No.21 Like other cherished freedoms long thought inherent in our unwritten British Constitution, the right to freedom of expression quickly evaporates when the courts are asked to protect it. Publishing an honest opinion can lead to a ruinously costly libel action. Modern libel law originated at the end of the eighteenth century in the determination of the government to stifle the freedom of those who wished to argue the issues raised by the French Revolution. Libel law, along with sedition, was the legal mechanism used to suppress dissent. Its most important features have remained unchanged since the early nineteenth century.
Liability is absolute.
It makes no difference that those involved in communicating a libellous statement have acted in perfect good faith, have no intention of doing harm, or even lack any knowledge whatsoever of what is being communicated. Nor does the plaintiff have to prove any loss. Ostensibly, the purpose of a libel action is to seek redress for damage to reputation. But good reputation is presumed and the defendant is not allowed to call evidence to the contrary. This is the question the jury had to answer in the case of two Russian journalists, one of whom wrote a letter to a newspaper and ended up with a bill for more than 250,000.