Law
Brian Burke says anonymous bloggers have deliberately set out to ruin his good name. As his defamation suit against those bloggers goes forward, perhaps it is time to begin a discussion about whether internet anonymity should be restricted, writes J-Source law editor Thomas Rose.
Quebec is the latest jurisdiction to issue a protocol on the use of electronic devices by reporters and lawyers inside a courtroom, sparking some heated but predictable responses. Is this a violation of a citizen's right to stay informed? Does it impinge freedom of expression? Does it tarnish the principle of a fair and open trial?
As of Monday, no one will be able to email, tweet or text from inside Quebec courtrooms without the consent of the judge. The move runs contrary to recent changes made in Ontario, B.C., Saskatchewan, Newfoundland and Labrador, where the courts sanctioned the use of electronic devices by lawyers and journalists during court proceedings.
A journalist in the rural community of Clinton, Ont. claims a local councillor tried to have her banned from covering council meetings, a subject the Ontario Ombudsman deemed illegal for an in camera meeting. If the allegation is true, it would constitute an attack on the Charter-guaranteed right to freedom of the press, says one journalism expert.
The Canadian Civil Liberties Association has asked Fredericton police for an explanation of why a local blogger, Charles LeBlanc, is being investigated under the little-used law of criminal libel. In a Feb. 1 letter, the group seeks an explanation of why LeBlanc, "apparently a vocal critic of the police force," had his computer seized during a search of his home. The group points out that courts in at least three provinces -- Ontario, Saskatchewan and Newfoundland and Labrador -- have struck down the Criminal Code's libel provisions as a violation of the constitutional guarantee of freedom of expression.
Read the CBC report, which includes the text of the letter.
It has been almost two years since the Supreme Court of Canada created the libel defence of responsible communication on matters of public interest -- long enough for at least three courts to weigh in on what journalists must do to meet its criteria. In this column in the upcoming issue of the CAJ's Media magazine, J-Source's law section editor Dean Jobb explores how the new defence is being interpreted.
An Ontario judge has tossed a libel action against three political bloggers, arguing that web-based political discussions are forums for “the parry and thrust” of vigorous debate and participants whose reputations have been attacked should fight back with words, not legal action.
News
The new responsible journalism defence has helped an Ontario news website defeat a libel action launched by a man named in a police fraud alert. In one of the first applications of the defence (created by the Supreme Court of Canada in 2009), a jury ruled SooToday.com acted responsibly when it published the alert, even though it contained erroneous information about a man with a criminal record for fraud.
The case shows that journalists must make serious efforts to verify a story before publication, in order for the defence to apply. SooToday, an independent web-only news outlet in Sault Ste. Marie, consulted more than 20 sources, commissioned an independent accounting analysis that cast doubt on the man’s investment scheme, and made efforts to locate him for comment.
Read the SooToday.com story on the case.
Journalists and the Law
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