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Seditious libel is a criminal offence under English common law. Sedition is the offence of speaking seditious words with seditious intent: if the statement is in writing or some other permanent form it is seditious libel. A statement is seditious if it "brings into hatred or contempt" the Queen or her heirs, or the government and constitution, or either House of Parliament, or the administration of justice, or if it incites people to attempt to change any matter of Church or State established by law (except by lawful means), or if it promotes discontent among or hostility between British subjects. A person is only guilty of the offence if they intend any of the above outcomes. Proving that the statement is true is not a defence. It is punishable with life imprisonment.
The American scholar, Leonard W. Levy, argues that seditious libel "has always been an accordion-like concept, expandable or contractable at the whim of judges."1
History
The crime of seditious libel was defined and established in England during the 1606 case "De Libellis Famosis" by the Star Chamber[1]. The case defined seditious libel as criticism of public persons, the government, or King.
The phrase "seditious libel" and "blasphemous libel" were used interchangeably at that time, because of the strong connections between church and state. However, blasphemy is now a separate offence.
The United States of America's Alien and Sedition Acts of 1798 broke with the common law precedent of the time, in that it allowed for truth as a defence, though judges were not consistent in their rulings.
John Peter Zenger was arrested and imprisoned for seditious libel in 1734 after his newspaper criticized the colonial governor of New York. Zenger spent nearly 10 months in jail before being acquitted by a jury in August 1735.2 One hundred years later, Nova Scotia's Joseph Howe also won a jury acquittal on a charge of seditious libel after his newspaper printed allegations that local politicians and police were stealing from the people.3
See also
References
- Link to the The American Bar Association, which references the 1606 case "De Libellis Famosis"
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- This page was last modified on 22 October 2008, at 22:25.
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