Defamatory libel was originally an offence under the common law

Common law

Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...

 of England. It has been abolished in England and Wales

England and Wales

England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...

 and Northern Ireland

Northern Ireland

Northern Ireland is one of the four countries of the United Kingdom. Situated in the north-east of the island of Ireland, it shares a border with the Republic of Ireland to the south and west...

. It was or is a form of criminal libel

Criminal libel

Criminal libel is a legal term, of English origin, which may be used with one of two distinct meanings, in those common law jurisdictions where it is still used....

, a term with which it is synonymous.

England and Wales and Northern Ireland

The common law offence of defamatory libel was abolished for England and Wales and Northern Ireland on 12 January 2010.

Section 4 of the Libel Act 1843

Libel Act 1843

The Libel Act 1843, commonly known as Lord Campbell's Libel Act, was a Act of the Parliament of the United Kingdom. It enacted several important codifications of and modifications to the common law tort of libel....

 which created an aggravated statutory offence was also repealed.

History

See the following cases:

• De Libellis Famosis (1606) 5 Co Rep 125a, (1606) 77 ER 250
• Summer v Hillard (1665) 1 Sid 270, (1665) 82 ER 1099
• R v Penny (1687) 1 Ld Raym 153, 91 ER 999
• R v Burdett (1820) 4 B & Ald 95, (1820) 106 ER 873
• R v Brigstock (1833) 6 Car & P 184, (1833) 172 ER 1199
• R v Carden (1879) 5 QBD 1
• Vizetelly v Mudie's Select Library Ltd [1900] 2 QB 170, 16 TLR 352, CA
  Court of Appeal of England and Wales
  The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
  
  
• R v Wicks (1936) 25 Cr App R 168
• Goldsmith v Pressdram Ltd [1977] QB 83
• Gleaves v Deakin [1980] AC 477, [1979] 2 WLR 665, [1979] 2 All ER 497, 69 Cr App R 59, [1979] Crim LR 458, HL
  House of Lords
  The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
  
  
• Desmond v Thorne [1983] 1 WLR 163, [1982] 3 All ER 268, QBD

Jurisdiction

This originally vested in the Court of Star Chamber. When that court was abolished, it was transferred to the Court of King's Bench.

Publication in a permanent form

See section 4(1) of the Theatres Act 1968

Theatres Act 1968

The Theatres Act 1968 abolished censorship of the stage in the United Kingdom.Since 1737, scripts had been licensed for performance by the Lord Chamberlain's Office a measure initially introduced to protect Walpole's administration from political satire...

 and section 166(1) of the Broadcasting Act 1990

Broadcasting Act 1990

The Broadcasting Act 1990 is a law of the British parliament, often regarded by both its supporters and its critics as a quintessential example of Thatcherism. The aim of the Act was to reform the entire structure of British broadcasting; British television, in particular, had earlier been...

.

Restriction on institution of proceedings

See section 8 of the Law of Libel Amendment Act 1888 (replacing section 3 of the Newspaper and Libel Registration Act 1881) and section 8 of the Theatres Act 1968

Theatres Act 1968

The Theatres Act 1968 abolished censorship of the stage in the United Kingdom.Since 1737, scripts had been licensed for performance by the Lord Chamberlain's Office a measure initially introduced to protect Walpole's administration from political satire...

.

Defences

See sections 6 and 7 of the Libel Act 1843

Libel Act 1843

The Libel Act 1843, commonly known as Lord Campbell's Libel Act, was a Act of the Parliament of the United Kingdom. It enacted several important codifications of and modifications to the common law tort of libel....

 and sections 3 and 4 of the Law of Libel Amendment Act 1888.

Functions of judge and jury

See the Libel Act 1792

Libel Act 1792

The Libel Act 1792 was an Act of the Parliament of Great Britain. At the urging of the Whig politician Charles James Fox, the Act restored to juries the right to decide what was libel and whether a defendant was guilty, rather than leaving it solely to the judge...

.

Committal proceedings - Power of magistrates to dismiss charge

See section 4 of the Newspaper and Libel Registration Act 1881.

Power of magistrates to try newspaper libel summarily with the consent of the accused

See section 5 of the Newspaper Libel and Registration Act 1881. That section was repealed by sections 17 and 65(5) of, and Schedule 13 to, the Criminal Law Act 1977

Criminal Law Act 1977

The Criminal Law Act 1977 is an Act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It is mainly significant because it defines the offence of conspiracy in English law...

.

Sentence

See sections 4 and 5 of the Libel Act 1843

Libel Act 1843

The Libel Act 1843, commonly known as Lord Campbell's Libel Act, was a Act of the Parliament of the United Kingdom. It enacted several important codifications of and modifications to the common law tort of libel....

Proposal to amend the law

In 1985, the Law Commission recommended that the offence of defamatory libel should be abolished and replaced with a new statutory offence of "criminal defamation". The recommendation that a new statutory offence be created has not been implemented.