Defamatory libel

Defamatory libel was originally an offence under the common law of England. It has been established in England and Wales and Northern Ireland. It was or is a form of criminal libel, a term with which it is synonymous.

The common law offence of defamatory libel was abolished for England and Wales and Northern Ireland on 12 January 2010.

Section 4 of the Libel Act 1843 which created an aggravated statutory offence was also repealed.

See the following cases:

Jurisdiction

This originally vested in the Court of Star Chamber. When that court was abolished, it was transferred to the Court of King's 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 Libel and 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 Libel and Registration Act 1881.

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

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