CMN 2170 Lecture Notes - Lecture 7: Chilling Effect, Actual Malice, Multiple Choice
10 Dec 2018
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Why did canada refuse to adopt actual malice rule: 137 i can see no reason for adopting it in canada the law of defamation is aimed at the prohibition of publication of injuries of false statements . When you establish defamation then falsity is presumed and the defendant needs to argue it (this is what common law of defamation is about) Concept of falsity it is presumed. Those who publish statements should assume a reasonable level of responsibility. ( responsibility" is a question of ethics, while reasonable" is case dependent) Paragraph 141 in, conclusion, in its application to the parties in this action, the common law of defamation complies with the underlying values of the charter and there is no need to amend or alter it . Paragragh 143 qualified privilege attaches to the occasion upon which the communication is made, and not the communication itself .
