section 313

INTRODUCTION AND BRIEF DESCRIPTION

This section of the Criminal Code specifies that publishing defamatory matter in good faith in response to inquiries about a subject-matter with an interest in knowing the truth is not considered as publishing a defamatory libel if the published matter is believed to be true, is relevant to the inquiries, and does not exceed what is reasonably sufficient in the circumstances.

SECTION WORDING

313 No person shall be deemed to publish a defamatory libel by reason only that he publishes, in answer to inquiries made to him, defamatory matter relating to a subject-matter in respect of which the person by whom or on whose behalf the inquiries are made has an interest in knowing the truth or who, on reasonable grounds, the person who publishes the defamatory matter believes has such an interest, if (a) the matter is published, in good faith, for the purpose of giving information in answer to the inquiries; (b) the person who publishes the defamatory matter believes that it is true; (c) the defamatory matter is relevant to the inquiries; and (d) the defamatory matter does not in any respect exceed what is reasonably sufficient in the circumstances.

EXPLANATION

Section 313 of the Criminal Code of Canada deals with the issue of publishing defamatory matter in response to inquiries made by someone who has an interest in knowing the truth about a subject matter. This section provides some protection to individuals who may be required to provide information that might otherwise be subject to defamation claims. This provision states that a person will not be considered guilty of publishing defamatory matter merely because they did so in response to an inquiry related to a subject in which the inquirer has a vested interest. This exception applies if the person who published the matter did so in good faith, had grounds to believe that the information provided was true, and if the matter published was relevant and not excessive. This section recognizes that there may be times when it is necessary to provide negative information about someone or something in the course of providing truthful information to an interested party. It is also designed to encourage people to speak up and share important information without fear of legal repercussions. It is still important, however, to be cautious when publishing potentially defamatory information. Anyone who publishes information should ensure that they are acting in good faith, have gathered sufficient evidence to believe that the information is true, and have taken steps to limit any potential harm that their statements may cause.

COMMENTARY

Section 313 of the Criminal Code of Canada is an important provision that provides an exception to the law of defamation in cases where defamatory matter is published in response to inquiries about a certain subject-matter. This exception is crucial as it provides individuals with a legitimate means of obtaining information that may be critical to their interests without fear of potential litigation for defamation. Essentially, Section 313 states that a person will not be considered to have published a defamatory libel if they publish defamatory matter in response to inquiries made to them about a subject-matter in which the inquirer has an interest in knowing the truth. The section then outlines four conditions that must be met for this exception to apply. First, the defamatory matter must be published in good faith, for the purpose of providing information in response to the inquiries. This condition is important as it ensures that the exception is not being abused for malicious or personal reasons. Secondly, the person publishing the defamatory matter must believe that it is true. This condition is critical, as it ensures that only truthful information is being disseminated and prevents the exception from being used to propagate rumors or falsehoods. Thirdly, the defamatory matter must be relevant to the inquiries being made. This condition is necessary as it ensures that the defamatory matter is not being used as a vehicle for unrelated attacks. Finally, the defamatory matter must not exceed what is reasonably sufficient in the circumstances. This condition is crucial as it ensures that the exception is being used to provide only the necessary information and not to unnecessarily disparage an individual or entity. Overall, Section 313 of the Criminal Code of Canada serves to strike a balance between the right to free expression and the protection of individuals' reputations. It provides individuals with a legitimate means of obtaining truthful information critical to their interests while still ensuring that defamatory statements are not being used for malicious purposes. However, it is important to note that this exception only applies to criminal law and does not provide immunity from civil liability for defamation. Therefore, individuals should still exercise caution when publishing any potentially defamatory information, even if it falls under the exceptions outlined in Section 313. In conclusion, Section 313 of the Criminal Code of Canada serves to provide a necessary exception to the law of defamation in cases where defamatory matter is published in response to inquiries about a certain subject-matter. Its four conditions work together to ensure that this exception is being used appropriately and that individuals are protected from malicious and unfounded attacks on their reputation.

STRATEGY

When dealing with Section 313 of the Criminal Code of Canada, it is important to consider the circumstances in which defamatory matter is published in response to inquiries. This section provides guidelines that help to ensure that the defamatory matter is not excessive and remains relevant. These guidelines act as a defence to publishers who make defamatory statements in response to inquiries made to them in good faith. One strategic consideration when dealing with Section 313 is to thoroughly investigate the nature of the inquiries. This is because the defamatory matter must relate to the subject matter of the inquiry. If it does not, there is a risk that the publication may be deemed defamatory and lawsuits could be pursued. Publishers should therefore obtain all relevant information about the inquiry to ensure that the defamatory matter is germane to the inquiry. Another strategic consideration is to ensure that the defamatory matter that is published does not exceed what is reasonably necessary in the given circumstances. This means that the publisher should only publish what is necessary to provide accurate information, and not go beyond what is required to avoid any risk of being sued for defamation. Publishers should keep in mind that even if they believe the matter to be true and the defamatory statements are relevant to the inquiry, they can still be held liable for exceeding what is reasonable under the circumstances. In order to best comply with Section 313, publishers should keep clear records of the inquiries, the defamatory matter published, and why the statements were necessary for the inquiry. These records should be kept for at least two years. Keeping records is a smart strategy to be prepared in case there are any lawsuits brought against a publisher whose statements were deemed defamatory. A strategy that could be employed to avoid any legal action or negative consequences is to have a prominent disclaimer declaring that the information provided in response to inquiries is based on the publisher's knowledge and beliefs at the time of publication and that readers should not rely on it as an absolute truth. This disclaimer can help to protect publishers from frivolous lawsuits. In conclusion, Section 313 of the Criminal Code of Canada provides important guidelines for publishers of defamatory matter in response to inquiries made to them. To avoid legal consequences, publishers should ensure that the defamatory matter relates to the subject matter of the inquiry, that it does not exceed what is reasonable under the given circumstances, and they keep records of all conversations and inquiries. Employing a disclaimer is also a useful strategy to avoid lawsuits.