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Topic: Criminal libel


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In the News (Wed 30 Dec 09)

  
  Slander and libel - Wikipedia, the free encyclopedia
Libel is defamation that is published, but can also happen in other forms, such as effigy, a motion picture, or a statue; slander refers to any verbal, unpublished, defamation.
Modern libel and slander laws as implemented in many but not all Commonwealth nations, in the United States, and in the Republic of Ireland, are originally descended from English defamation law.
English law allows actions for libel to be brought in the High Court for any published statements which 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.
en.wikipedia.org /wiki/Slander_and_libel   (4183 words)

  
 Bulbanews:Libel - Bulbanews   (Site not responding. Last check: 2007-10-26)
Libel is one of the key laws that all journalists must be aware of.
Libel is devided into civil libel and criminal libel; since it is most likely that Bulbanews would be sued in America or Australia, this article is a discussion of those two locales and their respective libel law.
Libel is a subcategory of defamation law when it is in civil court; in criminal court, it is simply considered "criminal libel".
bulbanews.bulbagarden.net /wiki/Bulbanews:Libel   (356 words)

  
 CATHOLIC ENCYCLOPEDIA: Libel
A libel may be either a civil injury or a criminal offence.
Libel differs essentially from slander, in that it may be the subject of both criminal and civil litigation, whereas slander is not a criminal offence.
In cases of libels upon the dead, although no private injury in the ordinary sense results to anyone, they are properly the subject of criminal prosecution, as being likely to cause a breach of the peace, on account of the resentment of the surviving relatives.
www.newadvent.org /cathen/09210a.htm   (1374 words)

  
 deseretnews.com | Repeal criminal libel law
Utah's criminal libel law, which was struck down by the Utah Supreme Court five years ago because it was unconstitutional and overly broad, needs to be repealed.
Libel is not the sole domain of traditional media organizations.
In essence, the law said a person is guilty of libel if he "intentionally and with a malicious intent" publishes a statement impugning a person's honesty, integrity, virtue or reputation.
deseretnews.com /dn/view/0,1249,635154840,00.html   (348 words)

  
 Inter American Press Association
The Criminal Code, issued by Decree 100 of 1980, repealed the criminal rules provided in the Press Law, reducing all criminal conduct to libel and slander committed in the practice of journalism.
Such conduct is regulated by articles 313 to 322 of the Criminal Code and legal action may be filed by complaint (or charges to be filed by the offended party because these crimes are not subject to officious action.) Such complaint shall be filed within one year after the illegal action has been committed.
Libel: This crime is defined in Article 314 as falsely accusing an individual of a punishable act, and it is penalized with imprisonment from 1 to 4 years.
www.sipiapa.org /projects/laws-col7.cfm   (563 words)

  
 Inter American Press Association
Defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.
The proprietor of the newspaper is liable for the libel unless he proves that the defamatory matter was published without his knowledge and without negligence on his part.
Given that criminal libel requires knowledge of falsity and an intent to defame, the Court reasoned that speech covered by criminal libel is of minimal value, and therefore the infringement on freedom of expression is justifiable under the Charter.
www.sipiapa.org /projects/laws-can7.cfm   (597 words)

  
 LIBEL AND THE LAW
Criminal libel is a crime and can be prosecuted in the courts like any other crime.
In criminal libel the state 'is the accuser and the punisher.
Seditious libel is rare, but it has occurred in cases when news organizations or individuals have written violent defamations of the government in their opposition to federal laws or the decrees of federal courts.
www.tpub.com /journalist/95.htm   (1483 words)

  
 USCA1 Opinion 02-1669
We hold that the district court was in error as to its standing, ripeness and mootness rulings and that the criminal libel statute is unconstitutional as applicable to statements regarding public officials and public figures.
In all criminal prosecutions for libel, the truth shall constitute a defense and the accused shall be acquitted, provided it is proven that the charge made is true and he had good intention and justifiable ends.
The criminal libel statute makes no mention of any requirement that the prosecution prove a defendant's knowledge of falsity or recklessness with regard to falsity.
www.ca1.uscourts.gov /cgi-bin/getopn.pl?OPINION=02-1669.01A   (8518 words)

