Political Libel - No Longer Exists in Most English Speaking Jurisdictions

No Longer Exists in Most English Speaking Jurisdictions

In most developed countries, a combination of discouragement to vexatious litigation, general recognition of chilling effects, and sometimes formal definition of a strategic lawsuit against public participation, serve to limit politically motivated libel suits. Many attorneys advise strongly against filing any suit against critics with political motivations. The McLibel case is usually cited as libel law backfiring.

Many jurisdictions established such difficult tests for application of libel law to political statements, even exempting specific types or processes of criticism, that any specifically or overtly political comment has been effectively exempted from tort law:

• Recognizing the chilling effect of such laws, American courts reformed libel law to protect free speech on matters of public interest, where plaintiffs bear onus of proving falsehood, fault and damage. All statements of opinion are immune from liability. This includes almost all political statements.
• In Australia the traditional common law was deemed to be “tilted too far against free communication.” and courts recognized privileges for political discussion and eventually a new 2006 uniform Defamation Act in Australia.
• In 2001, the British House of Lords recognized in Reynolds v Times Newspapers Ltd a new test for a case-by-case privilege for publications which, though otherwise actionable, dealt with a matter of public concern in a manner which was reasonable and balanced in all the circumstances. They recognized an obligation to protect journalism.
• New Zealand's Defamation Act includes a qualified privilege for non-reckless and non-sentimental statements about political figures.