Libel - Definition - Law Dictionary Home Dictionary Definition libel

Definition :

Libel [fr. libellus, Lat.; libelle, Fr.]. False defamatory words, if written and published, constitute a libel: Odgers on libel, p. 1. 'Everything printed or written, which reflects on the character of another, and is published without lawful justification or excuse, is a libel whatever the intention may have been', O'Brien v. Clement, (1846) 15 M & W 435, per Parke, B. A statement in a talking film is a libel and not merely a slander, Yossopoff v. Metro-Goldwyn-Mayer Picture Corporation, 78 Sol Jo 617. As to publication by dictation, etc., to a typist, see Osborn v. Boulter & Son, (1930) 2 KB 226. All contumelious matter that tends to degrade a man in the opinion of his neighbours, or to make him ridiculous, will amount (when conveyed in writing, or by picture, effigy, or the like, Monson v. Tussauds, Ltd., (1894)1 QB 671, to libel. A writing of fictitious character which incidentally contains the name of a real person may be a libel: see Jones v. Hulton & Co., 1910 AC 20, where Lord Loreburn said (p. 23): 'Libel is a tort which consists in using language which others knowing the circumstances would reasonably think to be defamatory of the person complaining of any injured by it.' The term also legally includes such writings as are of a blasphemous, treasonable, seditious, or immoral kind. As to the averment in an indictment for obscene libel, see R. v. Barraclough, (1906) 1 KB 201. A libel is a publication of a false and defamatory statement in some permanent form tending to injure the reputation of another person without lawful justification or excuses (Law of Torts).

Both the author and the publisher of a libel are liable to be either sued or indicted by the party libelled; but it is a defence in either case that the matter complained of was written or printed on what is called a privileged occasion--either (a) absolute privilege, statements in judicial proceedings, in Parliament, or by Ministers of the Crown in advising their sovereign, Dawkins v. Lord Rokeby, (1873) LR 8 QB 255; but a report not judicially determining a right or the guilt or innocence of any one is not absolutely privileged (O'Connor v. Waldron, 78 Sol. Jo. 859); or (b) qualified privilege, i.e., upon an occasion which justified the writing or printing of it; e.g., that the defendant was giving a character of a servant, or commenting upon a matter of general interest to the public. No privilege, however, attaches to information supplied by a trade protection society to its customers for the purposes of profit and not from sense of duty if such information is injurious to the character of another. The mere fact of a contract to supply information does not create such a duty or common interest that communications made in fulfilment of the contractual obligations are privileged. The underlying principle is the common convenience and welfare of society, and not the convenience of individuals, see Macintosh v. Dunn, 1908 AC 390. The (English) Libel Law Amendment Act,1888 (51 & 52 Vict. c. 64), gives 'privilege' to fair and accurate newspaper reports of proceedings of a Court, or public meeting, Standen v. South Essex Recorders Ltd., (1934) 50 TLR 365 (comments in newspaper on proceedings at local authority meeting).

Proof of malice or spite will rebut a defence of privileged occasion, but neither want of truth nor malice are relevant to the defence of absolute privilege.

Threatening to publish a libel with the intent to extort anything valuable, etc., is punishable as a misdemeanour [(English) Larceny Act, 1916 (6 & 7 Geo. 5, c. 50), s. 31]; and see BLACKMAIL.

It is a good defence to an action of libel, that the libel was true; see M'pherson v.Daniels, (1829) 10 B&C 272. A defence that the plaintiff assented to a publication which was made may also be good--on the principle volenti non fit injuria [Chapman v. Lord Ellesmere, (1932) 2 KB 431]. As to the discretion of the judge in awarding or withholding costs upon a verdict for nominal damages, see Martin v. Benson, (1927) 1 KB 771. But to be a defence to an indictment, a plea justifying on the ground of the truth of the libel must further allege that its publication was for the public good [(English) Libel Act, 1843 (6 & 7 Vict. c. 96), s. 6]; but if the libel is blasphemous or seditious, no evidence of its truth will be received, R. v. M'Hugh, (1901) 2 Ir R 569. It is also by s. 6 a misdemeanour to maliciously publish any defamatory libel, see R. v. Munslow, (1895) 1 QB 758. As to newspaper libels, see NEWSPAPERS; and for the law of the subject generally, consult Odgers or Fraser on Libel; also Addison on Torts, and Clerk and Lindsell on Torts. See FAIR COMMENT; JUSTIFICATION; PUBLICATION; and SLANDER.

As to trade libels, it has been held by the House of Lords in White v. Mellin, 1895, AC 154, that an action will not lie for a false statement disparaging a trader's goods where no special damage is proved. Nor will any injunction be granted to restrain a trade libel without proof of special damage (ibid).

In the Spiritual Court a libel means the Articles drawn out in a formal allegation setting forth the complainant's ground of complaint, 3 Bl. Com. 100.

In Scots law it is the form of the complaint or ground of the charge, on which either a civil action or criminal prosecution takes place, Bell's Scots Law Dict