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 Mudies Select Library Ltd [1900] 2 QB 170, 16 TLR 352, CA R v Wicks (1936) 25 Cr App R 168 Goldsmith v Pressdram Ltd [1977] QB 83 Gleaves v Deakin [1980] AC 477, [1979] 2 WLR 665, [1979] 2 All ER 497, 69 Cr App R 59, [1979] Crim LR 458, HL Desmond v Thorne [1983] 1 WLR 163, [1982] 3 All ER 268, QBD Jurisdiction This originally vested in the Court of Star Chamber. When that court was abolished, it was transferred to the Court of Kings Bench. Publication in a permanent form See section 4(1) of the Theatres Act 1968 and section 166(1) of the Broadcasting Act 1990. Restriction on institution of proceedings See section 8 of the Law of Libel Amendment Act 1888 (replacing section 3 of the Newspaper and Libel Registration Act 1881) and section 8 of the Theatres Act 1968. Defences See sections 6 and 7 of the Libel Act 1843 and sections 3 and 4 of the Law of Libel Amendment Act 1888. Functions of judge and jury See the Libel Act 1792. Committal proceedings - Power of magistrates to dismiss charge See section 4 of the Newspaper and Libel Registration Act 1881. Power of magistrates to try newspaper libel summarily with the consent of the accused See section 5 of the Newspaper Libel and Registration Act 1881. That section was repealed by sections 17 and 65(5) of, and Schedule 13 to, the Criminal Law Act 1977. Sentence See sections 4 and 5 of the Libel Act 1843 Proposal to amend the law 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.[3] The recommendation that a new statutory offence be created has not been implemented.
Posted on: Mon, 10 Mar 2014 04:43:40 +0000
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