Tuesday, December 22, 2009

"Responsible communication" as a libel defence: Supreme Court of Canada

Toronto Star,

In a landmark ruling on freedom of expression, the Supreme Court of Canada has created a new legal defence to libel lawsuits that would shield journalists who fairly and responsibly report stories of public interest.

The new defence, dubbed “responsible communication” by the country’s top court, gives greater protection to broadcasters, writers and bloggers who do a form of reporting due diligence.

It is a huge legal victory for the Toronto Star, which along with a broad coalition of Canadian media outlets, and the Canadian Civil Liberties Association, had called for just such a defence.

The decision breaks new ground for Canadian common law, bringing it in line with decisions in Australia, New Zealand, South Africa and the United Kingdom.

CBC News (with video),

Two Ontario newspapers will get new libel trials, the Supreme Court of Canada has ruled, opening the door for journalists to defend themselves against libel using the defence of “responsible journalism.”

The Ottawa Citizen and the Toronto Star launched appeals under rules for the possible new defence that were outlined by the Ontario Court of Appeal two years ago.

Read the full SCoC decision here.

[Via http://kempton.wordpress.com]

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