Canadian Supreme Court creates libel defence of responsible publication

Good news from the Canadian Supreme Court:

"[126] The defence of public interest responsible communication is assessed with reference to the broad thrust of the publication in question. It will apply where:



A. The publication is on a matter of public interest

and:

B. The publisher was diligent in trying to verify the allegation, having regard to:

(a) the seriousness of the allegation;

(b) the public importance of the matter;

(c) the urgency of the matter;

(d) the status and reliability of the source;

(e) whether the plaintiff's side of the story was sought and accurately reported;

(f) whether the inclusion of the defamatory statement was justifiable;

(g) whether the defamatory statement’s public interest lay in the fact that it was made rather than its truth (“reportage”); and

(h) any other relevant circumstances."

Grant v. Torstar Corp., 2009 SCC 61