Getting Sued for Libel

What is Libel?
 Libel:
The written or broadcast act of defamation.

 Defamation:
An attack on the good reputation of a person,
by slander or libel. This is a civil offence.

 Slander:
Verbal or spoken defamation.
Things to remember about libel
 It doesn’t matter what kind of publication,
including online blogs.
 If you give enough details to identify
someone, you can still be sued for libel, even
if you don’t use a name.
 You can be sued for libel for repeating
defamatory comments. This includes Letters
to the Editor, where the writer, editor and
owner of the publication can all be sued for
libel.
Corporations

 Corporations can’t sue you for libel, but an

individual from a corporation can, if they can
show the they were damaged personally.

and

 A group of members of a corporation can

collectively sue you.
Defences
 Truth
 Fair comment
 Consent
 Absolute privilege
 Qualified privilege
 There were no damages to reputation

New!: Responsible communication in the public

interest (public interest for short)
Absolute Privilege

 In courts of law, provincial legislatures and

the House of Commons, people have an
absolute privilege to speak without fear of
being sued for libel.
 You, as a reporter, are granted permission to
report on what happened. So, you can repeat
potentially slanderous comments, verbatim,
and still be protected.
Note: Absolute Privilege is about locale

 You can quote an MLA saying something

defamatory in the Chamber, but not outside
on the steps.
List of places of absolute privilege

 Court proceedings
 Tribunals
 Parliament and legislatures
 Meetings of city councils, school boards,
police boards, regional boards.
Qualified privilege

 Reports of parliamentary proceedings (i.e.

Hansard)
 Reports of Judicial proceedings (i.e. online
rulings, but remember not to publish items
not discussed in open court).
Fair Comment

 It has to be an opinion, not fact

 It has to be based on accurately reported
facts.
 The comment was not motivated by malice.
 The comment has to be reasonable (you
have to convince a judge or jury that
someone could honestly believe the
comment).
Public Interest (Yay!)

 Has two components:

1. Responsible communication
2. Public interest (affects the welfare of the
citizens.)

Unlike privilege, it is not the locale, but the

substance that gives your defence.
Responsible communication:

 The more damaging the statement, the more

seriously the reporter has to try and
determine the accuracy.
 The reporter must not act in malice (but
critical tone is fine).
 The reporter has to make sure the sources
are reliable and do not have an agenda.
 The person being attacked must be given a
chance to respond.
A few things that qualify as public
interest:
 The private lives of politicians as it pertains to their
duties. (but not “mere curiosity or prurient
interest”).
 Political matters
 Church matters
 Critiques of court processes (after trial has
ended).
 Management of hospitals and prisons
 Corporate behaviour that invites comment or
challenges public opinion
You can now report on accusations

 The public interest defense opens up the

permission to report on an accusation simply
because the accusation itself is newsworthy.
You no longer have to prove the truth of the
accusation before you report on it.
Best Practices
 Try to understand both sides, and act without
malice, keeping the community’s interests in mind.
 Allow a person to respond to criticisms.
 Check the details, and make sure you write the
headline and cutlines, etc, ahead of time.
 Be wary of sources with agendas or axes to grind.
 For more serious accusations, take more time.
 Have a lawyer review your work.
 Apologies go a long way!