section 584(3)

INTRODUCTION AND BRIEF DESCRIPTION

Proof of published matter being libellous is sufficient for trial.

SECTION WORDING

584(3) It is sufficient, on the trial of a count for publishing a libel, to prove that the matter published was libellous, with or without innuendo.

EXPLANATION

Section 584(3) of the Criminal Code of Canada pertains to the offense of publishing a libel. A libel is a false and malicious publication that injures a person's reputation or standing in the community. The publication can be in any form, including writing, printing, picture, effigy, or anything else that is visible to the public. This section provides guidance to the court on how to prove the offense of publishing a libel. According to the provision, it is sufficient to prove that the matter published was libelous, with or without innuendo. This means that the prosecution does not need to prove the defendant's intent to injure the victim's reputation or standing in the community. In other words, if the matter published is found to be defamatory in nature, it will be considered a libel even if the defendant did not intend to defame the victim. This provision provides some protection to the victim's reputation and standing in the community, as the defendant cannot escape prosecution by claiming lack of intent. Moreover, this provision also makes it easier for the prosecution to prove the offense of publishing a libel, as they do not have to prove any additional element of intent. It significantly reduces the evidentiary burden on the prosecution, making it easier to secure a conviction. In summary, section 584(3) of the Criminal Code of Canada provides the court with a simplified standard of proof for establishing the offense of publishing a libel. It provides some protection to the victim's reputation and makes it easier for the prosecution to secure a conviction.

COMMENTARY

Section 584(3) of the Criminal Code of Canada deals with the offence of publishing a libel and the evidentiary requirements for proving this offence. The section specifies that it is sufficient to prove the offence of publishing a libel by demonstrating that the matter published was libellous, with or without innuendo. In other words, the Prosecution does not have to establish that the accused intended to defame the victim or that the victim actually suffered any harm or damage to their reputation; it is enough to prove that the material in question is defamatory on its face. Libel law in Canada is primarily governed by the common law, which is supplemented by the Criminal Code of Canada. According to common law, a libel occurs when a statement, whether written or spoken, refers to a person in such a way as to defame their reputation. To be considered a libel, the statement must be false and cause harm to the victim's reputation. Under Canadian law, the burden of proof for establishing a libel suit is quite high, and the onus is on the plaintiff to show that the defamatory statement was published with malice or an intention to harm the plaintiff's reputation. Section 584(3) of the Criminal Code of Canada lowers this burden of proof for the Prosecution, by allowing them to prove the offence of publishing a libel with or without innuendo. This means that the Prosecution does not have to establish that the accused intended to defame the victim or that the victim actually suffered any harm or damage to their reputation; it is enough to prove that the material in question is defamatory on its face. While Section 584(3) does afford some protection to victims of libel, it has also been criticized for being too broad and potentially stifling freedom of expression. Critics argue that Section 584(3) could allow the Prosecution to bring charges against individuals who have no intention of defaming a person but are simply expressing their views on a matter of public interest. This could have a chilling effect on free speech and discourage individuals from expressing themselves on important issues. In addition to the potential impact on freedom of expression, Section 584(3) has also been criticized for being vague and unclear. The section does not define what is meant by "libellous," leaving it open to interpretation and potential abuse by the Prosecution. Critics argue that this lack of clarity could result in a situation where charges are brought against individuals for expressing opinions or facts that are true and verifiable, but that happen to damage the reputation of another person. In conclusion, Section 584(3) of the Criminal Code of Canada provides a mechanism for punishing individuals for publishing defamatory material. While this section does offer some protection to victims of libel, it has also been criticized for being too broad and potentially stifling freedom of expression. As with many legal provisions, it is important to ensure that Section 584(3) is interpreted and applied in a manner that strikes an appropriate balance between protecting individual reputations and upholding the right to free speech.

STRATEGY

Section 584(3) of the Criminal Code of Canada provides a crucial defence to individuals who are accused of publishing a libel. This section states that it is sufficient to prove that the matter published was libellous, with or without innuendo. This means that a person may not be held criminally liable for publishing a libel if they can prove that what they published was true or that they published it in good faith for the public's benefit. When dealing with section 584(3), there are several strategic considerations that individuals and their legal counsel must keep in mind. These considerations may include the following: 1. Establishing the truth: To prove that the matter published was not libellous, individuals must provide evidence to show that what they published was true. This may require extensive research and investigation, including identifying witnesses or obtaining documentation to support their claims. The focus of the defence may need to be on facts and evidence to counter the allegations in the libel. 2. Demonstrating good faith: If individuals cannot establish the truth of the matter published, they must show that they published in good faith, meaning that they believed the statements were true and that they had a legitimate interest in publishing them. This may require demonstrating that they acted responsibly in publishing the article or statement and that they did not act with malice, spite or an intent to harm the person who is the subject of the article. 3. Managing reputational damage: Even if individuals or entities successfully defend against a libel charge, the reputational damage caused by the publication may still be significant. Damage control may be necessary to mitigate the reputational effects of the allegations made. 4. Considering alternative legal options: Individuals may pursue other legal options to counter the alleged libel, rather than defending themselves in a criminal proceeding. For instance, utilizing civil litigation may allow individuals to target financial recovery for damage done, rather than offences done. Strategies that could be employed include: 1. Retaining legal representation: individuals or entities accused of publishing a libel should consider hiring a legal representative who can help them evaluate the merits of their case, research and prepare a legal defence. 2. Focusing on the facts: Since the defence of truth is critical to establishing innocence under Sec. 584(3), individuals should focus on gathering and presenting evidence that supports their statements. 3. Consulting with experts: Legal counsel may advise seeking the aid of expert witnesses such as subject matter experts such as legal or scientific professionals in order to support the veracity of the article. In conclusion, Section 584(3) of the Criminal Code of Canada provides individuals with a viable defence against libel charges. Individuals or entities facing a libel charge must be prepared to establish the truth or good faith of their statements. One must consider all their options, including retaining the services of a legal counsel who can help navigate the legal system. To defend against a libel charge, individuals should focus on gathering and presenting evidence that supports their statements. Only with facts and evidence can they successfully defend themselves and clear their names.