header-logo header-logo

07 February 2008 / Neil Parpworth
Issue: 7307 / Categories: Features , Public , Human rights , Constitutional law
printer mail-detail

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
If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll