Too Much and Too Little Libel Law
They have no “yellow
journalism” in England. The libel laws make it too precarious enterprise
[sic]. Damages take off all the profits and frequent imprisonment
makes it too uncomfortable to the responsible individuals.
An interesting instance was recently
displayed. A newspaper heard that certain children were being cruelly
treated by the man who had adopted them. It investigated the report
and found it true. It published the results of its investigation.
The proprietors of the journal were promptly arrested and punished.
Then the adopted parent was tried and found guilty. The story was
true. The newspaper article led to the relief of the children and
the punishment of their oppressor. But the proprietors paid a severe
penalty for bringing about these desirable results through the publication
of the facts. Not long ago a London journal insinuated that the
obstructive contingent in parliament was actuated by mercenary motives.
The editor and publisher were brought before the bar of the house
and compelled to apologize in the most abject terms.
Under English libel law the New York
Times which opened the campaign against Tweed would have been compelled
to pay heavy damages and its publishers and writers would probably
have been imprisoned. Nast would have been sent to jail. The newspapers
now attacking Richard Croker and the chief figures in the government
of New York city [sic] would suffer heavy financial penalties and
their writers and cartoonists would be behind the bars. The Philadelphia
press would not dare reveal the corruption prevailing in the Quaker
city.
With truth no defense the grossest
abuses may continue without the enlightenment of the public regarding
them which would lead to their correction. However, this is not
to be construed as defense of the license under which “yellow journalism”
enjoys immunity. Yet the blame cannot be placed wholly upon individuals
or the law. There would be no panderers if the taste did not exist.
The “yellow” journalist points to his mountain of circulation books
to prove that he merely supplies what the public demands. There
is a public appetite. Otherwise there would be no “yellow” journals
with circulations leading all the rest.
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