  
 DenverPost.com - Case fuels challenge to libel law
Colorado's criminal libel law, enacted in 1883 to lessen the frequency of public duels, was the perfect prosecutorial fit for the high-tech crimes, local officials say.
The challenge of Colorado's criminal libel law stems from a 2003 case involving a University of Northern Colorado student.
Criminal libel prosecutions are rare in Colorado, according to the state's Judicial Department.
www.denverpost.com /ci_3747457?source=rss   (586 words)

  
 [No title]
Criminal libel is a Class 6 felony, punishable by one year to 18 months in prison under normal circumstances.
Charges beside libel include: five counts of forgery of a government issued document, four counts of possession of a forged instrument, eight counts of criminal impersonation and two counts of stalking.
The poster, which pictured and named the libel victim, stated that the victim was wanted for "fraud, conspiracy to commit fraud, various flimflam schemes, spouse abuse, child abuse-neglect, sex abuse, abuse of the elderly, prostitution, assault, larceny, theft of services, wage chiseling and breach of contract," according to state case law filings.
www.durangoherald.com /news/04/news040516_1.htm   (1120 words)

  
 AEJMC Archives -- November 2004, week 3 (#3)
Criminal Libel in America Americans once considered criminal prosecution of libels necessary to prevent duels and other breaches of the peace.[8] By the late 20th century, however, criminal libel had been virtually eradicated.
Early Criminal Libel Statutes The "ignominious history"[13] of criminal libel is "notoriously intertwined with the history of governmental attempts to suppress criticism."[14] Under the Babylonian Code of Hammurabi, the oldest known written legal code, a man could be punished for "point[ing] a finger at a priestess.
Criminal libel in the Territory was punishable by a fine of up to $1,000 and a term in the county jail of up to one year.
list.msu.edu /cgi-bin/wa?A2=ind0411c&L=aejmc&F=&S=&P=356   (7730 words)

  
 Legal Watch: Puerto Rico's criminal libel law declared unconstitutional (February 14, 2003)   (Site not responding. Last check: 2007-10-26)
Puerto Rico's criminal libel law has been struck down by a federal appeals court for failing to satisfy basic First Amendment standards regarding news coverage of public officials and public figures.
The stories also alleged that the officer trumped up separate criminal libel charges against another reporter who wrote stories accusing her of having an affair with a drug dealer.
And in Kansas, the editor and publisher of a newspaper recently were convicted under a criminal libel statute after charging that local elected officials did not live in the county in which they served, as required by law.
www.gannett.com /go/newswatch/2003/february/nw0214-4.htm   (489 words)

  
 The Volokh Conspiracy - Criminal libel:
Criminal libel statutes are very rarely enforced, but if properly drafted, they are likely constitutional.
So, I suspect, criminal libel law ends up punishing not libel generally, but libel against people who are prominent or influential, or with whom the police and prosecutors sympathize.
In Ryan, the court held that (1) the criminal libel statute was constitutional except when the speech is about a public figure and on a matter of public concern; and (2) it was constitutional to place on the defendant the burden of proving falsity.
volokh.com /posts/1073658936.shtml   (984 words)

  
 ACLU Sues Salazar Over Criminal Libel
According to the ACLU, the criminal libel statute is an antiquated relic that was superseded long ago by developments in the law regarding the First Amendment right of free expression.
According to the ACLU's amended complaint, the criminal libel statute has been invoked several times in recent years to threaten or stifle expression that is protected by the Constitution.
And in 1998, the ACLU defended a middle school student charged with criminal libel in connection with a publication that satirized school authorities.
www.freecolorado.com /2004/02/crimlibel.html   (857 words)

