section 311

INTRODUCTION AND BRIEF DESCRIPTION

Section 311 of the Criminal Code exempts publication of defamatory matter if it was for public benefit and the information is true.

SECTION WORDING

311 No person shall be deemed to publish a defamatory libel where he proves that the publication of the defamatory matter in the manner in which it was published was for the public benefit at the time when it was published and that the matter itself was true.

EXPLANATION

Section 311 of the Criminal Code of Canada is an important provision that allows individuals to defend themselves against allegations of defamatory libel. This section provides a defense for individuals who have published defamatory statements that are true and were made for the public benefit. The section states that no person shall be deemed to publish a defamatory libel if they can prove that the publication was made for the public benefit and that the matter in question was true. This means that if an individual can demonstrate that their statement was true and served a public interest, they cannot be found guilty of defamatory libel. This section is particularly relevant in situations where individuals may have made statements that are critical of public officials or others who hold positions of power. For example, a journalist who reports on a politician's corrupt activities may be accused of defamatory libel. However, if the journalist can demonstrate that their allegations are true and that their reporting was in the public interest, they may be able to use Section 311 as a defense. Overall, Section 311 of the Criminal Code of Canada is an important provision that helps safeguard free speech and protects individuals who make statements that are critical of those in positions of power. It ensures that individuals have the right to speak the truth and report on matters that are in the public interest without fear of being criminally prosecuted for defamation.

COMMENTARY

Section 311 of the Criminal Code of Canada is a provision that protects individuals from being prosecuted for publishing a defamatory libel if they can prove that the publication was for the public benefit at the time it was published, and that the matter itself was true. This provision is aimed at protecting the freedom of speech and expression while balancing the interests of the public and individuals who may be subjected to defamation. Defamation is defined as the communication of a statement that is false, injurious to the reputation of another person, and made with the intention of harming or damaging their reputation. Defamatory statements can be published in various forms, including written, verbal, and digital communication. This can include statements made on social media, in newspapers or magazines, on television or radio, and in other forms of media. The primary purpose of Section 311 of the Criminal Code of Canada is to provide a defence for individuals who publish defamatory statements that are beneficial to the public. This provision recognizes that sometimes, the public interest may require the publication of defamatory statements, such as when publishing allegations of wrongdoing by public officials or exposing criminal activities. In order to use this defence, the individual must prove that the defamatory statement was made for the public benefit at the time it was published. This means that the statement must be intended to inform or educate the public about a matter of public concern that outweighs any harm caused by the statement. Furthermore, the individual must also prove that the matter itself was true. This recognizes that the truth is a defence to an allegation of defamation and that the public has a right to know the truth about matters of public concern. Overall, Section 311 of the Criminal Code of Canada strikes a balance between protecting the freedom of speech and expression while still taking into account the harm that defamatory statements can cause to individuals. By requiring individuals to prove that the publication of defamatory statements was for the public benefit and that the matter was true, it ensures that the defence is only available in circumstances where the public's right to know outweighs any harm caused to individuals. This allows individuals to speak freely without fear of prosecution, while still protecting the reputations of those who may be harmed by defamatory statements.

STRATEGY

Section 311 of the Criminal Code of Canada provides a potential defense against a charge of defamation or libel in certain circumstances. This provision states that if a person can prove that the publication of a defamatory matter was for the public benefit at the time of publication and that the matter itself was true, then they cannot be deemed to have published a defamatory libel. Strategic Considerations When dealing with this section of the Criminal Code of Canada, there are several strategic considerations that one needs to take into account. 1. Evidence: In order to invoke this provision, the accused must provide evidence to prove that the publication of the defamatory matter was for the public benefit and that the matter itself was true. This requires careful gathering and assessment of evidence that supports both claims. 2. Public Benefit: It is important to define and demonstrate the public benefit of the publication. The accused must show that the defamatory matter was published for the public good and not merely for personal gain or interests. This requires a comprehensive understanding of the target audience and the potential impact of the information. 3. Timing: The timing of the publication is crucial. The accused must demonstrate that the publication was for the public benefit at the time it was made. Information that was once considered to be for public benefit may no longer be true given the passage of time or changing social and political circumstances. Strategies There are several strategies that one can employ when dealing with Section 311 of the Criminal Code of Canada. 1. Risk Assessment: Assess the potential risks in invoking this provision, including potential legal costs, negative publicity, and reputational damage. It is important to evaluate these risks against the potential benefits of proving that the publication was for the public benefit. 2. Evidence Gathering: Collect as much evidence as possible to prove that the publication was for the public benefit and that the matter was true. This may include eyewitness testimony, expert opinions, and documentary evidence. 3. Negotiation: Attempt to negotiate with the claimant or prosecutor. Defamation cases can be costly, time-consuming, and emotionally draining. If the evidence suggests that the matter was published for the public benefit and was true, attempting to negotiate a settlement may be the best option. 4. Public Relations: Manage the public relations aspect of the case by communicating with the media, stakeholders and other interested parties. It is important to ensure that the message is clear and consistent and that the potential benefits of the publication are communicated effectively. Conclusion Section 311 of the Criminal Code of Canada provides a potential defense against a charge of defamation or libel in certain circumstances. However, invoking this provision requires careful consideration of the potential risks and strategic planning to gather and present evidence that supports the claims of public benefit and truth. In the event of a defamation claim, exploring all available strategies and avenues for defense is crucial for mitigating risks and protecting one's interests.