The Government of England (Vol. I)Lowell, A. Lawrence (Abbott Lawrence)
History
The Government of England (Vol. I)
Lowell, A. Lawrence (Abbott Lawrence)
Great Britain -- Politics and government
Curiously enough the privilege of free speech in the House does not
necessarily include the right to publish that speech outside. This
matter has had an eventful history. Until about one hundred years ago
the House attempted to prevent the report of its debates in the public
press, and in the course of the struggle became entangled in the
memorable controversy with Wilkes. The question has never been dealt
with by legislation, and it is still assumed that the House might
declare the publication of its debates a breach of privilege, and put a
stop to it. But the struggle came to an end because the House changed
its mind. Instead of objecting to the publication of the debates it
came, in time, to desire it; and whereas it had attempted earlier to
keep out reporters, it now strove to protect them.
The privilege of free speech covered only words uttered in the House and
matter printed for circulation among the members alone. It did not
extend to the printing of a speech, or to documents intended for
general distribution even though issued by order of the House itself;
and in its later attempt to insist upon its right of publication, as in
its earlier effort to insist upon its right to prevent publication, the
House came into conflict with the judiciary. In the case of Stockdale
_v_. Hansard[244:1] the Queen's Bench held that a publisher might be
liable in damages to a person injured by defamatory matter contained in
a report made to the House of Commons, although the printing was ordered
by the House itself. The question was then set at rest by a
statute[244:2] providing that publication by order of either House
should be a defence to any civil or criminal proceedings. But this has
no effect upon the newspapers, and although a fair account of a debate
published in the ordinary course of reporting is not in itself
libellous, even if it contain defamatory matter, yet a faithful report
of a speech published with a malicious intent is still libellous, and it
is never safe to go to a jury on a question of intent.
If the attitude of the House of Commons toward the publication of its
debates has changed entirely, it is because its relation to the public
has undergone a complete transformation. Every member of Parliament
to-day is seeking for the approbation of his constituents, and far from
dreading publication of what he says in the House, his effort is rather
to attract attention to himself by the reports in the local press of his
remarks in Parliament. Moreover, the House as a whole depends more than
ever upon popular support; and one may find a striking illustration of
the way the same thing produces different political effects under
different conditions by observing that while the cabinet would lose
authority if its discussions were not secret, Parliament would suffer if
its debates were not public.
[Sidenote: Privilege in the Courts of Law.]
Public-domain text, read in full here on John Shaqi.
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