It is also written as libel law. It refers to the law against written libel, and developed in England in close connection with the development of printed matter, especially newspapers and magazines, and the development of freedom of speech and publication. From around the 15th century to the early modern period, the focus was on the control of political libel, and libel against the king was considered a form of treason, but in the 18th century, the idea of viewing such political libel as a special criminal offense called "seditious libel" emerged. Not only when the libel was false, but also when it was true, it was said that "the greater the truth, the greater the libel," and in libel trials, juries were not allowed to try the facts. Source: Heibonsha World Encyclopedia, 2nd Edition Information |
誹譏法とも書く。文書による名誉毀損の取締法をさし,印刷物,とくに新聞や雑誌の発達および言論出版の自由の発達と深くかかわりながらイギリスで発展した。15世紀ころから近代初期にかけては,政治的誹毀の取締りが中心で,国王に対する誹毀は反逆罪の一つとされていたが,18世紀に入ると,こうした政治的誹毀を〈治安妨害的誹毀seditious libel〉という特別の刑事犯罪とみる考え方が現れた。誹毀の事実が虚偽の場合はもちろん,真実の場合も,〈真実であればあるほど誹毀は重大だthe greater the truth,the greater the libel〉といわれ,誹毀裁判では陪審人に事実審理の権限は認められなかった。
出典 株式会社平凡社世界大百科事典 第2版について 情報 |
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