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[ Date›  03  / 09  / 10
The right to be 'wrong-headed'
Brian RogersToronto media lawyer Brian MacLeod Rogers looks at how the recent Supreme Court ruling in the Rafe Mair case clarifies the libel defence of fair comment.  More»
Top court clarifies 'fair comment' libel defence
Rafe MairCanada's highest court has clarified when an opinion is fair comment in a ruling that overturns a libel award against Vancouver radio talk show host Rafe Mair. More»
No libel please, we're responsible journalists
Commentary
Ontario's highest court has endorsed the British libel defence of "responsible journalism." The Toronto Star has been quick to take advantage of the new defence and the Supreme Court of Canada is poised to decide whether it will become the law of the land. J-Source media law editor Dean Jobb takes a look at the new defence and what it means for journalists.
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Ruling creates new libel defence of 'responsible journalism'
Ontario's highest court has recognized "responsible journalism" as a defence to libel actions in a ruling that promises to set a precedent across the country. J-Source Law Editor Dean Jobb reviews the case and provides background info and additional resources. More»
U.S. author fights British libel judgment
News
November 8, 2007 -- Does the guarantee of free speech in America's first amendment trump English libel law? That's the question facing New York's Court of Appeals this month. Rachel Ehrenfeld, a New York-based author, is seeking a ruling that an English libel judgment against her cannot be enforced in America and that her book, "Funding Evil," is constitutionally protected free speech. The Economist reports.
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British ruling backs investigative reporting
News
The Guardian newspaper calls it a "landmark" ruling in defence of investigative reporting. Britain's court of appeal has used the defence of "responsible journalism" to dismiss a libel action against the publisher of a book about police corruption.
The October 2007 ruling shields the media from libel actions "even if not every allegation can be proved, (if) their writing amounted to 'responsible journalism' on a matter of public interest," the paper reports. A former detective filed the lawsuit, claiming the book suggested he was involved in police corruption.
Read the BBC and Times of London reports.
A British media lawyer comments on the ruling.
See also: British ruling shields 'responsible journalism'
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UK libel law stifles free expression
Commentary
Sheikh Khalid bin Mahfouz, one of the world's richest men, has made an academic publisher withdraw a controversial book. But it is the UK libel system that allows the rich and powerful to stifle investigation, writes Padraig Reidy, news editor of Index on Censorship. (Sept. 7, 2007)
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How Conrad Black used libel chill as a weapon
Commentary
The principal legacy of disgraced media mogul Conrad Black, convicted in July of fraud and obstruction of justice, is "libel chill," writes Toronto Star business columnist David Olive. For decades he used libel writs to neuter coverage of his activities. As a result, reporters and editors across the land engaged in the longest period of self-censorship ever afforded a public figure.
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Wanted: Libel law for a digital age
Commentary
Mumsnet, a community website where women give advice, support and friendship, has apologized to a controversial childcare guru who sued over disparaging comments posted by some of its users. Mumsnet co-founder Justine Roberts, writing in the Press Gazette, says it's time Britain's libel laws caught up with the digital age and stopped treating web forums like traditional publishers.
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Libel-proofing CAR investigations
Tip Sheet
Numbers don’t lie – or do they? The conclusions drawn from a computer-assisted reporting (CAR) investigation could be incorrect or tarnish the reputation of a person or company. Making sure the story is accurate, complete and libel-proof is as important as re-checking the math. Toronto Star investigative reporter Rob Cribb and University of King's College journalism prof Dean Jobb offer tips on how to put the story on a solid legal footing.
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Mexico decriminalizes libel
News
In a move hailed as a step toward greater press freedom, Mexican President Felipe Calder??n has approved amendments to decriminalize libel, slander and defamation. Mexico joins El Salvador as the only two Latin American nations to wipe criminal libel off the books. Read Editor & Publisher's April 17, 2007 report.
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Adding insult to injury
News
In many countries, it is a crime to insult public officials or any individual, group or religion. The World Press Freedom Committee has launched a campaign to eliminate this extreme form of defamation, used by many regimes to stifle press freedom. Read the committee's press release.
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Star appeals $1.5m libel award
News
The Toronto Star is appealing a northern Ontario jury's $1.475 million libel award –one of the highest in Canadian history – over an article describing a wealthy local businessman's plans to expand his personal lakeside golf course. The Star argues the June 2001 article should be protected by the defence of "qualified privilege," which gives the media wide latitude to publish controversial opinions on matters of substantial public interest. By Peter Small.
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The long arms of the law
Feature
A recent British libel ruling could change things for media outlets and the people who sue them – and not just over there. Canadian journalist and their legal advisors are taking a close look at a House of Lords ruling that shields “responsible journalism” from lawsuits. Joe Rayment of the Ryerson Journalism Review investigates.
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Protecting 'responsible journalism'
Commentary
Britain’s highest court recognizes "responsible journalism" as a defence to libel. Our courts should follow suit to protect solid journalism and the public interest. By Dean Jobb.
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