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A New Libel Defense In Canada; For Blogs Too

Posted by kdawson on from the matters-of-public-interest dept.

roju writes "The Globe and Mail reports that the Canadian Supreme Court has created a new defense against claims of defamation, allowing for reporting in the public interest. They specifically included bloggers as eligible, writing: '...the traditional media are rapidly being complemented by new ways of communicating on matters of public interest, many of them online, which do not involve journalists. These new disseminators of news and information should, absent good reasons for exclusion, be subject to the same laws as established media outlets.' and 'A review of recent defamation case law suggests that many actions now concern blog postings and other online media which are potentially both more ephemeral and more ubiquitous than traditional print media. ... [I]t is more accurate to refer to the new defense as responsible communication on matters of public interest.'"

4 of 146 comments (clear)

  1. This doesn't help by bmo · · Score: 4, Interesting

    This doesn't help when you can be sued in England for blogging in Canada or anywhere else for that matter.

    --
    BMO

  2. CBC article has details... by qvatch · · Score: 3, Interesting

    More details on the CBC site(http://www.cbc.ca/canada/ottawa/story/2009/12/22/supreme-court-libel-responsible-journalism-citizen-star.html?ref=rss), including the actual checklist: Excerpt from Supreme Court ruling The defence of public interest responsible communication will apply where: A. The publication is on a matter of public interest and: B. The publisher was diligent in trying to verify the allegation, having regard to: * The seriousness of the allegation; * The public importance of the matter; * The urgency of the matter; * The status and reliability of the source; * Whether the plaintiff's side of the story was sought and accurately reported; * Whether the inclusion of the defamatory statement was justifiable; * Whether the defamatory statement’s public interest lay in the fact that it was made rather than its truth (“reportage”); and * Any other relevant circumstances.

  3. Re:Truth as a defense? by pclminion · · Score: 5, Interesting

    So truth as a defense doesn't count?

    Nope. My wife found this out the hard way this year. She was sued for "defamatory" statements she made in a formal complaint against a board-certified professional. During the court case, which was before a jury, at the plaintiff's insistence, the issue of whether or not the statements were true was not even a topic of discussion. The only thing that mattered, to both the judge and the jury apparently, was whether my wife's comments caused damage to the plaintiff's reputation. Well, of course they did. That's why they are called "complaints." Bam, $5000 judgment against my wife. Could have been worse -- the plaintiff was asking for $75,000. Thank God our homeowners insurance had our ass. We didn't pay a dime.

  4. Re:Truth as a defense? by moeinvt · · Score: 3, Interesting

    "In Ontario I do know that truth is absolutely a defense . . ."

    Apologies for repeating myself, but truth isn't "absolutely a defense" on all questions related to free speech. Apparently it only applies to claims of "libel". Insult a minority and you could find yourself before A "human rights tribunal". Scary.

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