Is Public Interest Responsible Communication available as a defence against defamation?

Ontario, Canada


The following excerpt is from Canadian Standards Association v. P.S. Knight Co. Ltd., 2019 ONSC 1730 (CanLII):

Public Interest Responsible Communication (“PIRC”) is available as a defence where the publication relates to a matter of public interest and the publisher was diligent in trying to verify the allegations. In determining whether this defence is applicable, the court must consider the seriousness of the allegations, the public importance of the matter, the urgency, the status and reliability of the sources, whether the plaintiff’s side of the story was sought and accurately reported, whether inclusion of the defamatory statement was justifiable, the public interest of the defamatory statement and any other relevant circumstance. Publications that are motivated by malice necessarily fail the defence of PIRC: see Grant v. Torstar Corp., supra, at paras. 110-126.

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