What is the defence of responsible communication in a defamation case?

Ontario, Canada


The following excerpt is from Daboll v. DeMarco, 2011 ONSC 1 (CanLII):

Responsible communication: The defence of responsible communication is available where the publication is on a matter of public interest and the publisher was diligent in trying to verify the allegation, having regard to the following factors: the seriousness of the allegation; the public importance of the matter; the urgency of the matter; the status and reliability of the source; whether the plaintiff's side of the story was sought and accurately reported; whether the inclusion of the defamatory statement was justifiable; whether the defamatory statement's public interest lay in the fact that it was made rather than its truth; and any other relevant circumstances. This defence does not require a separate inquiry into malice, since a defendant who has acted with malice in publishing defamatory statements has by definition not acted responsibly (see Grant v. Torstar Corp., 2009 SCC 61 (CanLII), [2009] S.C.J. No. 61, at para. 125-126).

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