Seditious libel
Encyclopedia
Seditious libel was 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 contractible at the whim of judges."
. 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 unions between church and state. Blasphemy was later made a separate offence, and finally abolished with the passing of the Racial and Religious Hatred Act 2006
. Sedition and seditious libel were abolished by section 73 of the Coroners and Justice Act 2009
. Sedition by an alien
is still an offence under section 3 of the Aliens Restriction (Amendment) Act 1919.
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 defense, 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. 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.
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. Sedition
Sedition
In law, sedition is overt conduct, such as speech and organization, that is deemed by the legal authority to tend toward insurrection against the established order. Sedition often includes subversion of a constitution and incitement of discontent to lawful authority. Sedition may include any...
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
British monarchy
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
or her heirs, or the government and constitution, or either House of Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
, or the administration of justice, or if it incites people to attempt to change any matter of Church
Church of England
The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...
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
Leonard Levy
Leonard W. Levy was the Andrew W. Mellon All-Claremont Professor of Humanities and Chairman of the Graduate Faculty of History at Claremont Graduate School, California. He was born in Toronto, Ontario, Canada, and educated at Columbia University, where his mentor for the Ph.D...
, argues that seditious libel "has always been an accordion-like concept, expandable or contractible at the whim of judges."
History
The crime of seditious libel was defined and established in England during the 1606 case "De Libellis Famosis" by the Star ChamberStar Chamber
The Star Chamber was an English court of law that sat at the royal Palace of Westminster until 1641. It was made up of Privy Counsellors, as well as common-law judges and supplemented the activities of the common-law and equity courts in both civil and criminal matters...
. The case defined seditious libel as criticism of public persons, the government, or King.
The phrase "seditious libel" and "blasphemous libel
Blasphemous libel
Blasphemous libel was originally an offence under the common law of England. It is an offence under the common law of Northern Ireland. It is a statutory offence in Canada and New Zealand...
" were used interchangeably at that time, because of the strong unions between church and state. Blasphemy was later made a separate offence, and finally abolished with the passing of the Racial and Religious Hatred Act 2006
Racial and Religious Hatred Act 2006
The Racial and Religious Hatred Act 2006 is an Act of the Parliament of the United Kingdom which creates an offence in England and Wales of inciting hatred against a person on the grounds of their religion...
. Sedition and seditious libel were abolished by section 73 of the Coroners and Justice Act 2009
Coroners and Justice Act 2009
-External links:*, as amended from the National Archives.*, as originally enacted from the National Archives.* to the Coroners and Justice Act 2009....
. Sedition by an alien
Alien (law)
In law, an alien is a person in a country who is not a citizen of that country.-Categorization:Types of "alien" persons are:*An alien who is legally permitted to remain in a country which is foreign to him or her. On specified terms, this kind of alien may be called a legal alien of that country...
is still an offence under section 3 of the Aliens Restriction (Amendment) Act 1919.
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 defense, though judges were not consistent in their rulings.
John Peter Zenger
John Peter Zenger
John Peter Zenger was a German-American printer, publisher, editor, and journalist in New York City. He was a defendant in a landmark legal case in American jurisprudence that determined that truth was a defense against charges of libel and "laid the foundation for American press freedom."-...
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. One hundred years later, Nova Scotia's
Nova Scotia
Nova Scotia is one of Canada's three Maritime provinces and is the most populous province in Atlantic Canada. The name of the province is Latin for "New Scotland," but "Nova Scotia" is the recognized, English-language name of the province. The provincial capital is Halifax. Nova Scotia is the...
Joseph Howe
Joseph Howe
Joseph Howe, PC was a Nova Scotian journalist, politician, and public servant. He is one of Nova Scotia's greatest and best-loved politicians...
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.