CMN 2170: Lecture #5 Jan 22 2013
New media and regulation
From legal, social, economic and cultural perspectives
2 cases: 3 judgments
Dionne: majority= dissenting judge
Section=distribution of powers.
Toronto vs Bell Canada1905 AC
Before 1949 could appeal to a higher power – privy council, higher than supreme court
Judgment of the Privy Council: sets a precedent section 92 sub 10. Telephones= the same thing as
telegraphs relevant to the Dionne case
Province of Quebec is arguing that local telephone undertakings is the same as a telegraph undertaking
and then to a cable undertaking
shift next class to the common law od defamation:
libel publication : posting on the internet, does this constitute a publication Ex: posting a hyperlink on a
Libel: an intentional publication of an injurious false statement.
slander: not fixed in an form, gesture..
Scientology: next reading: fundamentals: what is defamation
1 Law a published false statement that is damaging to a person's reputation; a written defamation.
Compare with slander.
• the action or crime of publishing such a statement: a councilor who sued two national
newspapers for libel | [ as modifier: a libel action .
• a false and malicious statement about a person.
• a thing or circumstance that brings undeserved discredit on a person by misrepresentation.
How do we measure harm? Notion of reputation in a professional, local, cultural comm