Is there a defence of responsible communication available where the publication was responsible?

Ontario, Canada


The following excerpt is from Hamlin v. Kavanagh, 2019 ONSC 5552 (CanLII):

The defence of responsible communication is available where the publication is on a matter of public interest and the publication was responsible, in that the defendant was diligent in trying to verify the allegations, having regard to all relevant circumstances including (a) the seriousness of the allegation; (b) the public importance of the matters; (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: Grant v. Torstar at paras. 98 and 126.

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