LIBEL is a publication either in writing, print. or by way of a picture, or the like, the tendency of which is to degrade a man in the opinion of his neighbors, or to make Lim ridiculous. When similar results follow from words spoken, the act is called slander (q.v.), which, however, is less severely punished. It is extremely difficult to define what amounts to libelous matter, for the question whether a publication amounts to libel must always be left to the decision of a jury, and this decision is somewhat uncertain, and varies with the popular mood for the time. But the test is, in point of law, whether there results degradation of character. There am two remedies in England for the wrong caused by libel; one is by indictment, the other is by action. If the offense is of a public nature, an indictment is generally resorted to, for every libel tends to a breach of the peace; or the libeled party applies to the court of queen's bench for a criminal information, which is a variety of indictment. When an action is brought. its object is to recover damages for the private injury sustained. The rule formerly was, in indict ments and criminal informations, that the defendant was not allowed to plead in defense that the libelous matter was true. But the law was in 1843 altered, and the defendant is now allowed, in criminal as well as civil proceedings, to prove the truth, and that it was for the public benefit that the matter should be published, stating how. If, however, the jury by their verdict find otherwise, this defense often aggravates the punishment. The statute 6 and 7 Viet. c. 96 also improved the law of libel as regards editors. and proprietors of newspapers and periodical publications, who were formerly held liable for libels inserted without their knowledge. By the present law, the defendant may
plead in defense that the article in question was inserted without actual malice and without gross negligence, and that, before the commencement of the action or at the earliest opportunity afterwards, the defendant inserted an apology, or if the periodical did not appear within an interval of a week, that he offered to publish an apology in any newspaper or periodical to be selected by the plaintiff. But the defendant, when he pleads this defense, must also pay into court a sum of money, by way of amends for the injury done. In these cases, even where the is by indictment or criminal information, the defendant, if he obtains a verdict, will (contrary to the general rule) be entitled to have his costs paid by the prosecutor. There are certain libels which are called blasphemous on account of their denying the fundamental truths of Christianity, and these are punishable by fine and imprisonment. So there are seditious, treasonable, and immoral libels, according to the nature of the subject-matter. If any person threaten to publish a libel, or offer to prevent such publication, with intent to extort any money, security, or valuable thing, or with intent to induce any person to confer or procure any appointment or office of profit or trust, he is liable to imprisonment with or without hard labor for three years. If any person maliciously publish a defamatory libel, knowing the same to be false, he is liable to two years' imprisonment and a fine: and the malicious publication, even though not with knowledge that it is false, makes the author liable to one year's imprisonment and a tine.