Comments on: The strange death of criminal libel? http://www.lexferenda.com/11032008/the-strange-death-of-criminal-libel/ daithí mac síthigh, university of east anglia, norwich, england Wed, 10 Mar 2010 14:49:33 +0000 http://wordpress.org/?v=2.9.2 hourly 1 By: cearta.ie » The last Irish case on criminal libel http://www.lexferenda.com/11032008/the-strange-death-of-criminal-libel/comment-page-1/#comment-6752 cearta.ie » The last Irish case on criminal libel Tue, 01 Dec 2009 06:59:34 +0000 http://www.lexferenda.com/11032008/the-strange-death-of-criminal-libel/#comment-6752 [...] (pdf) comes into effect in the new year, section 4 will repeal the 1961 Act and section 35 will abolish the common law crime of criminal or defamatory libel (the UK is soon to follow this lead). So, the [...] [...] (pdf) comes into effect in the new year, section 4 will repeal the 1961 Act and section 35 will abolish the common law crime of criminal or defamatory libel (the UK is soon to follow this lead). So, the [...]

]]> By: cearta.ie » Criminal libel; one faltering step forward, now two steps back http://www.lexferenda.com/11032008/the-strange-death-of-criminal-libel/comment-page-1/#comment-6263 cearta.ie » Criminal libel; one faltering step forward, now two steps back Wed, 06 May 2009 09:54:52 +0000 http://www.lexferenda.com/11032008/the-strange-death-of-criminal-libel/#comment-6263 [...] of criminal libel, seditious libel and obscene libel. The reference to blasphemous libel had disappeared. It now seems that this conjouring trick was to make way for the introduction into the Bill of a [...] [...] of criminal libel, seditious libel and obscene libel. The reference to blasphemous libel had disappeared. It now seems that this conjouring trick was to make way for the introduction into the Bill of a [...]

]]> By: cearta.ie » Beware, unintended consequences. http://www.lexferenda.com/11032008/the-strange-death-of-criminal-libel/comment-page-1/#comment-4474 cearta.ie » Beware, unintended consequences. Tue, 11 Mar 2008 21:44:18 +0000 http://www.lexferenda.com/11032008/the-strange-death-of-criminal-libel/#comment-4474 [...] has just published a wonderful post on the The strange death of criminal libel?. On the issue of criminal libel, he concludes that the Defamation Bill, 2006, currently receiving [...] [...] has just published a wonderful post on the The strange death of criminal libel?. On the issue of criminal libel, he concludes that the Defamation Bill, 2006, currently receiving [...]

]]> By: Daithí http://www.lexferenda.com/11032008/the-strange-death-of-criminal-libel/comment-page-1/#comment-4472 Daithí Tue, 11 Mar 2008 19:35:10 +0000 http://www.lexferenda.com/11032008/the-strange-death-of-criminal-libel/#comment-4472 For the first indication that this was coming down the line, see the <a href="http://debates.oireachtas.ie/DDebate.aspx?F=SEN20071211.xml&Node=H7#H7" rel="nofollow">comments of the Minister for Justice</a> last December in the Seanad, where he said : <blockquote>Section 35 deals with an arcane branch of our law. Part 5 deals with criminal liability. If I may, I will revert to section 34, which is linked to section 35. Section 34 purports to abolish the common law offences of criminal libel, seditious libel and obscene libel and section 35 proposes to establish an entirely new section dealing with the publication of gravely harmful statements. All of these matters in sections 34 and 35 are criminal and not civil matters. Article 40° of the Constitution provides that the publication of blasphemous, seditious or obscene material is in itself an offence. As legislators, we must have regard to that in whatever proposals we draw up in these areas. I am not satisfied with the current arrangement in sections 34 and 35. Following discussions with the Attorney General, I am reviewing the provisions of sections 34 to 36, inclusive, to ensure that whatever legislation we bring in respects the existing constitutional provisions and goes no further than them.</blockquote> For the first indication that this was coming down the line, see the comments of the Minister for Justice last December in the Seanad, where he said :

Section 35 deals with an arcane branch of our law. Part 5 deals with criminal liability. If I may, I will revert to section 34, which is linked to section 35. Section 34 purports to abolish the common law offences of criminal libel, seditious libel and obscene libel and section 35 proposes to establish an entirely new section dealing with the publication of gravely harmful statements. All of these matters in sections 34 and 35 are criminal and not civil matters. Article 40° of the Constitution provides that the publication of blasphemous, seditious or obscene material is in itself an offence. As legislators, we must have regard to that in whatever proposals we draw up in these areas. I am not satisfied with the current arrangement in sections 34 and 35. Following discussions with the Attorney General, I am reviewing the provisions of sections 34 to 36, inclusive, to ensure that whatever legislation we bring in respects the existing constitutional provisions and goes no further than them.

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