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07 February 2008 / Neil Parpworth
Issue: 7307 / Categories: Features , Public , Human rights , Constitutional law
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Hell and Damnation

Is blasphemous libel a dead letter? Neil Parpworth investigates

 

The common law offence of blasphemous libel has a long and ancient history. In the modern age, however, it is rarely prosecuted. Thus prior to the prosecution of Gay News by Mary Whitehouse in Whitehouse v Gay News Ltd [1979] AC 617, [1979] 1 All ER 898, more than 50 years had passed since the last recorded prosecution for the offence (see R v Gott (1922) 16 Cr App Rep 87). Although there have been no further prosecutions since the House of Lords’ decision in  Whitehouse, there have been attempts to bring private prosecutions which have failed. Thus in R v Metropolitan Stipendiary Magistrate, ex p Choudhury [1991] 1 All ER 306, [1991] 3 WLR 986, the Divisional Court refused to grant an order of mandamus to compel the metropolitan stipendiary magistrate to issue summonses against the author and publisher of The Satanic Verses accusing them of having committed a blasphemous libel. Although the court was of the opinion that there
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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

Gateley Legal—Jack Kelly

Gateley Legal expands Midlands residential development team

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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