Political libel

The criminal statutes protecting nobility from criticism in 16th and 17th century England eventually evolved into various categories of political libel (see slander and libel for the modern incarnation of this law). Cases of political libel and eventually damages actions were handled by the infamous Star Chamber until its abolition in 1641. By the end of that century, many elements of the common law of libel had been established.

Modern slander and libel law evolved since then to mostly eradicate the use of libel laws to intimidate active political participants during a public debate. Accordingly this is now a matter of historical interest only in all jurisdictions other than Canada, where use of the law by government, political and religious groups is common, and often used against defendants outside Canada.

In most developed countries, a combination of discouragement to vexatious litigation, general recognition of chilling effects, and sometimes formal definition of a strategic lawsuit against public participation, serve to limit politically motivated libel suits. Many lawyers advise strongly against filing any suit against critics with political motivations. The McLibel case is usually cited as libel law backfiring.

Many jurisdictions established such difficult tests for application of libel law to political statements, even exempting specific types or processes of criticism, that any specifically or overtly political comment has been effectively exempted from tort law:

However, the direction of Canadian libel law has markedly differed from that in other English speaking countries. While Canadian lawyers, like those in other countries, advise strongly and publicly against legal intimidation of political critics, the Law of Defamation in Canada notes that the common law of defamation has been described by scholars and judges as “artificial and archaic” and characterized by “absurdities”, “irrationality”, and “minute and barren distinctions” (p. 1-3). Dan Burnett argued that "other 'free and democratic societies' have concluded that the traditional common law requires reform" to avoid infringing free expression and political freedom, but Canada has not. It also inhibits online journalism. Burnett says "Internet publication by media outlets opens the door wide to forum shopping, raising concerns that Canada will become a haven for libel plaintiffs who likely would not succeed in their more natural forum." Several online journalism forums in Canada have closed or restricted access drastically due to the exposure to nuisance or vexatious litigation.

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Wikipedia