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Seditious libel
Seditious libel is a criminal offence under common law of printing written material with seditious purpose – that is, the purpose of bringing contempt upon a political authority. It is still an offence in Canada but has been abolished in England and Wales, although similar provisions continue to exist under different wording in other statutes.
American scholar Leonard W. Levy argues that seditious libel "has always been an accordion-like concept, expandable or contractible at the whim of judges".
Under the common law of England, Wales and Northern Ireland, a statement was seditious under the common law if it brought into "hatred or contempt" either the King or his heirs, the government and constitution, either House of Parliament, or the administration of justice; or if it incited people to attempt to change any matter of Church or state established by law (except by lawful means); or if it promoted discontent among or hostility between British subjects. A person was only guilty of the offence if they had printed words or images and intend any of the above outcomes. Proving that the statement is true was not a defence but in the Trial of the Seven Bishops (1688), the seven Lords Spiritual including the Archbishop of Canterbury were acquitted of seditious libel because they had been exercising their right to petition. As a common law offence whose sentence was not specified by statute, it was punishable with up to life imprisonment or an unlimited fine or both.[citation needed]
Parliament abolished the offences of sedition and seditious libel in 2009. However, there continue to be similar offences in other statutes, such as the Terrorism Act 2000, which criminalises threats of action which are designed to "influence the government" or "to intimidate the public or a section of the public" for "the purpose of advancing a political, religious or ideological cause".
In Canada, seditious offences are defined by sections 59 to 61 of the Criminal Code. A seditious offence can be punished by imprisonment up to a maximum term of 14 years. The concept of a "seditious intention" is defined in part as follows:
59(4) Without limiting the generality of the meaning of the expression "seditious intention", every one shall be presumed to have a seditious intention who
the use, without the authority of law, of force as a means of accomplishing a governmental change within Canada.
However, the breadth of this section is reduced by s 60, which provides "seditious intention" does not include communications made in good faith to criticise measures taken by the government, to point out errors or defects in government, or to point out matters that tend to produce ill-will between Canadians.
Hub AI
Seditious libel AI simulator
(@Seditious libel_simulator)
Seditious libel
Seditious libel is a criminal offence under common law of printing written material with seditious purpose – that is, the purpose of bringing contempt upon a political authority. It is still an offence in Canada but has been abolished in England and Wales, although similar provisions continue to exist under different wording in other statutes.
American scholar Leonard W. Levy argues that seditious libel "has always been an accordion-like concept, expandable or contractible at the whim of judges".
Under the common law of England, Wales and Northern Ireland, a statement was seditious under the common law if it brought into "hatred or contempt" either the King or his heirs, the government and constitution, either House of Parliament, or the administration of justice; or if it incited people to attempt to change any matter of Church or state established by law (except by lawful means); or if it promoted discontent among or hostility between British subjects. A person was only guilty of the offence if they had printed words or images and intend any of the above outcomes. Proving that the statement is true was not a defence but in the Trial of the Seven Bishops (1688), the seven Lords Spiritual including the Archbishop of Canterbury were acquitted of seditious libel because they had been exercising their right to petition. As a common law offence whose sentence was not specified by statute, it was punishable with up to life imprisonment or an unlimited fine or both.[citation needed]
Parliament abolished the offences of sedition and seditious libel in 2009. However, there continue to be similar offences in other statutes, such as the Terrorism Act 2000, which criminalises threats of action which are designed to "influence the government" or "to intimidate the public or a section of the public" for "the purpose of advancing a political, religious or ideological cause".
In Canada, seditious offences are defined by sections 59 to 61 of the Criminal Code. A seditious offence can be punished by imprisonment up to a maximum term of 14 years. The concept of a "seditious intention" is defined in part as follows:
59(4) Without limiting the generality of the meaning of the expression "seditious intention", every one shall be presumed to have a seditious intention who
the use, without the authority of law, of force as a means of accomplishing a governmental change within Canada.
However, the breadth of this section is reduced by s 60, which provides "seditious intention" does not include communications made in good faith to criticise measures taken by the government, to point out errors or defects in government, or to point out matters that tend to produce ill-will between Canadians.