How have the courts interpreted a lack of guilty intent as an excuse for the publishing of an article by a newpaper when the material was prejudicial to the court proceedings?
Alberta, Canada
The following excerpt is from R. v. Barker, 1980 ABCA 75 (CanLII):
When examining the publishing of an article by a newpaper when the material was prejudicial to the court proceedings but the publishers had no knowledge the proceedings were under way the lack of guilty intent was not accepted as an excuse: Regina v. Odhams Press Ltd. et al., [1957] 1 Q.B. 73. I quote from the judgment of Lord Goddard, C.J. where at p. 80 he says: "The test is whether the matter complained of is calculated to interfere with the course of justice, not whether the authors and printers intended that result, just as it is no defence for the person responsible for the publication of a libel to plead that he did not know that the matter was defamatory and had no intention to defame."
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does the Court have any authority to transfer proceedings under R.12 from the Court of Appeal to the Superior Court? (Alberta, Canada)
How have courts interpreted the interpretation of a fire insurance contract? (Alberta, Canada)
How have courts interpreted the Charter and the role of the courts? (Alberta, Canada)
In what circumstances will the Court allow the Court to amend the Rules of Civil Procedure to allow the Courts to use the functional approach? (Alberta, Canada)
How have the provisions of section 92 of the Constitution Act, 1867 been interpreted and interpreted by the courts? (Alberta, Canada)
What jurisdiction does the court have to entertain custody and access proceedings if the child was present, resident or domiciled in the jurisdiction at the time of the proceedings? (Alberta, Canada)
How have the courts in the United States and Canada interpreted the principles of the Court of Appeal in the context of a motion for summary judgment? (Alberta, Canada)
Can a court order all court-ordered sales of a personal injury property be exempt from all court ordered sales? (Alberta, Canada)
In what circumstances have courts found a mother guilty of parental alienation and/or found her to be in contempt and ordered a sanction of costs to indemnify the father for all costs of the proceedings? (Alberta, Canada)
How have courts interpreted the meaning of the word “intensely clearness” in the context of legislative intent? (Alberta, Canada)
