INTRODUCTION AND BRIEF DESCRIPTION

This section defines the act of publishing a libel as exhibiting, causing it to be seen or read, or showing/delivering it with intent to defame.

SECTION WORDING

299 A person publishes a libel when he (a) exhibits it in public; (b) causes it to be read or seen; or (c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by the person whom it defames or by any other person.

EXPLANATION

Section 299 of the Criminal Code of Canada deals with the crime of libel. It defines a libel as a defamatory statement or publication made about another person with the intention of harming their reputation. According to this section, a person can be charged with publishing a libel if they exhibit it in public, cause it to be read or seen, or show or deliver it with the intent that it should be read or seen by the person whom it defames or by any other person. This law is aimed at protecting people's reputation and preventing the spread of false and damaging information about them. It is important to note that in order to be considered a libel, the statement must be false and must have caused harm to the person's reputation. The law recognizes that freedom of expression is important but it must be balanced with the right of individuals to protect their reputation from falsehoods. Libel can take various forms, including written or spoken words, pictures, and even gestures. This section of the Criminal Code ensures that individuals who intentionally harm someone's reputation can be held accountable. Anyone found guilty of publishing a libel can face imprisonment for up to two years and could be ordered to pay damages to the person they defamed. In summary, Section 299 of the Criminal Code of Canada is an important law that protects the reputation of individuals and ensures that people are held accountable for publishing false and damaging information that harms someone's reputation. It is a balance between protecting freedom of expression and the rights of individuals to safeguard their reputation.

COMMENTARY

Section 299 of the Criminal Code of Canada deals with the offence of publishing a libel. Libel is a type of defamation that involves a false statement that is made in writing and published in some way, leading to harm or damage to the reputation of the person or entity being defamed. This section outlines the different ways in which a person can commit this offence, as well as the intent element that is required for it to be considered a criminal offence. The first way in which a person can commit the offence of publishing a libel is by exhibiting it in public. This can include displaying the defamatory statement on a public billboard, posting it on social media, or making it visible in some other public space. Essentially, this means that the statement needs to be visible to members of the public, and not just to a select few individuals. The second way in which a person can commit the offence of publishing a libel is by causing it to be read or seen by others. This can include sending out a mass email that contains the defamatory statement, or sharing it on a public forum. Again, the key element here is that the statement needs to be seen or read by others, rather than being a private communication between two parties. The third way in which a person can commit the offence of publishing a libel is by showing or delivering it with the intent that it should be read or seen by the person whom it defames or by any other person. This involves a level of intentionality on the part of the publisher, as they must have the specific intent that the statement be seen or read by the person being defamed or by others. This sets a high bar for prosecution, as it requires prosecutors to demonstrate that the publisher had a specific intent to cause harm or to defame the person in question. All three of these elements are required for the offence of publishing a libel to be established. Simply publishing a defamatory statement is not enough to trigger criminal liability under this section. Rather, the statement must be published in a public or semi-public space, and the publisher must have had the intent to cause harm or damage to the reputation of the person being defamed. This section of the Criminal Code is important because it recognizes the harm that can be caused by defamatory statements, particularly in the age of social media and online communication. The ability to publish false statements to a large audience can be incredibly damaging, and this section helps to deter individuals from engaging in this type of harmful behaviour. Overall, Section 299 of the Criminal Code of Canada provides an important framework for prosecuting the offence of publishing a libel. It outlines the different ways in which this offence can be committed, as well as the high level of intent that is required for it to be considered criminal. By doing so, this section helps to protect individuals and entities from the harm that can be caused by defamatory statements, and provides a mechanism for holding those who engage in this type of behaviour accountable.

STRATEGY

Section 299 of the Criminal Code of Canada outlines the criminal offence of publishing a libel. A libel is defined as any false statement that is made publicly and harms an individual's reputation. In today's society where information is easily accessible and spread instantly, publishing a libel can have significant consequences for the individuals and organizations involved. Strategic considerations when dealing with Section 299 of the Criminal Code of Canada are important to ensure that any publication is done within the legal framework and does not breach any criminal laws. One of the first strategic considerations is the protection of freedom of expression. Freedom of expression is a fundamental right protected by the Charter of Rights and Freedoms, and it is crucial to strike a balance between this freedom and the rights of individuals to be protected from false and harmful accusations. Another strategic consideration is the nature of the publication. Different types of publications are subject to different laws and regulations. For example, online publications are subject to cyber laws while print publications are subject to traditional publishing laws. Therefore, it is necessary to understand the legal framework that applies to the publication in question. A further strategic consideration is the assessment of whether there is a legal defence available. Section 300 of the Criminal Code of Canada outlines the defences for a libel. The defence of truth is available when the accused can prove that the statements made are true. Another defence is fair comment, which is available when the statements made are made in good faith and are not malicious or untrue. Strategies that can be employed when dealing with Section 299 of the Criminal Code of Canada include taking a proactive approach that involves evaluating any article before it is published. This assessment will help identify any potential libelous statements and the legal defences that can be used to defend against any subsequent charges. Additionally, it is a good practice to have a clear policy on publishing and to ensure that any journalists and contributors follow the policy. Another strategy is to focus on the quality of the publication and ensure that the statement made meets a high standard of credibility. This can be achieved by ensuring that the publication is based on reliable sources and avoiding spreading rumours. Furthermore, fact-checking the publication to ensure accuracy can help to avoid accusations of libel. In conclusion, Section 299 of the Criminal Code of Canada outlines the criminal offence of publishing a libel, which can have significant consequences. Strategic considerations when dealing with this section of the Criminal Code of Canada include protecting freedom of expression, assessing the nature of the publication, and evaluating legal defences. Strategies that can be employed include taking a proactive approach, focusing on the quality of the publication, and having clear policies. By applying these strategies, individuals and organizations can reduce the risk of being charged with publishing a libel.