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  • The Defence of Qualified Privilege A Primer

    Încărcat de

    Mohammed Azad
    13 vizualizări4 pagini
    Qu qualified privileged

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    The Defence of Qualified Privilege a Primer

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    Qu qualified privileged

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    © All Rights Reserved
    Descărcați ca PDF sau citiți online pe Scribd
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    13 vizualizări4 pagini

    The Defence of Qualified Privilege A Primer

    Încărcat de

    Mohammed Azad
    Qu qualified privileged

    Drepturi de autor:

    © All Rights Reserved
    Descărcați ca PDF sau citiți online pe Scribd
    Indicator pentru conținut neadecvat
    din 4
    Marko ely iris Dafoe aeson Lande LL ‘The leer lands om your desk with Pest. note ached ‘On tena someone has wetan, na hued hand, "Pease view. Libel ‘Marko Vesey is @parmer with Lawson Lundell LP ints Inigavin department in Vancower and isthe head ofthe ‘fim’s Defamation and Media Law Group. He con be ‘reached by phone at (604) 631-9260 or by email at mvese- ‘yGlawsontandellcom. Chris Dafoe is an associate with Lawson Landell LLP in its iigation department in Vancouver and is a member ofthe firm's Defamation and [Media Law Group. He an be reached by phone at (04) 631-9193 or by email at cdefoe@lawsonindell com. Where wo begin? The obvious pace to sat i wih he text ofthe leer Ave thee any ltemeats inthe leter that ae defamatory? Ae the defamatory statements trie? Can {you prove te uth ofthe statements? Are they sttements ‘opinion that canbe defended as fir comment? The less obvious place ost swith the addres the top of the leer andthe ce: line tthe bottom, Becsase when it comes to libel an slander, what yoo sy is some- limes less import than who you sy it, Forexample, ifthe person who scaled those words 00 the Post itis both the sleecipent an the sje of the ou can prchably seribble the word “Na” on the fand send it hack. Sending someone a leer acusing ‘aman Corp Care tem of tsb hings may not win you any ficds, bit will aso not sve rs 1s elaim in defamation eease the toa sequtes publiaton to hed purty. ‘Amore subtle response anda more ep analysis wll, be required, however, if the lees addressed oF coped © someane the than the subject of he Kets. Who ar those ‘ecipicni? What is thelr relationship to the ender and tothe petton who isthe subject ofthe leer? Do the ecient Fave an interest in he subeet mater ofthe Bee? Depending a the answers to these and other questions, the lee, even if defaminory, may be protected by the efence of qualified piviege. (Quaid privilege i the lw’ way of recognizing that there af tines when the defendant's private intrest in ‘maintaining his oe her good name must be balanced sgn {te public interest in lowing and prseting cenain types ‘of communication, in particular ose required by alegal or ‘moral ty or involving certain ental iret, At the tame suggens, qualified privilege is not an absolute Gefence 10° defamation claim; i¢ can be Tost if the sefendant sco’ with malice — tem with an expanded ‘meaning in defamation law, which will be discussed below ori the content of he defamatory mesage or the scope ‘fits publication goes beyond what is necessary in the ualied privilege i a paul imponaat defence {for businesses and business people because i provides po the commercial seting: inguiies from others about the hanesty or reliability of a departed employe; hotly worded exchanges between board members: oc complaints 0 ‘regulators and consumer protection organizations. la cases hore defamatory statements ae made an what krown as “an occasion of qualified privilege”, «defendant can ‘scape liablity even ifthe defamatory sltement rns out to be untrue. The pivlege grote, in is essence, is the Drvlege to be wrong ‘The availability of the dence depends very rch on the specific circumstances an the relatonsip of the pte ties involved. Accordingly, what follows is nccssarly ep eal inom he ie sverige preg. How does qualified privilege work? Incenadian im, defaiogysatmeat preted io be fake, Te law to infers tht ay dear semen tra made with malice. Te defence of qualified peep Teint ie Infence an, inthe worde of one ge, fepacs i ths prsamlon of “ie Bona ies Othe ‘fend an his honesty ofbelnthe wo the ste ‘ments”,' Ifthe court finds that, as a matter of law, the state- frente were made on un ocaion of euliied pigs {alto he pani ogove that he detent made the Statement wih ctl maton (Cnaian Corporate Comat ‘What circumstances give rise to an occasion of qualified privilege? Because the defence is ntzaded to balance pubic nd pr ‘ae iret the circumstances giving rie Yo an cecasion ‘of qualified peeps wil vary overtime, as views evolve ‘10 what sort of communications serve the publi intrest. Fortis eason, the guidance offered by historical cases limited, There re, howove, ome conan ators hat shh che juripradence. ‘Ove sch factor the velatonhip between the den dan and he recipient ofthe impugned communication. I falls othe defendant co the show tat te commanicaion was made porsuant 1a duty or a muta intrest ofthe So that a reasonable an ghtminded person believes should te encouraged. Wile thre some Bung ofthe lines berween duty and mutual intrest, reciprocity isan esen- al element ofboth entegres: wil no dot sy the Aono ad day or interest sharing the information Ste o she shares ic with someone who oes no have & Sil dy or interestin recive i ‘The er duty is used boa and extends beyond legal aves wo moral and soca ones Lega des ae raturaly, Imo clearly defined Tey my ivole dts imposed by staues (in which cae they may form the basis for &

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