Is there a case where a defendant called a phone-in show defamatory comments during the broadcast of the show entitled to sue the broadcaster?
Ontario, Canada
The following excerpt is from Janssen-Ortho Inc. v. Amgen Canada Inc., 2005 CanLII 19660 (ON CA):
Indeed, a man calling a radio phone-in show who allegedly made defamatory comments during the program’s broadcast was the subject of a lawsuit in Emonts v. McKeever, [1992] O.J. No. 1467. Although the broadcaster was not sued, Goodearle J. held that the defendant was entitled to “have equal access to the prescriptive shield offered” in s. 5(1) of the Act.
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