section 314

INTRODUCTION AND BRIEF DESCRIPTION

This section states that a person is not publishing a defamatory libel if they share information about a subject matter that they reasonably believe the other person has an interest in, as long as their conduct is reasonable, the information is relevant, and if false, is made without ill-will and believed to be true.

SECTION WORDING

314 No person shall be deemed to publish a defamatory libel by reason only that he publishes to another person defamatory matter for the purpose of giving information to that person with respect to a subject-matter in which the person to whom the information is given has, or is believed on reasonable grounds by the person who gives it to have, an interest in knowing the truth with respect to that subject-matter if (a) the conduct of the person who gives the information is reasonable in the circumstances; (b) the defamatory matter is relevant to the subject-matter; and (c) the defamatory matter is true, or if it is not true, is made without ill-will toward the person who is defamed and is made in the belief, on reasonable grounds, that it is true.

EXPLANATION

Section 314 of the Criminal Code of Canada outlines the circumstances under which a person can communicate defamatory matter without being accused of publishing a defamatory libel. This section provides a defence for individuals who share information with another person in good faith, concerning a subject that the person receiving the information has an interest in knowing the truth about. To be protected under Section 314, the person sharing the information must act reasonably in the circumstances and the defamatory matter must be relevant to the subject matter being discussed. Furthermore, the defamatory matter must be true or, if not true, made without ill-will toward the person who is defamed and with the belief, on reasonable grounds, that it is true. This section of the Criminal Code of Canada balances the protection of free speech and the protection of an individual's reputation. It allows individuals to share information that may be defamatory without fear of being charged with a criminal offence as long as they act in good faith and the information provided is relevant and true. This section recognizes that there may be situations where it is important to share information, even if it is negative or damaging to someone's reputation, as long as it is done for a legitimate reason and with good intentions.

COMMENTARY

Section 314 of the Criminal Code of Canada deals with the publication of defamatory libel. It is important to note that this section doesn't make it legal to publish defamatory matter, but it provides certain circumstances where the publication of defamatory matter doesn't constitute a crime. Section 314 sets out a defense for those who publish defamatory matter for the purpose of giving information to another person with respect to a subject-matter in which the person to whom the information is given has or is believed on reasonable grounds to have an interest in knowing the truth. It is understandable that people want to know the truth about certain matters, and it is important that individuals are not dissuaded from providing relevant and truthful information out of fear of being accused of libel. In this regard, the section provides some protection to individuals who have reasonable grounds to believe that the defamatory matter they are publishing to another person is true and relevant to the subject matter. In order to use the defense provided by section 314, three requirements must be met. The first requirement is that the conduct of the person who gives the information is reasonable in the circumstances. It means that the person giving the information must have acted upon reasonable belief and not on irrational or malicious intent. The onus is on the defence to demonstrate that their actions were reasonable in the given circumstances. The second requirement for the application of the defense under section 314 is that the defamatory matter must be relevant to the subject matter. When the defamatory matter is pertinent to the subject matter, it is viewed as information being provided in the interest of the person to whom it is being given. The final requirement is that the defamatory matter is true or made in good faith belief. This means that if the defamatory matter is not true, the individual publishing it must have done so without malice and with the belief that it is true on reasonable grounds. In conclusion, section 314 provides individuals with some protection against charges of defamatory libel when providing truthful information to another person. However, the circumstances in which this defense can be used are narrow, strict and subject to interpretation. Individuals should exercise caution when publishing defamatory matter, and err on the side of caution when presented with defamatory information about another person. At the end of the day, the damage done by defamatory remarks can be far-reaching and long-lasting and can ruin the reputation and livelihood of the persons who are the subject of such malicious statements. Therefore, it is important to make sure that information is accurate and truthful before publishing it.

STRATEGY

When dealing with Section 314 of the Criminal Code of Canada, individuals and organizations should consider several factors to ensure that they do not violate the law while communicating important information. One of the crucial factors is to have a clear understanding of the purpose of communicating defamatory matter to another person, which should be solely for the purpose of giving information about a subject-matter in which the recipient has an interest in knowing the truth. This requirement is essential for invoking the defense of providing information in good faith, which is the core of Section 314. Another important factor is the reasonableness of the conduct of the person providing the information. Reasonableness relates to whether a person acted with care and diligence in providing the defamatory matter to the recipient. For instance, if the person had a professional obligation to warn others of potential harm or danger, such as a doctor warning patients about a dangerous drug, their conduct may be deemed reasonable. Conversely, if a person maliciously spreads false information about someone to cause harm, their conduct may not be deemed reasonable. The relevance of the defamatory matter to the subject-matter is another key consideration. For instance, if a person communicates defamatory matter about a business to a potential customer, the matter should be related to the business's ability to provide services effectively or safely. If the communication is about the business owner's personal life, it may not be considered relevant to the subject-matter. In addition, whether the defamatory matter is true or not is an essential factor. Individuals or organizations need to ensure that the information they provide is true, to avoid violating the law. If the information is not true, they must have acted without malice and had a genuine belief, on reasonable grounds, that the information was accurate. Given the potential legal consequences of violating Section 314 of the Criminal Code of Canada, several strategies can be employed when communicating defamatory matter. Some of these strategies include: 1. Conduct a thorough investigation: Before communicating any defamatory matter, individuals or organizations should conduct a thorough investigation to ensure that the information is accurate, relevant, and necessary. 2. Limit the communication to the necessary parties: In some cases, it may not be necessary to communicate the defamatory matter to multiple parties. Limiting the communication to the necessary parties reduces the risk of legal action being taken against the person or organization. 3. Document the investigation: It is advisable to keep a record of the investigation, including research and interviews conducted. Documentation can serve as evidence to prove the good faith of the person or organization, if needed. 4. Obtain legal advice: It is advisable to obtain legal advice before communicating any defamatory matter. Legal advice can help to identify potential risks and advise on the best course of action, avoiding violation of the law. 5. Provide a context for the communication: Providing a context for the communication can help to establish the relevance of the defamatory matter to the subject-matter and demonstrate good faith. In conclusion, Section 314 of the Criminal Code of Canada provides a legal defense for individuals or organizations who communicate defamatory matter in good faith. However, to avoid violating the law and facing legal consequences, it is essential to consider the purpose, reasonableness, relevance, and truthfulness of the communication. Employing the strategies discussed can help to ensure compliance with the law and protect individuals and organizations from legal liability.