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
Not exact matches
Whether the UK would seek to replicate these aspects in a future relations agreement would be a
matter of public interest and debate.
Whether or not he pays the same taxes as everyone else is thus a
matter of profound
public interest.
A libel trial involves findings
of defamation as well as consideration
of the defenses potentially applicable to each
of the publications, including justification, fair comment, and
whether the publications are protected by the defence communication on a
matter of public interest.
Smith J. assessed a number
of blog posts by Levant, and determined
whether he could rely s. 2 (b)
of the Charter, or on a number
of established defences, including justification, fair comment, qualified privilege, or the Grant defence
of responsible communication on a
matter of public interest.
Ontario Crowns maintain the policy
of bringing charges regardless
of whether the alleged victims want to or not, seeing this as in the
public's
interest in fighting a
matter of public concern.
In respect
of (2), the Court
of Appeal reiterated the test to establish the defence
of fair comment, being: (a) the comment must be on a
matter of public interest; (b) the comment must be based on fact; (c) the comment, though it can include inferences
of fact, must be recognisable as comment; (d)
whether the person honestly express that opinion on the proved facts; and (e)
whether the defendant was actuated by express malice.
Defamation and Qualified Privilege 3
Public participation constitutes an occasion of qualified privilege and, for that purpose, the communication or conduct that constitutes the public participation is deemed to be of interest to all persons who, directly or indirectly, a) Receive the communication, or b) Witness the conduct 4 Any qualified privilege that applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter applies regardless of whether the communication is witnessed or reported on by media representatives or other pe
Public participation constitutes an occasion
of qualified privilege and, for that purpose, the communication or conduct that constitutes the
public participation is deemed to be of interest to all persons who, directly or indirectly, a) Receive the communication, or b) Witness the conduct 4 Any qualified privilege that applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter applies regardless of whether the communication is witnessed or reported on by media representatives or other pe
public participation is deemed to be
of interest to all persons who, directly or indirectly, a) Receive the communication, or b) Witness the conduct 4 Any qualified privilege that applies in respect
of an oral or written communication on a
matter of public interest between two or more persons who have a direct interest in the matter applies regardless of whether the communication is witnessed or reported on by media representatives or other pe
public interest between two or more persons who have a direct
interest in the
matter applies regardless
of whether the communication is witnessed or reported on by media representatives or other persons.
A quote from the reasons delivered by Chief Justice Beverly McLachlin in Cusson: «The judge decides
whether the publication was on a
matter of public interest.
His lordship therefore considered
whether or not the residual S and M behaviour and other admitted aspects
of what took place during the event could be said in themselves to be
matters of legitimate journalistic investigation or
public interest.
3
Public participation constitutes an occasion of qualified privilege and, for that purpose, the communication or conduct that constitutes the public participation is deemed to be of interest to all persons who, directly or indirectly, a) Receive the communication, or b) Witness the conduct 4 Any qualified privilege that applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter applies regardless of whether the communication is witnessed or reported on by media representatives or other pe
Public participation constitutes an occasion
of qualified privilege and, for that purpose, the communication or conduct that constitutes the
public participation is deemed to be of interest to all persons who, directly or indirectly, a) Receive the communication, or b) Witness the conduct 4 Any qualified privilege that applies in respect of an oral or written communication on a matter of public interest between two or more persons who have a direct interest in the matter applies regardless of whether the communication is witnessed or reported on by media representatives or other pe
public participation is deemed to be
of interest to all persons who, directly or indirectly, a) Receive the communication, or b) Witness the conduct 4 Any qualified privilege that applies in respect
of an oral or written communication on a
matter of public interest between two or more persons who have a direct interest in the matter applies regardless of whether the communication is witnessed or reported on by media representatives or other pe
public interest between two or more persons who have a direct
interest in the
matter applies regardless
of whether the communication is witnessed or reported on by media representatives or other persons.
He concluded that the test to be applied when considering
whether it was necessary to restrict freedom
of expression to prevent disclosure
of information received in confidence was not simply
whether the information was a
matter of public interest but
whether, in all the circumstances, it was in the
public interest that the duty
of confidence should be breached.
«[I] n determining
whether to enforce the terms
of a contract
of adhesion, courts have looked not only to the take - it - or - leave - it nature or the standardized form
of the document but also to -LSB-(1)-RSB- the subject
matter of the contract, -LSB-(2)-RSB- the parties» relative bargaining positions, -LSB-(3)-RSB- the degree
of economic compulsion motivating the «adhering» party, and -LSB-(4)-RSB- the
public interests affected by the contract.»
One
matter of interest that was explored during a highly informative panel on civic participation and e-voting, raised the question
of whether public sector Privacy Impact Assessments should include a mandatory... [more]
When considering
whether it is necessary to restrict freedom
of expression to prevent disclosure
of information received in confidence, the test is not simply
whether the information is a
matter of public interest but
whether, in all the circumstances, it is in the
public interest that the duty
of confidence should be breached.
And
whether matters such as
public interest and legal ethics are unconnected to any «bargain» but just an inherent part
of what makes us «lawyers».
Any qualified privilege that applies in respect
of an oral or written communication on a
matter of public interest between two or more persons who have a direct
interest in the
matter applies regardless
of whether the communication is witnessed or reported on by media representatives or other persons.
In determining
whether to take action, the ACCC gives enforcement priority to
matters that demonstrate one or more
of a range
of factors such as
whether the conduct is
of significant
public interest or concern, is conduct resulting in a substantial consumer (including small business) detriment, is unconscionable conduct, particularly involving large national companies or traders, or is conduct demonstrating a blatant disregard for the law.
Indeed, while Spotify continues to test out the waters for what kinds
of ventures may do best on its music distribution platform — there is also the
matter of Spotify for Business, another B2B - style effort for offering Spotify streaming in
public venues, where Spotify also doesn't get a cut
of anything — it will be
interesting to see
whether it eventually decides to take some
of this kind
of activity, and the money to be made from it, into its own hands down the line.