Frances Gibb, Legal Editor
Win tickets to the ATP finals
Lord Bach, the Justice Minister, has bowed to the weight of criticism and agreed that the offences of sedition and criminal libel are “outdated” and should be abolished. “Sedition and defamatory libel are arcane offences from a bygone era when freedom of expression wasn’t seen as the right it is today,” he said.
But it was not just a case of removing some redundant offences. The laws may not have been used much lately in Britain, but their significance was the legitimacy they provided to other countries to suppress public criticism.
As Lord Bach acknowledged: “The retention of these obsolete offences has been cited by other countries as justification for the retention of similar laws that have been used to restrict press freedom.”
The laws have been the target of a campaign by a coalition of writers, lawyers, entertainers and politicians, and have drawn criticism from such names as Rowan Atkinson, the actor, and Andrew O’Hagan, the writer, as well as from the groups Index on Censorship, Liberty, English PEN and Article 19.
Strong opposition in Parliament was led by Dr Evan Harris, the Liberal Democrat MP, and by Lord Lester of Herne Hill in the Lords. Both tabled amendments in the Commons and the Lords to the Coroners and Justice Bill.
Lord Bach agreed to accept the amendments in principle and will now bring forward a Government amendment that will achieve the same effect.
The offences date from the time of the Star Chamber and were used in 1792 against Thomas Paine on the ground that the Rights of Man brought into hatred and contempt the present sovereign, Parliament, kingdom, constitution, laws and government.
An act of sedition is one that incites hatred or contempt for the king, government or constitution. It is widely cast: sedition is any act done or word spoken or written and published which has a “seditious tendency” or done, spoken or written and published with a “seditious intent”.
Criminal libel is rare but similarly oppressive. Even though the vast majority of libel actions are brought through the civil courts, crown prosecutors can press charges for criminal libel if it is thought to be in the public interest. The penalty is up to two years in jail and an unlimited fine.
Something is considered defamatory if calculated to expose a person to public hatred, contempt or ridicule and involves publishing something defamatory in writing or any other permanent form.
Peter Hain, the Cabinet minister, narrowly escaped a prosecution for criminal libel 30 years ago. As an anti-apartheid campaigner, he had used a magazine to name Geoffrey Rippon, the last Tory environment secretary, as the third minister in the Norma Levy call girl scandal. The scandal prompted the resignations of Lord Lambton, the then defence minister, and Lord Jellicoe, the then Lord Privy Seal.
Lord Lester told peers there were four prosecutions from 1948 to 1975; five committals for trial between 1970 and 1983; 13 people found guilty or cautioned between 1984 and 1995 and five were found guilty or cautioned between 1996 and 2001. Five libels were reported to the police from 2002 to 2007 and two people were found guilty up to the end of 2006.
Articles from our sister site WSJ.com:
You may be asked to subscribe to read certain articles
Industry sectors news at a glance. Interactive heatmap, video and podcast
Everything the Business Traveller needs to know to make a better trip
Get ready for the winter sports season, with our resort guides and snow reports
We are backing British business, what is the confidence of the nation and what businesses are succeeding?
Growing demand for energy, oil that is harder to reach and the rise of carbon dioxide emissions. We examine the energy challenge
Enjoy further reading from Travel to Fashion, Business to Sport, discover more
Shortcuts to help you find sections and articles
36-month car lease
on contract hire for
£359.99 plus VAT pm
12 months for the price of 11 and a 5% discount.
Offer ends 31/11/09
The UK's leading alternative to showroom finance.
Finance packages tailored to your needs.
Minimum loan of £15,000
Car Insurance
£12,578 per annum
The Independent Housing Ombudsman
London
Competitive
Barclaycard
Not Specified
The Sheppard Trust
London
£80-95,000
Clay McGuire Executive Selection
Moments from Battersea Park.
For sale with Winkworth.
See your free Experian credit report beforehand
Book now & save over £100pp.
11 cool resorts, lowest prices... Early Booking offers 15 Nov.
20% off selected Azores holidays taken in October with Sunvil Discovery
Get covered on your travels with a superb range of policies at great prices. Visit InsureandGo.com
World Class Golf, Spa and preferential Beach Club. Private estate overlooking West Coast
Villas from £275 per night inclusive of Golf
Contact our advertising team for advertising and sponsorship in Times Online, The Times and The Sunday Times, or place your advertisement.
Times Online Services: Dating | Jobs | Property Search | Used Cars | Holidays | Births, Marriages, Deaths | Subscriptions | E-paper
News International associated websites: Globrix Property Search | Milkround
Copyright 2009 Times Newspapers Ltd.
This service is provided on Times Newspapers' standard Terms and Conditions. Please read our Privacy Policy.To inquire about a licence to reproduce material from Times Online, The Times or The Sunday Times, click here.This website is published by a member of the News International Group. News International Limited, 1 Virginia St, London E98 1XY, is the holding company for the News International group and is registered in England No 81701. VAT number GB 243 8054 69.
Your Comments
Order By: