New libel defence allowed: Supreme Court (Good news for journalists and bloggers!)

[Spazito]

The Supreme Court of Canada has opened the door for journalists to use the defence of "responsible communication" against libel suits.

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.

more

http://www.cbc.ca/canada/ottawa/story/2009/12/22/supreme-court-libel-responsible-journalism-citizen-star.html

[daleo]

1. We'll see how this develops

Warren Kinsella was ambivalent, as am I. On the one hand, it may address the sort of libel chill that people like Conrad Black had been taking advantage of. Yet I worry that Fox news types may use this to slander enemies of the right.

[Spazito]

2. I find the criteria attached to the decision to be narrow enough..

to think Fox news types will not meet with success.

Excerpt from Supreme Court ruling
The defence of public interest responsible communication will apply where:

A. The publication is on a matter of public interest

and:

B. The publisher was diligent in trying to verify the allegation, having regard to:

The seriousness of the allegation;
The public importance of the matter;
The urgency of the matter;
The status and reliability of the source;
Whether the plaintiff's side of the story was sought and accurately reported;
Whether the inclusion of the defamatory statement was justifiable;
Whether the defamatory statement’s public interest lay in the fact that it was made rather than its truth (“reportage”); and
Any other relevant circumstances

[daleo]

3. These two seem important

The status and reliability of the source;
Whether the plaintiff's side of the story was sought and accurately reported;

They should help with the "some people say" construction beloved of the cable news types.

[Spazito]

4. Yep, Fox News and it's ilk would be hard pressed, imo, to even come close...

to meeting the criteria while REAL journalists and responsible investigative bloggers who often already adhere to the criteria will have protection from attempts to gag them with the threat of a libel suit. I am very proud of our Supreme Court for this, it is truly 'judicious' imo.