Parliamentary Papers Act 1840
Encyclopedia
The Parliamentary Papers Act 1840 (3&4 Vict., c. 9) is an Act
of the Parliament of the United Kingdom
. The Act was passed in response to the case of Stockdale v. Hansard
where it was held that the House of Commons
enjoyed no privilege
as to publications under its authority circulated beyond Members of Parliament.
The Act provides that:
Publication for circulation among Members of Parliament is protected by absolute privilege under common law
. The Act received Royal Assent
on 14 April 1840.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
. The Act was passed in response to the case of Stockdale v. Hansard
Stockdale v. Hansard
Stockdale v Hansard 9 Ad & El 1 was a case in which the Parliament of the United Kingdom unsuccessfully challenged the common law of parliamentary privilege, leading to legislative reform.-Facts:...
where it was held that the House of Commons
British House of Commons
The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...
enjoyed no privilege
Parliamentary privilege
Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made related to one's duties as a legislator. It is common in countries whose constitutions are...
as to publications under its authority circulated beyond Members of Parliament.
The Act provides that:
- Publications under the House’s authority enjoy absolute privilege against civil or criminal proceedings (s.1);
- Correct copies of such publications also enjoy absolute privilege (s.2);
- Extracts are protected by qualified privilegeQualified privilegeThe defense of qualified privilege permits persons in positions of authority or trust to make statements or relay or report statements that would be considered slander and libel if made by anyone else...
. The burden of proof is on the defendant to show that the publication was without maliceMalice (legal term)Malice is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied. Malice is expressed when there is manifested a deliberate intention unlawfully to take away the life of a human being...
(s.3).
Publication for circulation among Members of Parliament is protected by absolute privilege under 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...
. The Act received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
on 14 April 1840.
See also
- Defamation Act 1952Defamation Act 1952The Defamation Act 1952 is an Act of the Parliament of the United Kingdom.This Act implemented recommendations contained in the Report of the Porter Committee...
, s.9(1) - Broadcasting Act 1990Broadcasting Act 1990The 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...
, s.203(1)