section 297

INTRODUCTION AND BRIEF DESCRIPTION

Section 297 defines newspaper for the purposes of sections 303, 304, and 308 of the Criminal Code as any periodic publication containing public news, intelligence, reports, remarks, observations, or advertisements.

SECTION WORDING

297 In sections 303, 304 and 308, "newspaper" means any paper, magazine or periodical containing public news, intelligence or reports of events, or any remarks or observations thereon, printed for sale and published periodically or in parts or numbers, at intervals not exceeding thirty-one days between the publication of any two such papers, parts or numbers, and any paper, magazine or periodical printed in order to be dispersed and made public, weekly or more often, or at intervals not exceeding thirty-one days, that contains advertisements, exclusively or principally.

EXPLANATION

Section 297 of the Criminal Code of Canada defines the term "newspaper" as it is used in sections 303, 304, and 308 of the code. In these sections, the term newspaper is used in reference to offences that relate to the dissemination of obscene materials and defamatory libel. According to the section, a newspaper can be any paper, magazine, or periodical that contains public news, intelligence, or reports of events, as well as any remarks or observations on such matters. The material must be printed for sale and must be published periodically, either in parts or numbers, with intervals of no more than 31 days between the publication of any two such papers, parts, or numbers. In addition, any paper, magazine, or periodical that is printed with the intention of being dispersed and made public on a weekly basis or more frequently, with intervals of no more than 31 days, and that primarily or exclusively contains advertisements is also considered a newspaper. This definition is important in the context of the Criminal Code of Canada because it helps to establish what types of publications are subject to the offences outlined in sections 303, 304, and 308. By defining the term newspaper, the code ensures that these sections apply to a specific category of publications that share certain characteristics, including a regular publishing schedule and content that is intended for public consumption.

COMMENTARY

Section 297 of the Criminal Code of Canada is an important clause that defines the term "newspaper" in sections 303, 304, and 308. According to this section, a newspaper is any paper, magazine or periodical that contains public news, intelligence, or reports of events, or any remarks or observations thereon, printed for sale and published periodically or in parts or numbers. The section also includes any paper, magazine, or periodical printed to be dispersed and made public, weekly or more often, or at intervals not exceeding thirty-one days, that contains advertisements, exclusively or principally. The inclusion of this definition in the Criminal Code serves to protect newspapers and other periodicals that are disseminating information to the public. By defining what constitutes a newspaper, the government is able to provide certain legal protections to these publications. For example, the government may be able to give special recognition to newspapers when it comes to access to information laws or shield laws. One of the most important aspects of this definition is the requirement that the publication is printed for sale. This requirement ensures that the publication is treated as a commercial enterprise rather than a personal blog or social media account. This is a critical distinction because businesses are subject to more regulations than individuals. For example, businesses are required to pay taxes, and they may be subject to additional laws governing advertising and marketing. The requirement that the publication be published periodically or in parts or numbers is also important. This ensures that the publication is not a one-time or sporadic event. This also allows readers to rely on the publication for regular updates on news and events. The inclusion of advertisements is also a key aspect of this definition. Newspapers and other periodicals rely heavily on advertising to generate revenue. By including advertisements as part of the definition, the government is acknowledging the importance of advertising to the industry. This also gives advertisers some legal protections, such as the ability to sue for defamation or false advertising. Overall, Section 297 of the Criminal Code of Canada serves an important purpose in defining what constitutes a newspaper or periodical. By providing a clear definition, the government can offer protections to these publications. This, in turn, helps to ensure that the public has access to reliable sources of information, which is critical for a healthy democracy. Whoever violates this definition is subjected to criminal offences.

STRATEGY

Section 297 of the Criminal Code of Canada outlines the definition of a newspaper in the context of sections 303, 304 and 308. The section focuses on the publication of public news, intelligence, reports of events, or observations on such matters. It defines a newspaper as any paper, magazine, or periodical printed for sale and published periodically or in parts or numbers, at intervals not exceeding thirty-one days between publications. Additionally, any paper, magazine, or periodical printed weekly or more frequently, or at intervals not exceeding thirty-one days, that is primarily or exclusively advertising, is also deemed a newspaper. The strategic considerations when dealing with this section of the Criminal Code of Canada would likely depend on the context in which it comes into play. Some general considerations that could apply include: 1. Business models: Since the definition of a newspaper includes publications that are primarily or entirely advertising, businesses that rely on advertising revenue should be aware of the requirements and restrictions outlined in this section. 2. Regulatory compliance: Those involved in publishing newspapers should ensure that their publications meet the definition outlined in section 297. Failure to comply with the definition could lead to legal consequences, including charges under the Criminal Code of Canada. 3. Legal risks: A number of other sections of the Criminal Code of Canada refer to newspapers, including those related to defamation, obscenity, and hate speech. When dealing with these topics, it is important to be aware of the legal risks involved in publishing content that may be seen as defamatory, obscene, or promoting hate. When considering strategies to deal with this section of the Criminal Code of Canada, the first step may be to consult with legal counsel to ensure that the publication complies with the definition outlined in section 297. From there, strategies might include: 1. Balancing news and advertising: Publications that rely on both news content and advertising revenue may need to weigh the balance between the two carefully. While advertisements are necessary for financial sustainability, a publication that focuses too heavily on advertising may risk falling out of compliance with the definition outlined in this section. 2. Avoiding legal risk: Those involved in publishing newspapers should be aware of the legal risks involved in publishing content related to defamation, obscenity, and hate speech. Strategies for avoiding legal risk may include fact-checking, avoiding potentially inflammatory language, and ensuring that any controversial opinions are backed up by evidence. 3. Building trust with readers: As trust in traditional media declines, publications that can establish a reputation for factual reporting and unbiased coverage may be more likely to attract and retain readers. Strategies for building trust might include transparent reporting practices, engaging with readers through social media and other channels, and presenting a variety of perspectives on contentious issues. Overall, the strategic considerations when dealing with section 297 of the Criminal Code of Canada are likely to be complex and multifaceted. By being aware of the legal requirements outlined in the section, and by developing a strategic approach that balances financial sustainability with ethical and legal considerations, publications can position themselves for success in an ever-changing media landscape.