What is the test for qualified privilege in media communications?

Ontario, Canada


The following excerpt is from David Robinson and Marilyn Robinson v. Ontario Society for the Prevention of Cruelty to Animals, 2012 ONSC 3647 (CanLII):

Finally, despite the creation of the relatively new defence of responsible communication in relation to media defendants, qualified privilege remains available in cases of mass media communications and is to be assessed using the same criteria as in all cases of qualified privilege; an occasion of publication which is privileged if the publisher has an interest or duty, legal, social, moral or personal, to publish the information at issue to the person to whom it is published, and the person to whom it is published has a corresponding interest or duty to receive it. 12 12 Grant v. Torstar Corp., supra Summary Judgement

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