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JOUR 3333
Shelly Borden

Tuesday, March 15, 2011 Speakers: David Cole, Dean Jobb Defamation – Publish something that in the minds of right-minded people lessens the opinion of an individual Libel (written/broadcasting) – in permanent and accessible form Slander – oral defamation (suing slander is a much narrower time people. Isn’t as harmful as libel) If you are the author or editor of something that brings someone’s reputation down, you can be sued All the plaintiff has to do is that you published something; you published it about ‘me’; and prove that someone other than him read it. If he does that then it’s up to a jury to decide if you defamed him. Jury also says how much money Jury trial unless both sides agree that it’s not, or you work for the crown (inc. CBC – crown corporation) Notice of Intended Action – Looks like a statement of claims, particularize everything that you did. Serve that on you. Gives you a special right to go back, look at what you did, and apologize. Publish apology (same size/location), prevents person who was hurt collecting money – except special damages (i.e. losing a job, etc.) If you express a defamatory statement of fact – you need defensive justification. Burden on journalist, you need witnesses, photographs, etc. Defamatory opinion – neither right nor wrong. Defense to opinion is fair comment. In the article given the reader the basis for my opinion that (i.e. Dean is lazy), so that the reader can make the informed decision that (i.e. Dean is lazy). If you make a statement of fact and it’s true, motives can be whatever. Malice will defeat an opinion. Privilege – if you report what goes on in court and it’s defamatory, doesn’t matter. Law says we place a value on
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