Tuesday, December 22, 2009

A media 'victory'

The national media this morning is carrying news of a media 'victory' in the Supreme Court of Canada. The 'Supremes,' as some wags have dubbed them, have ruled 9-0 to uphold an Ontario Court of Appeal decision throwing out libel awards against two Ontario papers. In effect, the high court said that if the reporter/news outlet could show it engaged in 'responsible journalism' in reporting an allegedly libelous article, that would be a defense against a claim. The Globe and CBC, among others, hit the decision story hard. For journalists, there is a lot of like about this decision. But as with any court ruling, the devil will be in the details and those will take awhile to work out. So we will withhold our high-fives for now. One aspect of the decision that does appear to be positive, however, is the inclusion by the court of bloggers under the new umbrella of protection from defamation actions. In effect, the high court recognized bloggers as journalists, for purposes of the decision. What is really interesting about this is, in order for the blogosphere to actually claim this protection, it must meet the same tests of responsible practice as regular journalists, including balance, and a serious effort to check information for accuracy. That's something many (most? all?) bloggers aren't currently doing. So what this decision may do, among other things, is force all those freelance opinion peddlars who have been merrily defaming their various pet targets to actually get some information for a change, check it out, talk to people they don't agree with and include those comments in their posts. In other words, they are going to have to start practicing real journalism. Or they can risk getting sued. Some of them may consider this decision a gag order. It is no such thing. It is simply a legal request that they do more than just call themselves journalists, but actually do what professional journalists do. If they can meet the test, great. We need more good journalism. If not, well, see you in court?

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