What is the test for publishing a report of a judicial proceeding?
British Columbia, Canada
The following excerpt is from Ager v. Canjex Publishing Ltd., 2003 BCSC 891 (CanLII):
In Delegal v. Highley (1837), 3 Bing (N.C.) 950 at 960-61, 132 E.R. 677 at 681, Tindal C.J. said: ...it is an established principle, upon which the privilege of publishing a report of any judicial proceedings is admitted to rest, that such report must be strictly confined to the actual proceedings in court, and must contain no defamatory observations or comments from any quarter whatever, in addition to what forms strictly and properly the legal proceedings...
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