"responsible communication" against #libel suits
[excerpt]
CBC.ca
New libel defence allowed: Supreme Court
2 publications fighting $1.5M, $100K libel awards
Canada's highest court ruled Tuesday in two decisions that publishers can
escape liability if they can show that they tried to verify the facts and
the published material is a matter of public interest.
The decision was prompted by appeals from two Ontario newspapers — the
Ottawa Citizen and the Toronto Star. On Tuesday, the Supreme Court ordered
new trials for both of them in light of the new defence available to them.
Journalists across Canada, as well as bloggers, can now use the defence of
"responsible communication on matters of public interest" as a defence
against libel.
However, in order for them to do so, a judge must confirm to the jury that
the published material relates to a matter of public interest.
The judge may also rule out the use of the "responsible communication"
defence if the case does not meet the criteria outlined in a checklist
issued as part of the rulings.
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