Thus, the Broker argued that it could not be liable for violations of the Consumer Protection Act for since the seller's disclosure form did not «affect
matters of public interest,» a requirement for alleging a violation of the Consumer Protection Act.
Communicated valuable information to listeners in case of emergencies and / or other
matters of public interest
Responded to guest inquiries about hotel services, checkout times, the local community and other
matters of public interest
UpGuard Inc. presents these findings as a good - faith analysis and technical contribution to the ongoing conversation around these matters, which concern
matters of public interest - in the United States, Canada, the United Kingdom, and the European Union.
The First Amendment protects the right to gather information about what public officials do on public property, and specifically, a right to record
matters of public interest
Essentially, the Supreme Court of Canada, after recognizing the competing interests of protecting one's reputation and freedom of expression in today's electronic world, created a new defence which is specifically stated to promote responsible dialogue on
matters of public interest.
Bill 52 in Ontario, The Protection of Public Participation Act, 2015, was instituted following the 2010 recommendations by the Anti-SLAPP Advisory Panel to protect freedom of speech on
matters of public interest.
It may be thought that this Court of Appeal decision on Rule 20 confirms the Panel's view, since the analysis does not permit any role to a value judgment on the benefits of public discussion of
matters of public interest.
When can the defence of responsible communication on
matters of public interest be applied?
the case must involve
matters of public interest that are truly exceptional and must also have a significant and widespread societal impact
As recently pointed out in Grant v. Torstar Corp., 2009 SCC 61, [2009] 3 S.C.R. 640, the protection attaching to freedom of expression is not limited to the «traditional media», but is enjoyed by «everyone» (in the words of s. 2 (b) of the Charter) who chooses to exercise his or her freedom of expression on
matters of public interest whether by blogging, tweeting, standing on a street corner
Although the new anti-SLAPP provisions were created to encourage individual expression and broad participation on
matters of public interest, there have been concerns that it would be misused to squelch legitimate defamation claims under the guise of public discourse.
The panel recommends that Ontario adopt anti-SLAPP legislation to protect the freedom of the public to participate in
matters of public interest:
«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.
This decision provides a thorough overview of defamation law related to media publications in Canada, and represents the most current application of the defence of Responsible Communication on
Matters of Public Interest established by the Supreme Court of Canada in Grant v. Torstar Corp.The Findings The Court analyzed defences which included Qualified Privilege (where there is a duty or pressing need to disclose information), Justification (where the defendant establishes that the statements were substantially true), and Responsible Communication on
Matters of Public Interest.
In these cases, important
matters of public interest can be brought to court by external interested parties or civil advocacy organizations.
(d) to reduce the risk that participation by the public in debates on
matters of public interest will be hampered by fear of legal action.
Prevention of Proceedings that Limit Freedom of Expression on
Matters of Public Interest (Gag Proceedings)
The significance of the Grant v. Torstar Corp 2009 SCC 61 («Grant») decision rests principally with the creation of a new defence of responsible communication on
matters of public interest to a defamation cause of action.
Accordingly, while elected municipal officials may be quite free to discuss
matters of public interest, they must act as would the reasonable person.
To date, modifications made by Canadian courts have been entirely in the area of defences (i.e., introducing a «responsible communication on
matters of public interest» defence7 and expanding the availability of the fair comment defence8).
An individual's reputation is not to be treated as regrettable but unavoidable road kill on the highway of public controversy, but nor should an overly solicitous regard for personal reputation be permitted to «chill» freewheeling debate on
matters of public interest.
... [M] uch of BC's deregulation goes too far in handing over what are essentially
matters of public interest to those employed by industry.
Both private and public communication can involve expression on
matters of public interest.
We also believe that the powers of the state should not be used to silence expression or advocacy on
matters of public interest, even where the position being advocated for is unpopular or outside of the mainstream.
Public interest When viewed in this context, it can immediately be seen just how implausible it is when media defendants retrospectively attempt to categorise stories as
matters of public interest when they are plainly anything but.
I am not a specialist, but wouldn't the Premier's own Bill 83 — An Act to encourage participation on
matters of public interest and to dissuade persons from bringing legal proceedings that interfere with such participation — make it difficult to obtain a remedy in a case like this one?
[33] I therefore find that the laws of defamation including the defence of responsible communication on
matters of public interest apply to the articles written by Levant and posted on his internet blog.
Applicability to Blogs [31] At paragraphs 96 and 97 of the Grant v. Torstar, supra, decision, the Supreme Court held that the new defence of responsible communication on
matters of public interest was applicable to blog postings and other online media.
The news media are defined as those who are regularly engaged in the reporting and publishing of news or information about
matters of public interest.
There is no evidence that the respondent's intention is to inform the public on
matters of public interest.
But are they necessarily
matters of public interest?
The Supreme Court of Canada recognizes a new defamation defence — the «responsible communication on
matters of public interest» defence.
A free press is essential to the airing of
matters of public interest.
Principally, the growing fear of having privately constituted arbitral tribunals decide disputes in a manner that exposes host States to legal and financial risks and in a way that might negatively impact the host States» sovereign right to regulate
matters of public interest merit due consideration and attention.
However, it is not intended to stifle debate on
matters of public interest nor to compensate for every perceived slight or to quash contrary view points, no matter how ill - conceived.
-- «However, it is not intended to stifle debate on
matters of public interest» — This seems to be the thrust of the Judges argument
«English libel law is so intimidating, so expensive, so hostile to serious journalists that it has a chilling effect on all areas of debate, silencing scientists, journalists, bloggers, human rights activists and everyone else who dares to tackle serious
matters of public interest.»
The requirement limited the circumstances in which media defendants could rely on the common law legal defense of «fair comment on
matters of public interest,» and it restricted the right to freedom of expression.
It is the right of every man, in Parliament or out of it, in the Press or over the broadcast, to make fair comment, even outspoken comment, on
matters of public interest.
SERAP said: «We are pleased to accept the invitation from the Senate President to visit the National Assembly to discuss
matters of public interest following SERAP's letter to Saraki to disclose details of salaries and allowances of members of the Senate,».
The Chief Justice of Nigeria, Walter Onnoghen, on Monday, warned judicial officers to refrain from commenting on
matters of public interest on social media, stressing that...
'' [This bill] creates a framework of principles rather than a rigid and inflexible code, and it seeks a fair balance between reputation and public information on
matters of public interest.»
«SERAP believes that the recoveries, specifically from high - ranking public officials (and not private individuals), are
matters of public interest.
To understand the black preachers» lofty status among their own people and how they nurtured authentic participation with the majority on
matters of public interest, one must understand how the black preacher has played the role of double agent or dual interpreter.
has been a theme of mine... meaning that my gender identity is not really
a matter of public interest....
Whether the UK would seek to replicate these aspects in a future relations agreement would be
a matter of public interest and debate.
The fact that he interacts with donors or potential donors is, therefore,
a matter of public interest and concern.»
There had been speculation that the business secretary would use his powers to prevent the takeover after consultation with media watchdog Ofcom as
a matter of public interest if it was thought the takeover would damage the plurality of the industry.
The Lawyers in an official letter addressed to members of the 5 - member ad - hoc committee tasked to investigate the alleged scandal, said: «we have been instructed by our client to convey to you, which we hereby do, his desire to appear before your committee to be heard on the above allegation and to provide evidence that would assist your Committee to reach a fair and true conclusion on this substantially important
matter of public interest.»