Jimmy Savile and why libel laws should be abolished

Unless the nation is in the grip of a mass hysteria, which isn’t out of the question, it seems Sir Jimmy Savile perpetrated many crimes over many years and was protected from exposure by his fame and connections.

How different would it have been if it were not for the libel laws? No news agency dared run the stories which followed after him, and it must be presumed the fear of litigation played a large part in this. If this danger had not existed, it would have been much more likely for the man to be exposed. Some will argue that, in this case, everyone’s reputation would be at risk from unsubstantiated accusations. That is true, but, as I’ve argued before, that being the case, the value attributed to such accusations would rest on the evidence, and anyway, it’s a freedom of speech issue.

4 responses to “Jimmy Savile and why libel laws should be abolished”

  1. Newspapers are filled with lies and half-truths as it is, they don’t need any more encouragement. Just take a look at the Daily Star for instance (have a look at tabloid watch if it isn’t a regular read) – they are bad enough as it is – can you imagine how much worse they would be if there was no legal recourse to them pulling false allegations out of thin air?

    Responsibility for Jimmy Saville must fall firmly on the shoulders of those who knew he had done wrong yet said nothing to the police.

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    1. Such a change may not make the Daily Star any better, but I don’t think it would make it worse. At least you would have no reason to think it true.

      I don’t disagree that the responsibility lies on those who knew and did nothing, but some who knew did something, but found a brick wall, and a big part of that brick wall was the libel laws.

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  2. Not sure I agree with this one. I can get behind a statement that says the _current_ libel laws should be changed, but a free-for-all in which large news organisations were able to print what they liked without fear of prosecution would offer no protection to the individual. Even where there to be law involving some restitution, mud sticks, and there can be a healthy profit to be found in printing known lies, ruining a reputation, making money off the story, then hoping for a smaller settlement in court once the allegations are proved wrong.

    Even then, is money an adequate substitute for a reputation ruined? If Celebrity A gets called a nonce by the Daily Ringpiece, successfully sues, is awarded the entire profits from the newspaper’s sales of the false allegations, plus financial compensation for a ruined career… is that adequate compensation for having one in a hundred people still believe you’re guilty (“no smoke without fire…” etc)… getting called a paedo by strangers out in public… not being allowed near your nephews because an over-zealous mother in the family believes the allegations, etc. Money can’t compensate for this, so some sort of law that incentivises the prevention of false allegations being printed is necessary, as a purely restitutive law can’t fully restore what’s truly important — a name, and a reputation.

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  3. Al,

    if you haven’t already, you should check out Walter Block’s “Defending the Undefendable” on the subject of libelers and slanderers. I think he is correct that there is no property right in one’s reputation, therefore there is no violation of property rights in slander, and that paradoxically stories would be less likely to believed, unless there is corroborating evidence. I won’t repeat what I said here:

    https://libertarianhome.co.uk/2012/09/free-speech-civil-disobedience-and-why-we-should-abolish-the-libel-laws/

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