Legal Systems & Concepts Codexery

Blackmail

Criminal coercion using threats, often for personal gain.

Blackmail

Blackmail is a criminal act of coercion using a threat. As a criminal offense, it is defined in various ways in common law jurisdictions, with the United States generally treating it as a crime of information involving a threat to cause embarrassment or financial loss, while the Commonwealth has a wider definition. In popular culture, blackmail typically involves a threat to reveal damaging information unless demands are met.

field
Criminal law
jurisdictions
United States, England and Wales, Northern Ireland, Hong Kong, Australia
known_for
Coercion via threat, often for personal gain
statutory_offense
Yes, in many jurisdictions
etymology
From Scottish Borders term for protection payments

Lore & Background

Blackmail was originally a term from the Scottish Borders meaning payments rendered in exchange for protection from thieves and marauders. The word 'blackmail' is variously derived from the word for mailing (protection racket) paid by English and Scottish border dwellers to Border Reivers. The 'mail' part derives from Middle English 'male' meaning rent or tribute, from Old Norse 'mál' (agreement, speech, lawsuit). This tribute was paid in goods or labour (reditus nigri, or 'blackmail'), as opposed to 'white rent' denoting payment in silver. Alternatively, Mackay derives it from two Scottish Gaelic words: 'blathaich' (to protect) and 'mal' (tribute, payment). In the Irish language, the term 'cíos dubh' (black rent) was used for similar exactions.

Reader's Guide

It is often considered a form of extortion, though the two are generally synonymous; extortion involves taking personal property by threat of future harm, while blackmail includes using threats to prevent lawful occupation, writing libelous letters, or intimidation for debt collection. Some scholars argue blackmail should not be a crime, citing 'the paradox of blackmail': two separate actions that are legally permissible individually become criminal when combined. For example, threatening to expose a crime and requesting money are each legal, but together constitute blackmail. The offense carries punitive sanctions for convicted perpetrators.

Did You Know?

More in Legal Systems & Concepts 1-24

Elsewhere in the Legal Systems & Concepts universe

Spotted an error? Know more?

This is a living reference — every entry is fact-audited, and reader corrections feed straight into our audit queue. Suggest an edit · See this site's audit record

Comments

Loading…
Open in the interactive codex →