The Process is the Punishment: Criminal Libel and Political Speech in Canada. Issue 3 (3rd July 2018)

• Record Type: Journal Article
• Authors: Taylor, Lisa; Pritchard, David
• Is Part Of: Communication law and policy. Volume 23:Issue 3(2018)
• Page Start: 243
• Page End: 266
• Publication Date: 2018-07-03
• Subjects: Mass media -- Law and legislation -- United States -- Periodicals; Freedom of speech -- United States -- Periodicals; Mass media policy -- United States -- Periodicals; 343.73099
• DOI: 10.1080/10811680.2018.1467155
• Languages: English
• ISSNs: 1081-1680

Abstract

Abstract : The number of U.S. states with criminal libel laws has been steadily declining since the 1960s, and the offense has been struck down in the United Kingdom and several former British colonies. In Canada, however, criminal libel not only continues to exist, but appears to be enjoying a resurgence, albeit one that has flown beneath the radar of Canadian lawyers, judges, and journalists, who frequently assert that criminal libel prosecutions are rare. The research reported in this article found more than 400 prosecutions since the beginning of the twenty-first century. While many of these cases were brought against people who disseminated sexual slurs against former romantic partners, in a substantial number of cases criminal libel law was used to punish citizens' political speech, particularly speech critical of police or other justice system officials, a use wholly inconsistent with the Canadian Charter of Rights and Freedoms.