INTRODUCTION AND BRIEF DESCRIPTION

Section 309 states that a person cannot be charged with publishing a defamatory libel if they believed the information to be true and it was relevant to the public interest.

SECTION WORDING

309 No person shall be deemed to publish a defamatory libel by reason only that he publishes defamatory matter that, on reasonable grounds, he believes is true, and that is relevant to any subject of public interest, the public discussion of which is for the public benefit.

EXPLANATION

Section 309 of the Criminal Code of Canada provides a defense for individuals accused of publishing defamatory libel. This section asserts that an individual cannot be held liable for publishing defamatory material, if they did so with the belief that the material was true and relevant to a matter of public interest. The purpose of this section is to protect individuals who seek to engage in public discourse or bring attention to issues that are of public importance. It aims to ensure that individuals are not afraid of speaking out and sharing information on important matters, for fear of being held liable for defamation. To rely on the defense provided under Section 309, the individual must have had reasonable grounds to believe that the material they published was true. Additionally, the material must be relevant to a matter of public interest and the public discussion of the matter must be deemed to be for the public benefit. This ensures that individuals cannot abuse the defense by publishing false information or making defamatory statements that are not in the public interest. In summary, Section 309 of the Criminal Code of Canada serves an important purpose in protecting freedom of expression and promoting public discourse. It provides a defense for individuals who publish defamatory material in good faith, with the belief that it is true and relevant to a matter of public interest.

COMMENTARY

Section 309 of the Criminal Code of Canada is an important provision that protects freedom of expression while also ensuring that individuals are held accountable for spreading false and harmful information about public figures. The provision states that an individual shall not be considered to have committed defamation by publishing defamatory material that they believe, on reasonable grounds, to be true and that is relevant to a subject of public interest. This provision is important as it allows individuals to express their opinions on matters of public interest without fearing legal action. The purpose of this provision is to balance the competing interests of freedom of expression and the protection of reputational rights. It recognizes that the public has a legitimate interest in the discussion of matters of public interest and that individuals should not be afraid to express their opinions on such matters. At the same time, it recognizes that false and defamatory statements can cause significant harm to individuals and seeks to prevent them from being spread without penalty. This provision seeks to strike a balance between these competing interests by allowing for the free exchange of ideas while holding individuals accountable for their actions. One of the key elements of this provision is the requirement for the individual to have a reasonable belief in the truth of the defamatory material. This ensures that individuals cannot simply spread false and harmful information without consequence. The provision requires individuals to take reasonable steps to ensure that the defamatory material is accurate before publishing it. This may include conducting research, gathering evidence, and consulting with experts in the relevant field. By requiring individuals to take these steps, the provision ensures that defamatory material is not spread without careful consideration for its truthfulness. The provision also requires that the defamatory material be relevant to a subject of public interest. This requirement recognizes that not all information about public figures is of public interest and seeks to limit the spread of harmful information that is not relevant to the issues that the public is concerned with. This ensures that individuals are not punished for expressing opinions on matters that are not relevant to the public discussion. Overall, Section 309 of the Criminal Code of Canada is an important provision that protects freedom of expression while also ensuring that individuals are held accountable for spreading false and harmful information. It strikes a balance between the competing interests of freedom of expression and the protection of reputational rights by requiring individuals to have a reasonable belief in the truth of defamatory material and ensuring that the material is relevant to a subject of public interest. This provision is essential to our democratic society as it allows for the free exchange of ideas on matters of public interest while also protecting individuals from harm.

STRATEGY

When dealing with Section 309 of the Criminal Code of Canada, there are several strategic considerations that need to be taken into account. This section provides a defense to persons who publish defamatory matter that they believe to be true and that is relevant to a matter of public interest. While this defense can be helpful, it is important to approach the situation strategically to ensure that the defense is effectively utilized. The following are some strategic considerations and strategies that could be employed when dealing with Section 309. 1. Determine the type of matter that is considered a matter of public interest: It is crucial to determine what constitutes a matter of public interest. This will help in identifying whether the matter being published falls under this category. A matter of public interest could include matters related to politics, social issues, environmental issues, health, or the economy. Ensure that the matter being published is relevant to one or more of these categories. 2. Conduct a thorough investigation: Before publishing any matter, it is essential to conduct a thorough investigation and ensure that the facts are accurate. This will help in establishing that the defamatory matter published was done on reasonable grounds. 3. Consult with legal experts: It is recommended that individuals consult with legal experts or defamation lawyers to ensure that the matter being published falls under the ambit of Section 309. Lawyers can provide insights into how the matter is likely to be viewed by the courts and also provide advice on how to handle the case. 4. Prepare for potential legal action: While Section 309 provides a defense, it is still possible for individuals to take legal action against those who publish defamatory matter. It is, therefore, important to prepare for potential legal actions by gathering evidence and preparing witnesses where necessary. 5. Ensure that the matter published is in the public interest: It is possible to abuse Section 309 by using it as a shield to publish defamatory matter that is purely meant to harm an individual. This could result in legal action being taken against the publisher. It is, therefore, important to ensure that the matter published is in the public interest and that it is not intended to harm an individual. 6. Mitigate potential harm: While it may be possible to publish defamatory matter under Section 309, it is still important to mitigate potential harm. This can be done by issuing a disclaimer or providing an opportunity for the individual who is the subject of the defamatory matter to reply. 7. Be proactive in correcting inaccuracies: Errors or inaccuracies can occur, regardless of the thoroughness of the investigation. In such cases, it is essential to be proactive in correcting any inaccuracies that arise. This could be done by retracting the statement and issuing a correction. In conclusion, Section 309 of the Criminal Code of Canada provides a defense for publishers who publish defamatory matter they believe to be true that is in the public interest. While this defense can be helpful, it is important to approach the situation strategically to ensure that the defense is effectively utilized. The strategies outlined above could prove useful when dealing with Section 309 of the Criminal Code of Canada.