English defamation law
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Modern libel and slander laws, as implemented in many (but not all) Commonwealth nations as well as in the United States and in the Republic of Ireland, are originally descended from English defamation law. The history of defamation law in England is somewhat obscure; civil actions for damages seem to have been relatively frequent as far back as the reign of Edward I (1272–1307), athough it is unknown whether any generally applicable criminal process was in place. The first fully-reported case in which libel is affirmed generally to be punishable at common law was tried during the reign of James I. From that time, we find both the criminal and civil remedies in full operation.
English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual (or individuals) in a manner which causes them loss in their trade or profession, or causes a reasonable person to think worse of him, her or them. Allowable defences are justification (i.e. the truth of the statement), fair comment (i.e. whether the statement was a view that a reasonable person could have held), and privilege (i.e. whether the statements were made in Parliament or in court, or whether they were fair reports of allegations in the public interest). An offer of amends is a barrier to litigation. A defamatory statement is presumed to be false, unless the defendant can prove its truth. Furthermore, to collect compensatory damages, a public official or public figure must prove actual malice (knowing falsity or reckless disregard for the truth). A private individual must only prove negligence (not exercising due care) to collect compensatory damages. In order to collect punitive damages, all individuals must prove actual malice.
Development of English defamation law
Modern libel and slander laws as implemented in many (but not all) Commonwealth nations as well as in the United States and in the Republic of Ireland, are originally descended from English defamation law.
The earlier history of the English law of defamation is somewhat obscure; civil actions for damages seem to have been tolerably frequent so far back as the reign of Edward I (1272–1307). There was no distinction drawn between written and spoken words, and when no pecuniary penalty was involved, such cases fell within the old jurisdiction of the ecclesiastical courts, which were only finally abolished in the eighteenth century. It seems uncertain (to say the least) whether or not any generally applicable criminal process was in place.
The crime of scandalum magnatum (spreading false reports about the magnates of the realm) was established by statutes, but the first fully reported case in which libel is affirmed generally to be punishable at common law is one tried in the Star Chamber in the reign of James I. In that particular case, no English authorities are cited, except for a previous case of the same nature before the same tribunal; the law and terminology appear to be taken directly from Roman sources, with the insertion that libels tended to cause a breach of the peace, and it seems probable that a not-too-scrupulous tribunal had simply found it convenient to adopt the very stringent Roman provisions regarding the libelli famosi without paying any regard to the Roman limitations. From that time, we find both the criminal and civil remedies in full operation.
