Against libel, even of the grossest character, what can one do, as the
law stands, which is not more disagreeable than silently to 'grin and
bear' it? The great preliminary cost; the extreme uncertainty and
irritation involved, the odious publicity necessarily incurred; the
chatter, the comments, the cross-examination; the insolence and the
jeers of the counsel for the defence, are all punishments which fall
upon the plaintiff. What consolation is it for them that he may perhaps
be awarded a thousand pounds damages, though it is more probable that he
will receive only a farthing, and be left to the enjoyment of paying his
own costs? In either result, is the game worth its very costly candle?
Is the injury made less an injury? Is the combat not in every sense most
unjust and unequal, being less a combat indeed than an assassination by
a bravo? To what can we ever look for any remedy of this except from the
unwritten law of opinion? But as the world is at present constituted it
delights far too greatly in this garbage for it ever to rebuke the
providers of it. Hogs do not rend the man who carries the swill-tub.
In one of the Prince Consort's letters to his eldest daughter, then
Crown Princess of Prussia, he tells her to set aside a portion of her
money every year to meet the inevitable blackmail which will certainly
be levied upon her. This blackmail is levied on every kind of success as
well as on royalty. What is to be done? To submit to it, is repugnant to
all one's sense of justice; to rebel against it, however such resistance
be justified, is often ruinous.
The true remedy would lie in a finer, juster, higher kind of public
feeling; but where is there any likelihood of this arising in the world
as it is?
My own feeling is very strongly always against the anonymity of the
Press. Everyone surely should have the candour and courage to put his
signature after his opinions. But, unfortunately, the Press gains so
much importance (fictitious importance) from its anonymity that it is
hopeless to ask for an unwritten or a written law on this subject. The
arrogant 'we' would soon fall to zero in its influence on the public if
it were signed by a Tom, Dick, or Harry, who, as Matthew Arnold used to
say, forms his opinions from what he overhears on the knifeboard of a
city or suburban omnibus. It is, perhaps, worthy of a nation which
treats duelling as a penal offence to countenance anonymous assertions,
anonymous opinions, anonymous bravado, and anonymous insults; but the
result cannot be beneficial to the national character.
Public-domain text, read in full here on John Shaqi.
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