← Back to context

Comment by WhyNotHugo

1 day ago

If a newspaper publishes a story about a business and someone takes it upon themselves to attack the business, the attacker is at fault, regardless of the veracity of the newspapers claims.

I am in Canada, but I think it is the same in the US? A newspaper can be responsible here. For example, if they say "people should riot" and a riot happens, the newspaper could be responsible for all actions that resulted the same as if they were the ones doing the crime.

Same with if they become aware of defamation and fail to retract and make a statement. But newspapers will generally also thoroughly investigate themselves to make sure what they are publishing is true.

  • It is not the same in the U.S. (And, to be honest, I'm quite doubtful this is true in Canada, though I could be persuaded through legal citations that it is.)

    • "Under the Criminal Code of Canada (Section 21), you can be charged as a "party" to an offence if you were involved in planning, "encouraging", or aiding in its commission" Criminal Code (R.S.C., 1985, c. C-46)

      "21(1) Parties to Offence: Anyone who actually commits the offense, aids in committing it, or abets (encourages) someone in committing it is a party to the offense."

      I work in a law firm but NAL. I could probably find some cases if I had time. Most of the responses from people saying defamation is not very successful and "good luck" in the us because of 1A seem strange to me also.

      1 reply →