Sentences with phrase «law of defamation»

In terms of where the law is heading, my personal preference is for the common law of defamation to require knowledge of particular words for publication.
Would the Canadian law of defamation produce the same result?
He will evaluate possible claims, and when necessary bring suit, and guide your case through the complex law of defamation.
The black - letter law of defamation does a pretty good job filtering the wheat from the chaff in most cases.
Some judges have been able to use wide interpretation of rules of procedure to work around the loss of the law and to try to protect expression rights, but the common law of defamation acts against the practice.
It has been said that strong laws of defamation support the credibility of the press, in part because it makes the press work harder to check their stories, and in part because the readers think «if they were not very sure of that, or if they did not have good evidence of that, they would not dare print it.»
Those who publish statements should assume a reasonable level of responsibility... 141 In conclusion, in its application to the parties in this action, the common law of defamation complies with the underlying values of the Charter and there is no need to amend or alter it.
«The law of defamation provides an important tool for protecting an individual's reputation from unjustified attack.
It is only when the words used reach the level of genuinely threatening a person's actual reputation that resort to the law of defamation is available.
The case illustrates the type of situation where «the law of defamation provides an important tool for protecting an individual's reputation from unjustified attack.»
According to the report, the panel was «not prepared to recommend a blanket prohibition on such suits as part of the law of defamation, however.
The law of defamation is quite clear that communicating defamatory remarks to one person other than the person defamed is publication and can lead to legal consequences.
The law of defamation clearly applies to all social media postings.
The law of defamation protects an individual or company's reputation and good name against communications that are derogatory and fabricated.
The law of defamation is concerned with the protection of personal reputation on one hand and the societal protection of freedom of expression on the other hand.
The law of defamation provides for the defences of fair comment and of qualified privilege in appropriate cases.
In recent years, common law countries have been reforming the law of defamation.
The law of defamation aims to protect reputation while not unduly inhibiting free speech.
The law of Defamation continues to be one of the most technical areas of law, with special limitation periods, notice pre-conditions to the commencement of proceedings, special rules of pleading and evidence, and reverse onuses of proof.
(I distinguish privacy interests from reputational interests protected — to some extent — by the law of defamation.)
I simply can not see that the law of defamation is unduly restrictive or inhibiting.
Thus the Ontario Court of Appeal in Barrick v Lopehandia 2004 CanLII 12938 issued an injunction against further defamation, in part because of the Internet's character as «potentially a medium of virtually limitless international defamation» (the Court quoted Matthew Collins, The Law of Defamation and the Internet.)
Additionally, at para 6 a deep hyperlink was described: «deep hyperlink, which takes the reader directly to an article» (this definition from Collins, Law of Defamation and the Internet 3rd ed.)
There is no express indication in the PHA that Parliament intended the provisions of the PHA to abrogate the rights conferred by article 10, or to change the law of defamation, which is, by necessary implication, involved in any consideration of the scope of the legitimate restrictions which may be placed by a contracting state on the rights conferred by article 10.
The challenge therefore is to strike the correct balance between the offence of harassment and freedom of expression: the PHA makes no express provision about either Article 10 or the law of defamation.
However, its name made it momentarily relevant to this list, and the law of defamation overlaps with the law of e-communication pretty frequently, so here we are.
The are also still subject to the law of defamation, though a number of defences are available in defamation that almost certainly would protect the above editorial.
* Howard Winkler is a Toronto lawyer who specializes in the law of defamation and reputation management.
She wrote: «The law of defamation still exists to give protection to lawyers who are unfairly subject to criticism by their colleagues.
While there might be no specific intention to publish defamatory material, there is a relevant intention by the newsagent to publish the newspaper for the purposes of the law of defamation.
The law of defamation seeks to address the problems associated with negative communications with respect to a person's character.
«The law of defamation in Canada is based on the English common law and is, therefore, more plaintiff oriented than defamation law in the United States.
In doing so, the judge clarified the law of defamation and made clear that certain types of statements about an employee and his or her work performance can not be the subject of a defamation claim.
The law of defamation is a very technical, complex area of law.
Lots of people don't seem to understand that the laws of defamation apply to online comments.»
The court said the traditional approach to the law of defamation — which favours the protection of a person's reputation over robust debate about public issues — is out of sync in a country such as Canada that values freedom of expression.
Projects are led by specialist lawyers who are experienced at handling disputes and who understand how to effectively use the laws of defamation, reputation management, breach of confidence and privacy to your advantage.
«The defence is plainly intended to shift the law of defamation away from its rigid reputation - protection stance to freer and more open discussion on matters of public interest and should be interpreted accordingly,» said Sharpe, who was also writing on behalf of Justices Karen Weiler and Robert Blair.
In each case, unfettered political speech and forensic advocacy represent such fundamental values that they should not be constrained by the laws of defamation.
The Law Commission of Ontario is reviewing the law of defamation generally, with particular attention to how it applies to Internet publications.
I am not satisfied that the evidentiary record before us is sufficient to decide these questions, which have broad implications for the law of defamation.
The law of defamation is essentially aimed at the prohibition of the publication of injurious false statements.
[26]... Brown's The Law of Defamation in Canada (2nd ed.
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