CMN 2170 Lecture Notes - Lecture 6: Actual Malice
10 Dec 2018
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Document Summary
Manning was going to argue that the words they were reading from were truth but that was proven that they knew the words were false. Defence of qualified privilege attaches to specific location, argues that they have a qualified privilege which allows them to defame another party without suffering consequences. 3 types of defenses (case law principles, developed by courts overtime: defense of justification, defence of qualified privilege, defense of fair comment. Defence of qualified privilege attaches to occasion not communication: he made defamatory comments in in formal setting (press conference, what are details/content. 1: when you violate a court order (unsealing) it"s an act of contempt. 1158 paragraph 62: manning is arguing 2 points. 3 values underlying freedom of expression (section 2b of charter) pg. 1174: search for truth, participation in the community. It exists for every quite apart from employment . Scc says you can"t (untenable) create or attach a reputation to someone"s employment so.
