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.
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England and Wales and Northern Ireland
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Section 4 of the Libel Act 1843 which created an aggravated statutory offence was also repealed.
History
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 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 That section was repealed by sections 17 and 65(5) of, and Schedule 13 to, the Criminal Law Act 1977.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". The recommendation that a new statutory offence be created has not been implemented.