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rom Select Committee on Religious Offences in England and Wales First
Report:
"The Criminal Libel Act 1819
"22. The Religious Offences Bill proposed the repeal of references to
blasphemous libel in Section 1 of the Criminal Libel Act 1819. This law
covers both publications that are a seditious libel and those that are a
blasphemous libel. In the case of blasphemous libel, where material is
judged to be a blasphemous libel "tendingto excite his Majesty's subjects
to attempt the alteration of any matter in the Churchby law established,
otherwise than by lawful means", the court making that judgement can order
the seizure of that material. Since it applies only to publications that are
likely to lead to an attack on the position of the Church of England, this
part of the Act is probably in conflict with the provisions of the Human
Rights Act 1998. In their supplementary evidence, the Home Office have said
that the Act itself should not be repealed, because of the need to retain
the provisions for seditious libel. They have also advised that if the law
of blasphemy were itself repealed, the references to blasphemous libel would
fall away[22]. The provision does not appear to have been used in modern
times."
http://tinyurl.com/397ndo
Criminal Libel Act 1819, text as in force today:
Criminal Libel Act 1819 c. 8
This version in force from: Date not available to present
(version 1 of 1)
An Act for the more effectual Prevention and Punishment of blasphemous and
seditious Libels.
[30th December 1819]
11. Short title given by Short Titles Act 1896 (c. 14), preamble omitted
under authority of Statute Law Revision Act 1890 (c. 33)
Crown Copyright material is reproduced with the permission of the Controller
of HMSO and the Queen s Printer for Scotland
Criminal Libel Act 1819 c. 8
This version in force from: Date not available to present
(version 1 of 1)
1. Court to make order for the seizure of copies of the libel in
possession of the persons against whom verdicts shall have been had, &c.
(1) In every case in which any verdict or judgment by default shall be had
against any person for composing, printing, or publishing any blasphemous
libel, or any seditious libel tending to bring into hatred or contempt the
person of his Majesty or the government and constitution of the United
Kingdom as by law established, or either House of Parliament, or to excite
his Majesty's subjects to attempt the alteration of any matter in Church or
State as by law established, otherwise than by lawful means, it shall be
lawful for the judge or the court before whom or in which such verdict shall
have been given, or the court in which such judgment by default shall be
had, to make an order for the seizure and carrying away and detaining in
safe custody, in such manner as shall be directed in such order, all copies
of the libel which shall be in the possession of the person against whom
such verdict or judgment shall have been had, or in the possession of any
other person named in the order for his use, evidence upon oath having been
previously given to the satisfaction of such court or judge, that a copy or
copies of the said libel is or are in the possession of such other person
for the use of the person against whom such verdict or judgment shall have
been had as aforesaid; and in every such case it shall be lawful for any
justice of the peace, or for any constable or other peace officer, acting
under any such order, or for any person or persons acting with or in aid of
any such justice of the peace, constable, or other peace officer, to search
for any copies of such libel in any house, building, or other place
whatsoever belonging to the person against whom any such verdict or judgment
shall have been had, or to any other person so named, in whose possession
any copies of any such libel, belonging to the person against whom any such
verdict or judgment shall have been had, shall be; and in case admission
shall be refused or not obtained within a reasonable time after it shall
have been first demanded, to enter by force by day into any such house,
building, or place whatsoever, and to carry away all copies of the libel
there found, and to detain the same in safe custody, until the same shall be
restored under the provisions of this Act, or disposed of according to any
further order made in relation thereto.
11. Short title given by Short Titles Act 1896 (c. 14), preamble omitted
under authority of Statute Law Revision Act 1890 (c. 33)
Crown Copyright material is reproduced with the permission of the Controller
of HMSO and the Queen s Printer for Scotland
Criminal Libel Act 1819 c. 8
This version in force from: Date not available to present
(version 1 of 1)
2. Copies of libels so seized to be restored if judgment for defendant;
otherwise to be disposed of as the court shall direct.
If in any such case as aforesaid judgment shall be arrested, or if, after
judgment shall have been entered, the same shall be reversed upon any writ
of error, all copies so seized shall be forthwith returned to the person or
persons from whom the same shall have been so taken as aforesaid, free of
all charge and expense, and without the payment of any fees whatever; and in
every case in which final judgment shall be entered upon the verdict so
found against the person or persons charged with having composed, printed,
or published such libel, then all copies so seized shall be disposed of as
the court in which such judgment shall be given shall order and direct.
11. Short title given by Short Titles Act 1896 (c. 14), preamble omitted
under authority of Statute Law Revision Act 1890 (c. 33)
Crown Copyright material is reproduced with the permission of the Controller
of HMSO and the Queen s Printer for Scotland
Criminal Libel Act 1819 c. 8
This version in force from: Date not available to present
(version 1 of 1)
3. Court of justiciary in Scotland to make order for seizing copies of
libels, &c.
Provided always, that in Scotland, in every case in which any person or
persons shall be found guilty before the court of justiciary, of composing,
printing, or publishing any blasphemous or seditious libel, or where
sentence of fugitation shall have been pronounced against any person or
persons, in consequence of their failing to appear to answer to any
indictment charging them with having composed, printed, or published any
such libel, then and in either of such cases it shall and may be lawful for
the said court to make an order for the seizure, carrying away, and
detaining in safe custody all copies of the libel in the possession of any
such person or persons, or in the possession of any other person or persons
named in such order for his or their use, evidence upon oath having been
previously given to the satisfaction of such court or judge, that a copy or
copies of the said libel is or are in the possession of such other person
for the use of the person against whom such verdict or judgment shall have
been had as aforesaid; and every such order so made shall and may be carried
into effect, in such and the same manner as any order made by the court of
justiciary, or any circuit court of justiciary, may be carried into effect
according to the law and practice of Scotland:
Provided always, that in the event of any perso
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