  
 Libel Defense Resource Center   (Site not responding. Last check: 2007-10-26)
Since the study was completed, two more criminal libel cases have been filed in Kansas: in Baxter Springs, the twice-weekly Baxter Springs News is being prosecuted for comments regarding a city official, while in Overland Park a man was indicted for material about his estranged wife he posted on a web site.
The states with criminal libel statutes are Colorado, Florida, Idaho, Kansas, Louisiana, Michigan, Minnesota, Montana, New Hampshire, New Mexico, North Carolina, North Dakota, Oklahoma, Utah, Virginia, Washington and Wisconsin; and the U.S. territories of Puerto Rico and the Virgin Islands.
Besides the compendium and analysis of all criminal libel cases since 1964, the MLRC study reviews the historical and legal background of criminal libel from colonial America until the Garrison decision and in each of the 50 states and the U.S. territories.
www.ldrc.com /Press_Releases/bull2003-1.html   (863 words)

  
 Intellectual Property Professional Information Center: Puerto Rico Criminal Libel Law Struck Down as Unconstitutional
The speech threatened here with prosecution under the criminal libel statute "is at the heart of the First Amendment protections of speech and the press," the court said.
Thus, the press was threatened with criminal sanctions for commenting on the conduct of public officials and matters of public concern.
In addition to the actual malice standard, Garrison requires that truth must be a complete defense in a criminal libel prosecution for a statement concerning a public official, the court said.
ipcenter.bna.com /pic2/ip.nsf/id/BNAP-5JBMPL?OpenDocument   (975 words)

  
 The Volokh Conspiracy - Criminal Libel and Web Sites:
The government would have to prove, beyond a reasonable doubt, that the statement was false, and that the defendant knew it was false, or at least knew there was a substantial chance it was false and didn't adequately investigate that possibility.
The difficulty as to libel law, it seems to me, is with risk of error: Judges and juries may erroneously conclude that something is false when it's actually true (or is opinion).
Criminal libel is punushed as a misdemeanor with not more than one year in jail and a fine of not more than $1000.00.
volokh.com /posts/1124822280.shtml   (1232 words)

  
 Nasty Balinese Police Methods 4 — Criminal Libel
Libel can be and too frequently is deemed a criminal offence in Indonesia; that is, if the alleged defamation is judged to be not in the public’s best interest and potentially damaging to the state of Indonesia.
You see, libel is one of the few subjective areas of law, and Indonesia has placed it in the domain of corrupt police officers and court officials.
Of course, with criminal libel, Indonesia’s corrupt police and judiciary equally are effectively able to shut people up including now their own media; just do a search on Google for the poor chap in the picture, Bambang Harymurti.
www.balibs.org /news-update/Criminal_Libel.shtml   (885 words)

  
 Utah Supreme Court Declares State’s Criminal Libel Statute Unconstitutional
The challenge to the state law stems from criminal libel charges against Ian Michael Lake, who at the time of his arrest was a 16-year-old Milford High School student.
At the request of Lake and his father, the American Civil Liberties Union of Utah filed a motion to dismiss Lake’s criminal charges on the ground that Utah’s criminal libel statute is unconstitutional on its face.
At a hearing before the court last March, the ACLU of Utah argued that the state’s criminal libel statute is not in line with the constitutional requirements laid out by the United States Supreme Court almost forty years ago.
www.acluutah.org /pr111502.htm   (359 words)

