What are the defences of qualified privilege and fair comment?
Yukon, Canada
The following excerpt is from Ramirez v. Gale, 2017 YKSC 29 (CanLII):
“The law of defamation is essentially aimed at the prohibition of the publication of injurious false statements.” The law of defamation provides, however, for the defences of fair comment and of qualified privilege in appropriate cases. Just because someone publishes a hurtful comment does not mean that they will be liable for it if they do so in circumstances of qualified privilege or fair comment. Those who publish statements should assume a reasonable level of responsibility: Hill v. Church of Scientology of Toronto, 1995 CanLII 59 (SCC), [1995] 2 SCR 1130, at para. 137.
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