CMN 2170 Lecture : Master Cases notes.docx
14 Jun 2014
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Defamation: reputation (privacy) versus freedom of expression common law of defamation: slander (non published) and libel (intentional publication of an injurious false statement) defenses of defamation: defense of justification (defense of truth: cannot sue if statement of libel is true) fair comment: (1) comment (2) based upon facts that are true (3) made honestly and fairly (4) without malice (5) on a matter of public interest, defense of qualified privilege (attaches to occasion of defamation i. e. journalist) Scientology wishes for s. c. c. to adopt actual malice rule (case would be lifted out of civil law and into constitutional law scientology could sue hill as a representative of the state, hill cannot sue as state representative) actual malice: statement based on falsehood or is reckless with wilful disregard to truth or falsity of statement actual malice rule: government official cannot sue one who made libel unless motivated by actual malice.
