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Criminal libel

From Wikipedia, the free encyclopedia
Legal term in English common law

Criminal libel is a legal term, ofEnglish origin, which may be used with one of two distinct meanings, in thosecommon law jurisdictions where it is still used.

It is an alternative name for thecommon law offence which is also known (in order to distinguish it from other offences of libel) as "defamatory libel"[1] or, occasionally, as "criminal defamatory libel".[2][3]

It is also used as a collective term for all offences which consist of the publication of some prohibited matter in alibel (in permanent form), namelydefamatory libel,seditious libel,blasphemous libel andobscene libel.[4][5]

The common law offences of seditious libel, defamatory libel, and obscene libel were abolished inEngland and Wales andNorthern Ireland on 12 January 2010 when section 73 of theCoroners and Justice Act 2009 came into force,[6] blasphemous libel having already been abolished in England and Wales on 8 July 2008 by theCriminal Justice and Immigration Act 2008. TheRacial and Religious Hatred Act 2006 created instead the offence of inciting hatred against a person on the grounds of their race or religion.

Samoa's Crimes Act 2013 dropped reference to criminal libel, which had been on the statute books as part of the Crimes Act 1961.[7][8]

References

[edit]
  1. ^Halsbury's Laws of England, 2006 Reissue
  2. ^"Criminal defamatory libel" is the name it is given byCard, Cross and Jones: Criminal Law, 12th ed, paragraph 8.4 at p 107.
  3. ^Brian A. Dasinge.[1]Archived 27 February 2014 at theWayback Machine. Brian A. Dasinger, P.C.; 2014 [cited 27 February 2014]
  4. ^The Law Commission, Criminal Libel, Working Paper No 84, 15 January 1982, paragraph 1.2
  5. ^Halsbury's Laws of England, 2006 Reissue
  6. ^"Coroners and Justice Act 2009". Government of the United Kingdom. Retrieved28 February 2014.
  7. ^"Govt. instructs AG on Media Council".Samoa Observer. 7 July 2013. Archived fromthe original on 10 July 2018. Retrieved27 January 2016.
  8. ^Crimes Act 2013[permanent dead link]
Part of thecommon law series
Classes of crimes
Scales of justice
Inchoate offences
Defences
Offences against the person or state
Sexual offences
Criminal libel and kindred offences
Offences against property
Forgery, personation and cheating
Offences against justice
Death against family honour
Criminal behaviour


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