INTRODUCTION AND BRIEF DESCRIPTION
Sellers of books or other non-newspaper items cannot be charged with libel if they did not know the item contained defamatory material at the time of sale.
SECTION WORDING
304(1) No person shall be deemed to publish a defamatory libel by reason only that he sells a book, magazine, pamphlet or other thing, other than a newspaper that contains defamatory matter, if, at the time of the sale, he does not know that it contains the defamatory matter.
EXPLANATION
Section 717(2) of the Criminal Code of Canada is important because it pertains to the use of alternative measures, such as diversion programs, to deal with individuals who have been alleged to have committed criminal offences. Essentially, the section outlines two scenarios where alternative measures cannot be used: Firstly, if an individual denies any participation or involvement in the alleged offence, alternative measures cannot be used. This is because diversion programs are typically used in cases where the individual admits to their wrongdoing and shows a willingness to make amends and address the root causes of their behaviour. If an individual denies any involvement in the alleged offence, there is no basis for them to participate in an alternative measure program. Secondly, if an individual expresses a wish to have any charge against them dealt with by the court, alternative measures cannot be used. This is because every accused person has the right to a fair trial and to have their case heard in court. If an individual wants to go through the court system, they have the right to do so and alternative measures cannot be used to circumvent the legal process. This section is significant because it ensures that alternative measures are only used in appropriate cases, where individuals are willing to take responsibility for their actions and address underlying issues. It also ensures that accused persons have the right to choose how their case is dealt with and that the criminal justice system operates fairly and justly.
COMMENTARY
Section 304(1) of the Criminal Code of Canada provides protection for individuals who sell books, magazines, pamphlets or any other material, apart from a newspaper, that contains defamatory matter. This section is based on the principle that the seller should not be held liable for defamatory matter contained in the materials they sell if they are not aware of the content of those materials. Defamation is a serious legal issue that can cause significant harm to a person's reputation and livelihood. A defamatory statement is one that harms a person's reputation by communicating false information, or information that is presented in a misleading or inaccurate manner. Publication of a defamatory statement is an essential element of defamation, and it is punishable by law. In the context of the media industry, publishers, journalists, and editors are primarily responsible for the publication of defamatory materials. However, this responsibility extends to other parties involved in the publication process, including distributors, retailers, and booksellers. A person is said to "publish" a defamatory statement if they share, communicate, or disseminate that statement to a third party. Section 304(1) of the Criminal Code of Canada excludes booksellers, distributors, and retailers from being deemed publishers of defamatory material if they do not know the content of the materials they are selling. This section recognizes that booksellers and other retailers cannot be expected to scrutinize every book, magazine, or pamphlet they sell for defamatory content. Furthermore, it would be impractical to expect booksellers to be knowledgeable about the contents of every publication they stock. The protection offered by Section 304(1) mirrors the common law defence of innocent dissemination, which holds that a person who distributes a defamatory statement without knowledge of its content, or without reason to believe that the statement is defamatory, is not liable for defamation. The defence of innocent dissemination shields booksellers and other distributors from liability for the unintended publication of defamatory statements. However, Section 304(1) also sets a threshold for booksellers' liability based on their knowledge of the defamatory matter contained in the materials they sell. If a bookseller knows or has reason to believe that the materials they are selling contain defamatory matter, they can be held liable for the publication of those materials. This provision provides an incentive for booksellers to ensure that the materials they sell do not contain defamatory content. In conclusion, Section 304(1) of the Criminal Code of Canada provides valuable protection to booksellers and other distributors of publications against defamation claims arising from the materials they sell. This section recognizes that booksellers cannot realistically be expected to know the content of every publication they stock. The section also sets a threshold for liability based on the bookseller's knowledge of the defamatory content, which encourages booksellers to exercise care and diligence in selecting the materials they offer for sale. Overall, Section 304(1) strikes a reasonable balance between protecting individuals from defamation and ensuring that booksellers can sell a broad range of materials without undue risk.
STRATEGY
Section 304(1) of the Criminal Code of Canada provides a legal defense for those who sell publications that contain defamatory material, so long as they did not know the material was defamatory at the time of sale. This can be an important consideration for publishers or other individuals who distribute publications containing potentially contentious or controversial material. One of the key strategies that could be employed when dealing with this section of the Criminal Code is to conduct due diligence and take care to ensure that the publication being sold does not contain defamatory material. This may involve conducting a thorough review of the content prior to publication, seeking legal advice to identify any potential areas of risk or liability, and establishing clear editorial policies and procedures for content review. In cases where it is unclear whether material is defamatory or not, it may be advisable to err on the side of caution and avoid publishing or distributing the material until its legal implications can be fully assessed. This could include seeking a legal opinion from a qualified lawyer with experience in defamation law, as well as consulting with other industry professionals who may have expertise in the area. Another important strategy when dealing with section 304(1) of the Criminal Code is to maintain comprehensive records and documentation of the publication and distribution process, including any reviews or assessments conducted, legal opinions obtained, and communications with authors or other contributors. This can be important evidence in the event of a defamation claim or other legal challenge related to the publication. In addition to these legal and administrative strategies, it may also be beneficial to consider broader reputational risks and public relations implications when dealing with potentially controversial or contentious material. This could involve engaging with stakeholders, community groups, or other relevant parties to build support for the publication and address any concerns or objections that may arise. Ultimately, every case will be different, and the appropriate strategies for dealing with section 304(1) of the Criminal Code will depend on a wide range of factors, including the nature of the material, the level of risk or potential liability involved, and the overall goals and objectives of the publisher or distributor. By carefully considering these factors and taking a proactive and strategic approach, however, it is possible to navigate this legal landscape successfully while still pursuing important editorial and creative goals.