New and important legal ruling on defamation !

[newsjunkie11]

Dear Forum:

Take note that whatever you say on this forum, can and will be used against you in a court of law ! By the way, use of an "alias" or "pen-name" does not absolve you (or the website owners) of "legal" responsibility ? (due to your own "irresponsible" and/or foolish comments).

Meanwhile, my previous comments made about Al Davidson and his drunkenness while working on the job still stand, and I won't retract the comments.

The following article was quoted from CTV.ca

merry christmas to all from k-town...


-NJ11



Top court upholds 'responsible journalism' defence


CTV.ca News Staff
Date: Tue. Dec. 22 2009 11:35 AM ET


The Supreme Court of Canada has upheld a ruling that allows reporters to defend themselves against libel claims by using a defence of responsible journalism.

The Toronto Star had argued the defence of "responsible journalism" when appealing a 2007 verdict that ordered the newspaper to pay $1.5 million in damages to an Ontario businessman.

The Ontario Court of Appeal overturned that verdict last year and ordered a new trial.

The Supreme Court, in turn, upheld the appeal court decision.

The responsible journalism defence allows for factual errors as long as journalists acted responsibly and in the public interest when reporting on a story.

Lawyer Peter Jacobsen, who intervened in the case on behalf of CTVglobemedia, called it "a seminal decision that is going to greatly advance the cause of freedom of speech."

"Basically what the court did is they said where the media or a communicator has acted responsibly and reported on a matter in the public interest, they will have a strong defence against a libel claim," he explained to CTV News Channel on Tuesday morning.

Also Tuesday, the Supreme Court also overturned a libel judgment involving the Ottawa Citizen and a former Ontario Provincial Police officer, ordering a new trial.

The Ottawa newspaper had been ordered to pay $125,000 to Danno Cusson, a former OPP officer who travelled to New York City with his dog after the Sept. 11 attacks.

The paper produced three articles which cast his activities in a negative light. Because some portions of the articles were considered defamatory, Cusson was awarded damages in a verdict upheld by the provincial appeal court.

The decision clears the way for the responsible journalism defence to be used in the new trial involving the Citizen.

Making responsible journalism a possible defence will only strengthen reporters' ability to report on matters of public interest, Jacobsen said.

"What they now know is that if they act responsibly, try to find out the truth of the story and still get it wrong, they will have a defence," said Jacobsen.

"This means journalists themselves are the best to determine what responsible journalism is...it clarifies matters a great deal and I think it will cause journalists to be more involved and to publish on matters where they've done everything they can do to make sure it's true."

Jacobsen said the responsible journalism defence is used in Great Britain, Australia, India, South Africa and "many of the other Commonwealth countries."

With files from The Canadian Press

[Howaboutthat]

Dear Forum:

Take note that whatever you say on this forum, can and will be used against you in a court of law !

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