HC Deb 03 May 1976 vol 910 cc231-5W
Mr. Sedgemore

asked the Secretary of State for the Home Department (1) if he will bring forward legislation to abolish libel as a criminal offence;

(2) if he will introduce legislation to make libel a criminal offence only in those cases where a breach of the peace is likely to be occasioned by the libel;

(3) if he will introduce legislation which states clearly what ingredients make up libel as a criminal offence;

(4) if he will introduce legislation making privilege, fair comment and truth defences to charges of criminal libel;

(5) if he will introduce legislation to bring the law of criminal libel in England into line with the law of Scotland.

Mr. Lee

asked the Secretary of State for the Home Department if he will introduce legislation to abolish the offence of criminal libel.

Mr. John

The Government are considering the report of the Faulks Committee on defamation which, inter alia, made recommendations on criminal libel.

Mr. Sedgemore

asked the Secretary of State for the Home Department what was the last occasion on which a prosecution for criminal libel was brought against a newspaper.

Mr. John

I regret that this information is not available.

Mr. Sedgemore

asked the Secretary of State for the Home Department how many criminal libel prosecutions have taken place in England and Wales for each year since 1950; how many resulted in guilty verdicts; how many defendants

CRIMINAL LABEL—PROCEEDINGS IN ENGLAND AND WALES 1950–1974
Number of persons
Magistrates' Courts Higher Courts
Year Total proceeded against Committed for trial Found guilty Sentenced to imprisonment Total for trial Found guilty Sentenced to imprisonment
1950 8 5 1 - 6 5 1
1951 9 5 4 1 5 4 1
1952 5 2 2 - 3 3 2
1953 4 1 2 - 1 1 1
1954 9 8 1 1 3 2 -
1955 7 2 4 1 1 1 -
1956 6 2 3 1 3 3 -
1957 2 - 2 - - -
1958 6 4 2 - 5 5 3
1959 5 2 3 - 2 2 1
1960 1 - 1 - - - -
1961 5 1 3 - 1 1 -
1962 3 3 - - 1 1 -
1963 4 3 - - 5 5 2
1964 2 1 1 - 1 - -
1965 5 3 - - 1 1 1
1966 7 1 6 - 1 - -
1967 - - - - - - -
1968 6 6 - - 3 3 -
1969 - - - - 2 - -
1970 2 1 1 - - - -
1971 - - - - 1 1 1
1972 1 - 1 - 1 1 -
1973 1 - 1 - - - -
1974 1 - 1 - - - -

Mr. Sedgemore

asked the Secretary of State for the Home Department how many cases of criminal libel were considered by the police from 1950 to 1965 and in each succeeding year; and how many of these related to newspaper proprietors, editors and journalists.

Mr. John

The number of offences of libel recorded as known to the police during the years 1950–1974 is as follows:

OFFENCES OF LIBEL RECORDED AS KNOWN TO THE POLICE
England and Wales, 1950–1974
1950 79
1951 104
1952 58
1953 69
1954 93
1955 119
1956 59
1957 64
1958 55
1959 33

were sent to prison; and how many defendants were newspaper proprietors, editors or journalists.

Mr. John

Figures of persons proceeded against in magistrates' courts together with those appearing for trial at the higher courts are shown in the table. Information on the occupation of defendants it not available.

1960 31
1961 26
1962 45
1963 34
1964 22
1965 27
1966 41
1967 14
1968 29
1969 9
1970 10
1971 13
1972 8
1973 19
1974 16

Information on the occupation of those alleged to be reponsible is not available.

Mr. Sedgemore

asked the Secretary of State for the Home Department if he will seek powers to stop further prosecutions for criminal libel until the law has been clarified.

Mr. John

No. It would not be appropriate to use legislation for this purpose. If legislation were introduced it should clarify the law.

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