Media and Defamation Law (LAW369H1S)

What happens when the public’s right to know what is going on in our courtrooms conflicts with an accused’s right to a fair trial? Does our society value a person’s right to a good reputation more highly than another’s right to free speech? Does freedom of expression include the legal right to have access to government information as part of the newsgathering process? In media law, fundamental values collide daily; this course will provide a debate on how those conflicts should be resolved. Topics include: libel, with an emphasis on the developing defences to libel actions, including a look at developments in other countries; contempt of court, publication bans and the right to a fair trial; legal rights of the press to collect, protect, and publish information; and the litigation process, including protection of confidential sources and the challenges of jury trials in libel actions. The course will examine this complex and exciting area of the law, using practical examples, putting students “inside the newsroom.” It will review laws in Canada – common law, statutes and the Charter - and approaches in other countries, and challenge students to resolve the conflicts between protecting reputation and “libel chill”, to debate whether the media should have special rights, and what limits there should be on freedom of the press.