Prud'homme v. Prud'homme
December 20, 2002
The Supreme Court of Canada has now said, unanimously, that journalists
enjoy a qualified privilege for the publication of "defamatory
information in the public interest that he or she honestly believes
to be true." The following is the paragraph in question.
50. The defence of qualified privilege is not reserved exclusively
to elected municipal officials. It applies whenever a person has
an interest or a duty, legal, social or moral, to make it to another
person who has a corresponding interest or duty to receive it....This
will be the case, for example, where an employer or professor
provides references about his or her employee or student, or where
a journalist publishes defamatory information in the public interest
that he or she honestly believes to be true.
See: Prud'homme
v. Prud'homme
It remains to be seen how far this concept will extend in common
law cases.
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