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..
Moreover, confirmation of IMSI Catcher use is integral to meaningful debate
on a matter of public interest in Canada while being equally essential to the proper exercise of Canadian privacy rights.»
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.
Elizabeth Loftus of the University of California, Irvine, a current member of the AAAS Board of Directors and a psychologist specializing in human memory, has received the 2016 John Maddox Prize, recognizing «sound science and
evidence on a matter of public interest, facing difficulty or hostility in doing so.»
Sometimes expressing an
opinion on a matter of public interest obviously points to a particular policy outcome, that is, the science and a specific policy are so close, the listener (the public) will not know the difference.
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.
In sum, there is a prima facie case that s. 2 (b) may require disclosure of documents in government hands where it is shown that, without the desired access, meaningful public discussion and
criticism on matters of public interest would be substantially impeded...
«We are very pleased to work with the CCLA by engaging our skills to
focus on matters of public interest and enable access to justice,» said Hugh Wright, McInnes Cooper Partner and Board Member and head of the firm's pro bono committee.
«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.
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
It is about not burdening expression
on matters of public interest with the traditional mechanistic rules of defamation law and the cost and distress of having to fight a case through to trial (not to mention the chilling effects on everyone else with an opinion on the topic.)
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.
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...
First Amendment case law has clearly classified types of speech as being more or less worthy of protection, as restricting speech on purely private matters does not pose the same concerns as limiting
speech on matters of public interest.
At civil law, the website might sue you for making a defamatory statement, but as long as the statement is true, then you are still permitted to make the statement, and even if the statement turns out to be false (that the website turned out to be legal), then the defence of reportage (now known as the defence of
Publication on a Matter of Public Interest, Defamation Act 2013 s. 4) would protect you, since you are arguably spreading information which is in the public interest.
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.
One of the main criticism by the plaintiffs» Bar of Ontario's recent Protection of Public Participation Act was the alleged difficulty for courts of balancing the harm done to the plaintiff by what the defendants said, against the harm that granting the plaintiff a remedy would cause to the value of free expression
on the matter of public interest in issue.
He further submits that his statements are protected by the defences of responsible communication
on a matter of public interest; fair comment; justification; and qualified privilege.
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.
The Supreme Court of Canada recognizes a new defamation defence — the «responsible communication
on matters of public interest» defence.
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.
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.