book (eISB)".www.irishstatutebook.ie.
  20. ^R v Bradlaugh (1883) 15 Cox 217
  21. ^Folkard, Henry Coleman (1908).The law of slander and libel.London: Butterworth & Co. pp.461.libel act 1843.
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