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On net neutrality and Internet access
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April 27, 2010 - Posted by Dana Lacey
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Steve Anderson of OpenMedia.ca appeared before a House of Commons committee today to discuss net neutrality, media ownership and internet access. Listen to the podcast...
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Libel reform: Be careful what you wish for
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December 26, 2009 - Posted by Dean Jobb
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Commentary
 The new defence of responsible communication is good news for the media, but Ryerson University's Jeffrey A. Dvorkin doubts it will usher in a new wave investigative journalism. As layoffs continue and newsrooms are pared down to the editorial bone, the ability of news organizations to engage in deep, contextual investigative journalism is far from what it once was, or what it should be.
And lawyer Alan Shanoff, who teaches media law at Humber College, cautions the devil will be in the details as judges and juries apply the court's broad definitions of public interest and responsible journalism to stories targetted with libel suits. Read Shanoff's columns in The Law Times and the Toronto Sun.
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The responsible communication defence: What's in it for journalists?
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December 23, 2009 - Posted by Dean Jobb
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New defences to libel actions don’t come along every day, so what exactly does the pair of Supreme Court of Canada rulings handed down December 22 mean for journalists? An expanded definition of "public interest," a list of the steps journalists should take to produce a solid, libel-proof story, and good news for bloggers. Dean Jobb breaks down the rulings in Grant v. Torstar Corp. and Quan v. Cusson.
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SCC creates new libel defence of responsible communication
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December 22, 2009 - Posted by Dean Jobb
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News
The Supreme Court of Canada has created a new libel defence – the defence of responsible communication on matters of public interest. In a landmark ruling that orders new trials in libel actions against two Ontario newspapers, the court introduced the British defence of responsible journalism with a new name and some made-in-Canada modifications. The defence is based on the conduct of the journalists and editors who produce the story, and can defeat a libel claim even if some facts and allegations published or broadcast turn out to be wrong or false.
The court established a broad definition of the public interest, saying it is not limited to stories on politics and can apply to stories of interest to a limited audience if the subject is of public importance. The rulings set seven criteria for judging whether journalists acted responsibly, including the seriousness of the allegations, the reliability of sources and whether the person defamed was given a chance to respond. There are two other important aspects to the ruling...
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Coalition battles libel chill in top court
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December 16, 2009 - Posted by Regan Ray
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A coalition that includes the Canadian Association of Journalists
(CAJ), the Canadian Newspaper Association (CNA) and Ad IDEM/Canadian
Media Lawyers Association is intervening in a case before the Supreme
Court of Canada, asking the court to reject the expansion of libel laws. According to...
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News orgs appeal decision on publication bans for bail hearings
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November 17, 2009 - Posted by Regan Ray
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A group of news organizations including the Toronto Star,
CBC, Associated Press and CTV have asked the Supreme Court of Canada to
strike down a law that makes publication bans on bail hearings
mandatory if requested. According to...
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PM Stephen Harper's (visual) control issues
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November 7, 2009 - Posted by Deborah Jones
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"Is Stephen Harper going too far in trying to control his image?" asks The Globe and Mail. "The Prime Minister's Office is sending out a steady stream of publicity photos in the hope they will be used in newspapers and blogs across the country. But photojournalists believe Harper's handlers are going too far..."
This link provides a roundup of previous J-Source posts about the Harper administration's control of media.
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Ruling rejects web hate-speech law
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September 8, 2009 - Posted by Dean Jobb
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News
A tribunal has struck down a controversial provision of Canada's Human Rights Act that bans hate speech on the Internet. Section 13, already the target of an independent review into its broad scope and potential for abuse, violates the constitutional right to free speech, the vice-chair of the Canadian Human Rights Commission ruled Sept. 2. An appeal is possible but the ruling may mark the end of federal efforts to use human rights laws to regulate what's said on the Internet. Jesse McLean reports in in the Toronto Star.
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Harper blocks public information (again)
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February 23, 2009 - Posted by Deborah Jones
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"The (Stephen) Harper government has delayed for months the release of
notes on conference calls held at the height of last summer's deadly
listeriosis outbreak — a lag some experts say breaks Ottawa's
own information laws," reported the Canadian Press,
which has filed an information request to the Privy Council Office for
“all transcripts and minutes” of exchanges last
summer. Previous posts about the Harper administration's attempts...
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CBC online discussion draws hate complaint
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February 12, 2009 - Posted by Dean Jobb
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News
A group of Manitoba chiefs is urging hate charges be filed against the CBC for what it called “racist and hateful” comments about natives posted on the broadcaster's website. But whether media outlets are responsible for what’s said in moderated discussion boards remains a grey area in Canadian law. Patrick White reports in The Globe and Mail.
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National press council advocated
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February 11, 2009 - Posted by Dean Jobb
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News
The Ontario Human Rights Commission is calling on Parliament to force all Canadian magazines, newspapers and "media services" Web sites to join a national press council with the power to adjudicate breaches of professional standards and complaints of discrimination. Journalists warn that mandatory government regulation poses a threat to freedom of expression. Joseph Brean reports in the National Post.
Read the Ontario commission's submission to the Canadian Human Righs Commission.
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Online hate best left to police: Expert
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December 11, 2008 - Posted by Dean Jobb
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News
Parliament should repeal the Canadian Human Rights Commission's power to investigate online hate messages, leaving such probes to police, prosecutors and Internet service providers, says a report released in November 2008. "Censorship of hate speech should be limited to speech that explicitly or implicitly threatens, justifies or advocates violence against the members of an identifiable group," says Richard Moon, a constitutional law expert the commission hired to explore whether its mandate threatens freedom of speech.
Read the Canwest News Service report.
Read Richard Moon's report to the commission.
The Canadian Association of Journalists is urging the federal government to repeal Section 13 of the Canadian Human Rights Commission Act, which grants the agency the power to police the Internet and censor speech.
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Exploring the media's right to offend
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December 11, 2008 - Posted by Dean Jobb
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Forum
Legal, human rights and media experts from across Canada gathered in Halifax on November 1, 2008 to discuss the limits on what Canadians can say and publish about sensitive issues such as race, religion or sexual orientation. "The Media's Right to Offend: Exploring Legal and Ethical Limits on Free Speech," the 6th annual Joseph Howe Symposium, was organized by the University of King's College School of Journalism and Calgary's Sheldon Chumir Foundation for Ethics in Leadership.
The one-day symposium explored the impact of human rights laws on freedom of expression and featured a keynote address by Globe and Mail columnist Margarent Wente. Panelists included Ezra Levant, former publisher of the Western Standard; Noa Mendelsohn Aviv, director of the Canadian Civil Liberties Association’s Freedom of Expression Project; Kelly Toughill, associate professor of journalism at King's and Toronto Star columnist; Wayne MacKay of Dalhousie Law School, an expert in constitutional and human rights law; John Miller, associate chair of the Ryerson School of Journalism; and Krista Daley, Director and CEO of the Nova Scotia Human Rights Commission.
Click here to view videos of the presentations.
Click here for links to news coverage and background information on the issues discussed.
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Undercover cops cripple press freedom
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December 11, 2008 - Posted by Dean Jobb
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Feature
Canada's major police forces have assigned officers to pose as journalists or would consider doing so to combat crime. Journalists condemn the practice, saying it undermines their credibility and threatens freedom of the press. University of King's College journalism student Ruth Mestechkin explores the battle between the notebook and the badge in the King's Journalism Review.
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