Page:The Green Bag (1889–1914), Volume 20.pdf/792

 PUBLISHING FALSE NEWS

611

PUBLISHING FALSE NEWS BY JOHN KING, K. C. THE old common law offense of spreading of news, though not scandalous, seditious, false news or tales, which is akin to nor reflective upon the government or the that of libel, is set forth, in a modified form, state, yet if they are writers (as there are in that part of the revised criminal code of few others) of false news, they are indictable Canada which relates to seditious offenses. and punishable upon that account."1 Some old English statutes were enacted in Every one is guilty of an indictable offense and liable to one years' imprisonment, who aid of the common law, and to give it a more wilfully and knowingly publishes any false equitable operation. The first of these is news or tale whereby injury or mischief is, or the Statute Westminster I, 3 Edward I, is likely to be, occasioned to any public c. 34(1275) as follows: "Forasmuch as there interest.1 The offense has been denned as have been oftentimes found in the country "citing or publishing any false news or tales, devisors of tales whereby discord, or occasion whereby discord, or occasion of discord or of discord, hath many times arisen between slander, may grow between the Queen and the King and his people, or great men of the her people, or the great men of the realm (or realm, for the damage that hath and may which may produce other mischiefs)."2 Mr. thereof ensue, it is commanded, that, from Justice Stephen, the author of the definition, henceforth, none be so hardy to tell or pub refers to some authorities,3 but states that lish any false news or tales, whereby discord, the definition is very vague and the doctrine or occasion of discord or slander, may grow between the King and his people, or the great exceedingly doubtful. The precise common law limit of the men of the realm; and he that doth so shall offense of spreading false news is not easy be taken and kept in prison until he hath to determine, but it seems to have been brought him into the Court which was the originally an offense against the sovereign first author of the tale." and government and their protection and According to Lord Coke (2 Inst. 226, 227) safety, and to have been extended to the there were, prior to this enactment, in the stirring up of quarrels among the people. reign of Henry III, two classes of persons During the trial of a cause, in 1680, Scroggs, who were the authors, in two several de C. J., said: "It is not long since that all the grees, of great discord and scandal. The judges met by the King's command, as they first were the inventors, and the second the did sometime before, too, and they both propagators, of false rumors which frequently times declared unanimously that all persons kindled discord and scandal, .sometimes that do write, or print, or sell, any pamphlet between the King and his commons, and that is either scandalous to public or private at other times between the King and his persons, such books may be seized, and the nobles, the great men of the realm, and so, persons punished by law; that all books which by causing private discontent, produced are scandalous to the government may be the public discord and scandal mentioned seized, and all persons so exposing them may in the statute. This scandal and discord be punished. And, further, that all writers appeared in many parliaments, and espec ially in the two parliaments of 21 Henry III, 1 R. S. C., 1906, c. 146, s. 136. when Magna Charta was confirmed, and 2 Steph. Dig. C. L., 3d. Ed., Art. 95, p. 66. of 42 Henry III, held at Oxford, "which, ' R. v. Burdett (1820), 4 B. & A. 95; R. ». Harvey (1823), 2 B. & C. 257; 3 Edw. I, c. 34; Starkie on Slander, by Folkard, 670-2.

' R. v. Harris (1680), 7 How. St. Tr. 929.