LIBEL

In the Spiritual Courts, the original declaration in a civil action is so termed. See Law^, Ecclesiastical. Libel, in Law, signifies almost any malicious publication by writing or printing, or by signs, pictures, . Whatever tends to render a man odious or ridiculous, or to lower him in the esteern and opinion of the world, is a libel; and may either be made the subject of a civil action for compensation in damages to the individual injured, or, as having a tendency to excite his wrath, and provoke a breach of the peace, may be proceeded against by indictment or criminal information. Where it is sought to make a party responsible in damages for a libellous publication, he may set up the truth of it as an answer to the complaint; for the plaintiff, if really guilty of the misconduct or other thing imputed to him, is not considered to sufl'er by its disclosure any private injury which can be a legitimate ground of compensation to him; but, when the proceeding is by criminal prosecution, the truth is no defence whatever, as being altogether immaterial; for the libellous matter may equally provoke a breach of the peace, whether it be true or false. The court, however, will, in general, before granting a rule for a criminal information, which supersedes the usual practice of a presentment by the grand jury, require the prosecutor to deny on affidavit the truth of the matters charged against him. It will be seen, however, that there is not in any case a legal foundation for the maxim vulgarly ascribed to the law, " The greater the truth the greater the libel." All publications are libels, and criminally punishable as such, which have a tendency to disturb the public peace, his majesty's government, the established religion, public morals, or the administration of justice. Before the 32 Geo. 3. c. 60. (Fox's Act), on a criminal trial for libel the jury were not allowed to take the whole question into consideration, and return a general verdict of guilty or not guilty; but could only decide upon the fact of publication, and whether the libel meant that which it was alleged in the indictment to mean; the court alone taking upon itself to determine the criminality or innocence of such meaning. Now, however, in libel, as previously in all other criminal cases, it is competent to the jury to apply their judgment to the whole question, and return a general verdict of guilty or not guilty. Libel is deemed in law a greater offence than slander, inasmuch as written defamation is commonly the result of more deliberate malice than that which is merely spoken, and frequently inflicts more extensive and permanent injury on the object of its attack. Many words, such as " rogue," " swindler," which are not actionable when spoken, are so when written. Libel may almost always be made the subject of an Indictment, although slander seldom can; and, in an action for libel, a verdict for a farthing damages formerly gave the plaintiff his full costs, until the recent Act of Lord Denman; whereas, in slander, if the damages are found under forty shillings, the plaintiff is entitled to no more costs than damages. [s. 672]