Canada's New Development Of Defamation Defenses And Enlightenment

This article introduced the new defense named “Responsible Communication onMatters of public Interest” which updated Canada’s Defamation Laws in the way ofanalyzing “Grant v. Torstar Corp.” case, while recommended the influence of this newdefense on China’s legal practice. First and foremost, starting from the theory ofbalancing free expression and reputation, the author verified that reporting certainevents focused on the “Public Interest” is according with the intrinsic value offreedom of expression which regulated in Canadian Charter of Rights and Freedomsfrom the perspective of free expression, at the same time, confirmed the defects of“Justification”,“Qualified Privilege” and “Fair Comment” which led the chillingeffect on the free expression of mass media. From the perspective of reputationprotection, the author proved the necessity of following the requirement of“Responsible Communication” by both the traditional media and new media, also thenecessity of transferring the professional rules formed in the field of mass media intolegal scenario. Secondly, the article specifically analyzed the defense of “ResponsibleCommunication on Matters of public Interest” through identifying the scope of“Public Interest” and discussing the elements which constituted the standard of“Responsible Communication”. Last but not least, in the discussion of “FirstMicroblog” case, the author mentioned how to realize the fundamental protectionprovided by Constitution to achieve the objective of free expression in China? How toidentify the scope of “Public Interest” in China? How to provide courts the trial rulesby following the professional rules formed in the field of mass media under thedirection of Regulations Concerning Strictly Preventing False News Reports issued byNews Authority of China. After solving the questions above, the author tried to fit thereasonable and functional rules established by the common law jurisprudence into theregulations of media tort in China in order to strengthening advantages and avoidingdisadvantages.