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The ordinary blackmailer normally threatens to do what he has a perfect right to do namely, communicate some compromising conduct to a person whose knowledge is likely to affect the person threatened.
[...] What he has to justify is not the threat, but the demand of money.
A blackmailer who threatens to publish a defamatory statement of and concerning an individual may be liable to be sued after the regulations of the Defamation Act 2013.
Offenders of defamation may be taken to court if serious harm is done to the victim.
The gravamen of the charge is the demand without reasonable or probable cause: and I cannot think that the mere fact that the threat is to do something that a person is entitled to do either causes the threat not to be a "menace" [...] or in itself provides a reasonable or probable cause for the demand.
Words or conduct which would not intimidate or influence anyone to respond to the demand would not be menaces ...
The offence created by section 17(1) of the Criminal Justice (Public Order) Act, 1994 is described by the marginal note to that section as "blackmail, extortion and demanding money with menaces".
Section 87(3) provides that a person guilty of blackmail is guilty of an indictable offence and liable to level 4 imprisonment (15 years maximum).
The word is variously derived from the word for tribute (in modern terms, protection racket) paid by English and Scottish border dwellers to Border Reivers in return for immunity from raids and other harassment.
The "mail" part of blackmail derives from Middle English male, "rent, tribute".
The offence of blackmail is created by Part 6B Section 172 of the Criminal Law Consolidation Act 1935.
Section 172 provides that a person who menaces another intending to get the other to submit to a demand is guilty of blackmail, and may be subject to imprisonment (a maximum of 15 years for a basic offence or a maximum of 20 year for an aggravated offence).
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Section 29(1)(i) made it felony for a person to utter, knowing the contents thereof, any letter or writing demanding of any person with menaces, and without any reasonable or probable cause, any property or valuable thing.