(A) Mitchell Prelims 6/27/05 9:50 AM Page i THE MAKING OF THE MODERN LAW OF DEFAMATION The modern law of defamation is frequently criticised for being outdated, obscure and even incomprehensible. The Making of the Modern Law of Defamation explains how and why the law has come to be as it is by offering an historical analysis of its development from the seventeenth century to the present day. Whilst the primary focus of the book is the law of England, it also makes extensive use of comparative common law materials from jurisdictions such as Australia, South Africa, the United States and Scotland. This book will be essential reading for anyone interested in the law of defamation, in media law and in the relationship between free speech and the law. (A) Mitchell Prelims 6/27/05 9:50 AM Page ii (A) Mitchell Prelims 6/27/05 9:50 AM Page iii The Making of the Modern Law of Defamation Paul Mitchell School of Law, King’s College London OXFORD AND PORTLAND, OREGON 2005 (A) Mitchell Prelims 6/27/05 9:50 AM Page iv Hart Publishing Oxford and Portland, Oregon Published in North America (US and Canada) by Hart Publishing c/o International Specialized Book Services 5804 NE Hassalo Street Portland, Oregon 97213-3644 USA © Paul Mitchell, 2005 Paul Mitchell has asserted his right under the Copyright, Designs and Patents Act 1988, to be identified as the author of this work Hart Publishing is a specialist legal publisher based in Oxford, England. To order further copies of this book or to request a list of other publications please write to: Hart Publishing, Salter’s Boatyard, Folly Bridge, Abingdon Road, Oxford OX1 4LB Telephone: +44 (0)1865 245533 or Fax: +44 (0)1865 794882 e-mail:
[email protected] WEBSITE: http//www.hartpub.co.uk British Library Cataloguing in Publication Data Data Available ISBN 1–84113–304–3 (hardback) Typeset by Hope Services (Abingdon) Ltd. Printed and bound in Great Britain on by MPG Books, Bodmin, Cornwall (A) Mitchell Prelims 6/27/05 9:50 AM Page v For Susan, Ben and Amelia (A) Mitchell Prelims 6/27/05 9:50 AM Page vi (A) Mitchell Prelims 6/27/05 9:50 AM Page vii Acknowledgements I would like to thank the following people for their help at various stages in this project: Eric Barendt, Lionel Bently, Robert Burrell, John Davies, Alan Dignam, Richard Hart, David Ibbetson, Mark Lunney and John Phillips. Their support and encouragement have been much appreciated. I am also grateful to two institutions for their assistance: King’s College London (for a grant of sabbatical leave) and the Law Faculty Library, University of Cambridge (for allowing access to Baron Parke’s commonplace book). Paul Mitchell London September 2004 (A) Mitchell Prelims 6/27/05 9:50 AM Page viii (A) Mitchell