Why is blackmail illegal?

[nigelloring]

http://en.wikipedia.org/wiki/Blackmail

[ScottieK]

To protect the politicians that voted it into law [img]/images/graemlins/wink.gif[/img]

ScottieK

[guesswest]

Because it's not nice?

[Piers]

“Give me the money in the till or I will kill your” Said with some firearm that happens to be legal due to daft gun laws.

I do not see why this should be outlawed. As long as the gun is not fired or any other damage to property or person is done. Indeed if any one is breaking the law it should be the individual at the check out, if he steels money from his employers to give to you.



Oh and just because this is after all the internet [img]/images/graemlins/laugh.gif[/img]

[Borodog]

That's not blackmail. That's armed robbery.

Blackmail should not be illegal. And without knowing any of the details, I am almost positive that ScottieK's answer is historically correct.

[ScottieK]

Well it was a good guess.

Seriously, the blackmailer is seeking to force someone to do something against their will (pay money, do something, whatever) with threat of harm. That's called extortion. Since it's harm to that person's reputation by publicizing statements (true or otherwise,) it's called blackmail....although the original term more accurately described a common extortion racket. Ill gotten gains and all that.

If blackmail were legal, there would be an unmitigated s##%storm of unsubstantiated or outright false claims against corporations, politicians, and God knows what else. I think frivolous lawsuits are blackmail, and we're finally getting around to discouraging those.

Revealing the truth about someone isn't illegal. Seeking to gain from threat of revealing that truth, thankfully, is illegal.

ScottieK

[Borodog]

You make a good argument, but I still don't think it can be morally justified.

Let's say that you had an affair, and I became aware of it. I could just tell your wife and ruin both your lives, and I would be no better off.

I could of course keep my mouth shut, but I'd be no better off.

Or I could blackmail you. You get to keep your wife and marriage and half your stuff, your wife gets to retain her blissful ignorance, and I am financially better off.

I think clearly the third option is best. Furthermore, you neglect the effect that fear of blackmail may have in detering bad, blackmailable, behavior.

Now, I do believe that continuous blackmail rackets are actionable. In otherwise, if we come to an agreement, you pay me and i agree to keep your secret, and then I come and shake you down again, I've violated our contract. You can refuse to pay and if I tell, you can file suit against me to regain the money I fraudulently blackmailed from you. You can use it to pay your divorce lawyer.

[guesswest]

I think you're overlooking the fact that blackmail is illegal because most people find it morally repugnant.

But setting that aside, there is no 'contract' in blackmail, persons will not be willing to report violations of supposed contract by a blackmailer out of precisely the same fear of public exposure which sees them suitable for blackmail in the first place. And there are loads of other social problems with it too - corruption is one, we already have enough public figures doing 'favors' for those with compromising info on them without legally sanctioning the process.

[Piers]

In my example you’re threatening to do something illegal, while with blackmail you are not necessarily threatening to do anything illegal.

So what difference does that make?

[Borodog]

[ QUOTE ]
I think you're overlooking the fact that blackmail is illegal because most people find it morally repugnant.

But setting that aside, there is no 'contract' in blackmail, persons will not be willing to report violations of supposed contract by a blackmailer out of precisely the same fear of public exposure which sees them suitable for blackmail in the first place. And there are loads of other social problems with it too - corruption is one, we already have enough public figures doing 'favors' for those with compromising info on them without legally sanctioning the process.

[/ QUOTE ]

Of course there is a contract. You could argue duress invalidates it, but since the "threat" is not a threat of physical force, all you're really presenting the blackmailed person with is a simple EV decision. Keep my marriage, or keep $10,000? It's not like there's a gun to you head.

I think you're wrong about it being illegal because most people find it morally repugnant. There are plenty of things that the majority of people find morally repugnant that shouldn't be illegal. Supposedly the government exists to protect the minority from the majority, doesn't it?