INTRODUCTION AND BRIEF DESCRIPTION

This section of the Criminal Code of Canada outlines how a defamatory libel may be expressed.

SECTION WORDING

298(2) A defamatory libel may be expressed directly or by insinuation or irony (a) in words legibly marked on any substance; or (b) by any object signifying a defamatory libel otherwise than by words.

EXPLANATION

Section 298(2) of the Criminal Code of Canada outlines the criminal offence of defamatory libel. The section specifies that a defamatory libel can be expressed using any means of communication, including directly through words that are legibly marked on a substance, or indirectly through suggestions or insinuations. The means of expression can also include objects that signify a defamatory libel, even if they do not use words. Defamatory libel refers to statements, either written or spoken, that are false and harmful to a person's reputation. Such statements can cause damage to a person's reputation and affect their ability to live and work normally in society. As a result, the law considers defamatory libel a serious offence that can result in a criminal conviction and punishment. As per section 298(2), the expression of defamatory libel can be achieved through multiple means and not just by verbally making false statements about an individual. This makes it important for individuals and organizations to be cautious of the content they produce and circulate, as they could be held liable for any defamatory content they may publish. Such content can be posted on traditional media outlets or online platforms, which means that the offence can be committed in various forms. In conclusion, the Criminal Code of Canada holds individuals accountable for the content they produce while also protecting individuals from defamatory expressions that could harm their reputation. Section 298(2) of the Code provides a clear framework for what is considered defamatory libel and how it can be expressed, making it imperative for individuals and organizations to be mindful of their actions and the consequences that come with them.

COMMENTARY

Section 298(2) of the Criminal Code of Canada addresses the issue of defamatory libels and specifically outlines the different ways in which such a libel may be expressed. A defamatory libel is essentially any statement that seeks to harm the reputation of an individual or entity by making false or malicious claims about them. The first way in which a defamatory libel may be expressed is through words legibly marked on any substance. This means that any writing or printing that contains defamatory statements about a person or entity can be considered a defamatory libel. This includes anything from letters to newspapers to social media posts, as long as the words are legible and can be understood by the reader. The second way in which a defamatory libel may be expressed is through any object signifying a defamatory libel otherwise than by words. This can include anything from a picture or symbol to a piece of artwork or sculpture. If the object in question contains images or symbols that are understood to be defamatory towards an individual or entity, then it can be considered a defamatory libel. These two ways in which a defamatory libel may be expressed highlight the broad range of ways in which such a libel can be communicated. In today's digital age, where social media platforms allow for swift dissemination of information, it is important that people are aware of the ramifications of posting defamatory content online. Any form of communication, whether it be through words or symbols, can potentially be considered a defamatory libel if it harms the reputation of an individual or entity. However, it is also important to note that not all statements that are harmful to an individual's or entity's reputation constitute a defamatory libel. In order to be considered a defamatory libel, the statement must be false and malicious in nature. This means that truthful statements, no matter how damaging they may be to a person's or entity's reputation, cannot be considered defamatory libels. In addition, there are defenses available to individuals who are accused of making a defamatory libel. One such defense is the defense of truth, which allows for individuals to make statements that are true even if they are harmful to a person's or entity's reputation. Another defense is the defense of fair comment, which allows for individuals to express their opinions on matters of public interest as long as their comments are based on true facts and are not motivated by malice. Overall, Section 298(2) of the Criminal Code of Canada highlights the importance of being cautious with one's words and actions in order to avoid causing harm to others. While the freedom of expression is a fundamental right in Canada, it is important to ensure that one's words and actions are truthful and not malicious in nature. The law seeks to strike a balance between protecting freedom of expression and protecting individuals' and entities' reputations from harm.

STRATEGY

Section 298(2) of the Criminal Code of Canada pertains to the expression of defamatory libel, which can occur through direct communication or through indirect means such as insinuation or irony. As such, it is crucial for individuals and organizations to exercise caution when dealing with potentially defamatory content, regardless of the medium through which it is communicated. Implementing strategic considerations can help mitigate the risk of being charged under this section of the Criminal Code, and ensure that any potential defamatory content is handled appropriately. One essential strategy is to be mindful of the content that is being communicated. The dissemination of information that could be construed as defamatory should be avoided where possible. It is important to remember that even if content is communicated through indirect means such as insinuation or irony, it can still be interpreted as defamatory. It is, therefore, necessary to take a cautious approach when communicating any type of content that could be interpreted negatively. Another key strategy is to carefully choose the medium through which information is communicated. Given that the wording or image is legibly marked, it is essential that organizations choose media that are unlikely to be interpreted as defamatory by the target audience. Organizations should take extra care when selecting media channels that could be seen as encouraging defamation or could create an atmosphere that promotes defamatory statements. When in doubt, it may be prudent to seek the advice of legal counsel. In addition to being mindful of the content and medium used, it is also necessary to consider the audience. It is essential that organizations are aware of the views and values of the audience to whom they are communicating. The opinion of targeted audiences should be a vital part of the style and tone of the communication. Factors that could impact audience perception of content, or that could lead to misunderstandings, should be thoughtfully considered. A crucial component of effective communication is to be as clear and direct as possible. Employing strategic communication techniques, including the use of language that is meant to clarify and simplify the intended message, can help mitigate the risk of being charged under this section of the Criminal Code. Conversely, using language that is vague, open-ended, or ambiguous increases the risk of misinterpretation or misrepresentation. Finally, establishing policies and procedures that offer a clear framework for communication can help mitigate risks. Organizations should work together to create guidelines that specify acceptable and unacceptable behaviours and provide training on effective communication techniques. Policies should include procedures for how to respond to defamatory communications, making it easier to address these issues when they arise. In conclusion, strategic communication when dealing with section 298(2) of the Criminal Code of Canada requires a careful approach to content, media, audience, language, and communication techniques. The implementation of effective policies and procedures can also mitigate risks. By taking these considerations into account, organizations and individuals can ensure that their communications are mindful, effective, and legally compliant.