  
 Criminal Libel Law Under Attack By Matthew Heller
upheld the state's criminal libel statute, the law is under attack again.
It criminalizes statements "tending to flen the memory of one who is dead, or to impeach the honesty, integrity, virtue, or reputation or expose the natural defects of one who is alive."
Junius Puke" as the purported editor-in-chief of "The Howling Pig" and publishing a column attributed to "Professor Puke." A status conference in the case is scheduled Jan. 20 in Denver.
www.courthousenews.com /BlogArchive/mink.htm   (326 words)

  
 deseretnews.com | Salt Lake Demo pushing to repeal criminal slander and libel law
Utah's current criminal libel law provides for a class B misdemeanor if convicted — up to six months in jail and a $1,000 fine.
Just this summer a Farmington, N.M., man was convicted of criminal libel for carrying a sign in public that called a police officer — who had argued with the man over a traffic incident — a "liar" and a "dirty cop," reported USA Today.
A Colorado college student was being investigated by police for criminal libel after they seized his computer, which had on it a doctored picture of a college professor disguised as a member of the rock group KISS.
deseretnews.com /dn/view/0,1249,635154405,00.html   (755 words)

  
 We Need Criminal Libel Laws in Sierra Leone Until We Can Enforce Libel Insurance: Sierra Leone News
Throughout history, the criminal libel laws seem to only be applied for those who are politically powerful to repress the freedom of speech of the masses.
It covers Defamatory libel and states that any person who maliciously publishes any defamatory matter (knowingly or unknowingly) shall be guilty of an offence called libel and liable on conviction to a fine or to imprisonment for a period not exceeding two years or to both such fine and imprisonment.
So, although criminal libel has been widely expunged from the books in several countries, it does remain a fact that the United States, the country which is undoubtedly a bastion of free speech, still has criminal libel laws being fiercely protected in several of its legislatures.
news.sl /drwebsite/publish/article_20051619.shtml   (2991 words)

  
 APP.COM - Turning speech into criminal matter poses threat to basic U.S. freedom | Asbury Park Press Online
In a separate study of criminal libel, Gregory Lisby at Georgia State University reported the documentation of 600 such cases that reached the appeals court level from 1797 through 1996.
In addition to criminalizing defamation of the living, many of these laws criminalize defamation of the dead or of financial institutions, insurance companies and corporations.
Criminal libel traces its origins to the English monarchy's Privy Council and the Court of the Star Chamber.
www.app.com /apps/pbcs.dll/article?AID=/20051111/OPINION/511110378/1030   (981 words)

  
 Utah Supreme Court to Hear Arguments Regarding Utah’s Criminal Libel Statute
The challenge stems from criminal libel charges against Ian Michael Lake, who at the time of his arrest was a 16-year-old Milford High School student.
At the request of Lake and his father, the ACLU of Utah filed a motion to dismiss Lake’s criminal charges on the ground that Utah’s criminal libel statute is unconstitutional on its face.
Van Wagoner will argue that Utah’s criminal libel statute is not in line with the constitutional requirements laid out by the United States Supreme Court almost forty years ago, and is unconstitutionally overbroad and vague because it purports to punish statements made with ill will.
www.acluutah.org /pr031202.htm   (393 words)

  
 Durango Herald Online
The law allows criminal prosecution for speech "tending to flen the memory of one who is dead" or to "expose the natural defects of one who is alive, and thereby to expose him to public hatred, contempt or ridicule."
In a separate case, Durango man Davis Temple Stephenson is charged with 27 felonies, including six counts of criminal libel, on suspicion of creating false documents that spread lies about Fort Lewis College professors, police officers, a landlord and others in a position of authority.
State law makes criminal libel a felony carrying up to 18 months in prison and a fine up to $100,000.
www.durangoherald.com /asp-bin/article_generation.asp?article_type=news&article_path=/news/06/news060110_4.htm   (653 words)

  
 Rocky Mountain News: Editorials
And the fact that other judges would almost certainly dismiss the criminal libel charges, as Babcock did, is small consolation.
Mink appealed the dismissal, asking for a ruling that the criminal libel law is unconstitutional.
Supreme Court decisions involving libel and satire over the past 40 years have steadily narrowed the potential scope of criminal libel to the point of invisibility, and yet still the law remains on the books.
www.rockymountainnews.com /drmn/editorials/article/0,2777,DRMN_23964_4387317,00.html   (435 words)

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