英文法律词典 L-33

LIBEL, libellus, criminal law. A malicious¹ defamation² expressed either in printing or writing, or by signs or pictures, tending to blacken the memory of one who is dead, with intent to provoke the living; or the reputation of one who is alive, and to expose him to public hatred³, contempt, or ridicule⁴. Hawk⁵. b. 1, c. 73, s. 1; Wood's Inst, 444; 4 Bl. Com. 150; 2 Chitty, Cr. Law, 867; Holt on Lib. 73; 5 Co. 125; Salk. 418; Ld. Rgym. 416; 4. T. R. 126; 4 Mass. R. 168; 9 John. 214; 1 Den⁶. Rep. 347; 2 Pick. R. 115; 2 Kent, Com. 13. It has been defined perhaps with more precision to be a censorious or ridiculous writing, picture or sign made with a malicious or mischievous⁷ intent, towards government magistrates⁸ or individuals. 3 John. Cas. 354; 9 John. R. 215; 5 Binn. 340.

2. In briefly⁹ considering this offence, we will inquire, 1st. By what mode of expression a libel may be conveyed. 2d. Of what kind of defamation it must consist. 3d. How plainly it must be expressed. 4th. What mode of publication is essential.

3. - 1. The reduction of the slanderous¹¹ matter to writing, or printing, is the most usual mode of conveying it. The exhibition of a picture, intimating that which in print would be libelous¹², is equally criminal. 2 Camp. 512; 5 Co. 125; 2 Serg. & Rawle 91. Fixing a gallows¹³ at a man's door, burning him in effigy¹⁴, or exhibiting him in any ignominious¹⁵ manner, is a libel. Hawk. b. 1, c. 73, s. 2,; 11 East, R. 227.

4. - 2. There is perhaps no branch of the law which is so difficult to reduce to exact, principles, or to compress within a small compass, as the requisites¹⁶ of a libel. All publications denying the Christian¹⁷ religion to be true; 11 Serg. & Rawle, 394; Holt on Libels, 74; 8 Johns. R. 290; Vent¹⁸. 293; Keb. 607; all writings subversive¹⁹ of morality and tending to inflame²⁰ the passions by indecent language, are indictable at common law. 2 Str. 790; Holt on Libels, 82; 4 Burr. 2527. In order to constitute a libel, it is not necessary that anything criminal should be imputed²¹ to the party injured; it is enough if the writer has exhibited him in a ludicrous point of view; has pointed²² him out as an object of ridicule or disgust; has, in short, done that which has a natural tendency to excite him to revenge. 2 Wils. 403; Bacon's Abr. Libel, A 2; 4 Taunt²³. 355; 3 Camp. 214; Hardw. 470; 5 Binn. 349. The case of Villars v. Monsley, 2 Wils. 403, above cited, was grounded upon the following verses, which were held to be libelous, namely:

"Old-Villers, so strong of brimstone you smell,
As if not long since you had got out of hell,
But this damnable smell I no longer can bear,
Therefore I desire you would come no more here;
You, old stinking²⁴; old nasty, old itchy, old toad,
If you come any more you shall pay for your board,
You'll therefore take this as a warning from me,
And never enter the doors, while they belong to J. P.
Wilncot, December 4, 1767."

5. Libels against the memory of the dead which have a tendency to create a breach²⁵ of the peace by inciting²⁶ the friends and relatives of the deceased to avenge²⁷ the insult of the fanlily, render their authors liable to legal animadversion. 5 co. 123; 5 Binn. 281; 2 Chit. Cr. Law, 868; 4 T. R. 186.

6. - 3. If the matter be understood as scandalous, and is calculated to excite ridicule or abhorrence²⁸ against the party intended, it is libelous, however it may be expressed. 5 East, 463; 1 Price, 11, 17; Hob. 215; Chit. Cr. Law, 868; 2 Campb. 512.

7. - 4. The malicious reading of a libel to one or more persons, it being on the shelves in a bookstore, as other books, for sale; and where the defendant²⁹ directed the libel to be printed, took away some and left others; these several acts have been held to be publications. The sale of each copy; where several copies have been sold, is a distinct publication, and a fresh offence. The publication must be malicious; evidence of the malice³⁰ may be either express or implied. Express proof is not necessary: for where a man publishes a writing which on the face of it is libelous, the law presumes he does so from that malicious intention which constitutes the offence, and it is unnecessary, on the part of the prosecution³¹, to prove any circumstance from which malice may be inferred. But no allegation, however false and malicious, contained in answers to interrogatories, in affidavits³² duly made, or any other proceedings³³, in courts of justice, or petitions to the legislature, are indictable. 4 Co. 14; 2 Burr. 807; Hawk. B. 1, c. 73, s. 8; 1 Saund. 131, n. 1; 1 Lev. 240; 2 Chitty's Cr. Law, 869; 2 Serg. & Rawle, 23. It is no defence that the matter published is part of a document printed by order of the house of commons. 9 A. &E. 1.

8. The publisher of a libel is liable to be punished criminally by indictment³⁴; 2 Chitty's Cr. Law, 875; or is subject to an action on the case by the party grieved. Both remedies may be pursued at the same time. Vide) generally, Holt on Libels; Starkie on Slander¹⁰; 1 Harr. Dig. Case, I.; Chit. Cr. L. Index, h. t.; Chit. Pr. Index, h. t.