*media holds influence over court cases
-1959, gave a young girl a ride on her bike, dropped her off and saw a car pick her up
-at age 14 they sentenced him to hang
-public outraged at hanging someone that young so he was sentenced to life in prison
-media attention changed the case and in 2008 he was released with not enough evidence to convict him, recieved 6.5 million in compensation

PRECAUTIONS TO TAKE AS A REPORTER

1. It is our job to make cases well known.
2. You can ruin someones chances to a fair trial by what you publish.
3. No information can be released which identifies the alleged victim.
4. Mallace: Leaving clips and info out that would have balanced a case

DEFAMATION OF CHARACTER

SON OF A BITCH CASE

1. Based on the plain meaning of the words: Just because the plaintiff thinks the words are objective, it's up to right thinking poeple and what they view the words as. (Jury)
2. Innuendo: Did you infer, but not say?
3. The entire context of the story.
4. Did you intend to defame someone? If it was an accident the jury may decide you are a sloppy journalist and lessen the damages.

-in 1982, phone tip recied at the CBC that the deputy general Vogel was helping his friends in the court system, helping them lessen their criminal chargers
-the CBC failed to research where the tip came from
-wrongly reported that the deputy general was un-lawfully helping his friends
-courts filed against the CBC

-later came out that the tipster worked in the office and wanted Vogels job

-young investigative journalist told editors he had a story that the cabinet ministor (Monroe) was making sure his friends benefit from special contracts with Petro Canada
-Monroe threatened to sue if they said anything
-they ran the story because the young reporter said he had proof in documents
-Monroe sued and the reporter eventually admitted there were no documents
-Newspaper filed a story the next day "We Were Wrong"
-Ronald Reguly was suppose to be keeping watch on the young reporter
-both reguly and the reporter left the newspaper

1. Make sure everything involved in that story is in one place.
2. Let your news director know what is going on immediately.
3. When liable notice arrives, you have 3 days to apologize. Consult lawyer.
4. If you choose to apologize, the apology must go in the exact same place with the same importance as the original story.

1. If you choose to apologize, your apology must go in the exact same place and in the same importance as the original story.
2. Your apology must be extremely humble and genuine. When apologizing you want to say you are sorry for causing the person any embarrassment, but you don't want to admit you're wrong.
3. If an apology is recieved, most people back off.
4. If you make an apology, all the person can sue you for is out of pocket costs (no malice etc.)

TINY TOWNSHIP LAW FIRM vs. MIDLAND NEWSPAPER

-William Olgalvie bought an AD in a Tiny Township newsapepr and wrote "William Olgalvie speaks out, the betrayal of Tiny Township."
-the law firm immediately launched legal action
-newspaper said it had nothing to do with the opinion of the newspaper
-no one at the newspaper had read the advertisement, and were therefore malicious for posting it and not doing their job
-newspaper lost

1. Someone complaining must notify someone within six weeks of the news report coming to their attention.
2. You have three months to actually launch the action.
3. You should keep everything you have to do with every story you do for at least six months to be safe.
4. In BC, Alberta, Manitoba, and Newfoundland they are given two years to launch a suit

-Stratetgic Lawsuits Against Public Participation
-using the threat "if you run that story i'll sue you"
-truth is your defence everywhere but Quebec

-members of parliament can speak out on any issue even if they are liable
-this must be while they are working (when parliament is in session)
-journalists can report anything said in parliament beceause they had a privelage to say it
-this privelage dissapears the moment they leave the courtroom
-it is very important that witness's are able to say whatever they want without having the threat of being liabled

-every fact doesn't have to be correct every time, if it is important and the public should be notified of the issue then it is important to report on it
-if perfection is always demanded, then then the information that people should know may not get out

-a comment on a matter of public interest
-fair comment on a fair issue
-must reflect an opinion that anyone is capable of holding based on those facts