A Canadian Perspective on Libel Tourism – Antonin I. Pribetic

23 03 2011

As with most Commonwealth jurisdictions, Canada (except the province of Quebec) has followed the English law of defamation. For this reason alone, Canadian journalists, bloggers and defamation lawyers, should take note of the recent tabling of the U.K. Government’s Draft Defamation Bill, which will undoubtedly have some impact on how Canadian defamation law in the digital age responds to the tension between freedom of expression on the one hand, and the protection of reputation and privacy, on the other. Read the rest of this entry »


Can the Media use Parliamentary Privilege to Circumvent Reporting Restrictions in Privacy Injunctions? – Henry Fox

23 03 2011

The recent claim in Parliament by Liberal Democrat MP John Hemming (pictured right) that Sir Fred Goodwin has obtained an injunction to prevent him being identified as a banker has reignited interest in the suggestion that the media can in some way sidestep the secrecy of an injunction through the indirect use of Parliamentary privilege. The incident is reminiscent of Paul Farelly’s revelation to Parliament that Trafigura had obtained a so-called “super-injunction” against the Guardian in October 2009. Read the rest of this entry »