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Modern libel and slander laws in many countries are originally descended from English defamation law.The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the Statute of Gloucester in the reign of Edward I (1272–1307). [1]
Some states codify what constitutes slander and libel together into the same set of laws. Some states have criminal libel laws on the books, though these are old laws which are very infrequently prosecuted. Washington State has held its criminal libel statute unconstitutional applying the state and federal constitutions to the question. [16]
In the English-speaking world, the law of defamation traditionally distinguishes between libel (written, printed, posted online, published in mass media) and slander (oral speech). It is treated as a civil wrong ( tort , delict ), as a criminal offence , or both.
The common law defence of fair comment is abolished; as such, section 6 of the Defamation Act 1952 (fair comment) is repealed. The common law defence known as the Reynolds defence is abolished. Section 8 of the Rehabilitation of Offenders Act 1974 (defamation actions) is amended. The Slander of Women Act 1891 is repealed.
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 to distinguish it from other offences of libel) as "defamatory libel" [1] or, occasionally, as "criminal defamatory libel".
First, false statements of fact can lead to civil liability if they are "said with a sufficiently culpable mental state". [8] This possibly includes conscious lies about military service. [9] The second category is a subset of the first: knowingly false statements (deliberate lies). [8] This includes things like libel and slander.
According to the review of the third edition of this book in volume 16 of Law Quarterly Review, published in 1900, the Daily News called it "the best modern book on the law of libel", the Law Times called it "the most scientific of all our law books" and said that "in its new dress" it was "secure of an appreciative professional welcome", and ...
The Libel Act 1843, commonly known as Lord Campbell's Libel Act, [4] 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 Republic of Ireland by section 4 of, [5] and Part 2 of Schedule 1 to, [6] the Defamation Act, 1961.