[PASSED] Amendment to Article 1 of the Criminal Code (Defamation) |
(11-24-2018, 07:59 AM)palaisbellevuebz Wrote:(11-24-2018, 06:34 AM)Belschaft Wrote: Yes - adding "in my opinion" doesn't change anything. I think the example you provide is an interesting one because the statement "I think Trump has a very, very bad personality and he's a bad person" should be easily recognizable as an opinionated one, and in that case, there is no standard of what constitutes truth. On the other hand, if I understand correctly, the primary purpose of the currently proposed amendment is as a reaction to events in the recent Local Council reaction, in which one user's online posts were manipulated and taken out of context — a situation that provides a clear standard of what is truthful and what is false or misleading. Furthermore, in the context of the Local Council election, the matter at hand is direct interference in our region's democratic systems. To use an example from real life, I think very few people would argue that fake news on Facebook, for example, is protected under the First Amendment despite it being a blatant falsehood — I personally haven't heard anyone complaining that social media companies are removing fake news, and pretty much everyone seems to agree that fake news is a problem that needs to be addressed. That being said, I do understand your concerns. It's one thing to express an opinion about an individual (or group), but it's another to support that opinion with false or misleading "evidence" — the issue that confronts us, perhaps, is whether the difference is significant. Does providing misleading evidence actually significantly increase the effectiveness of a smear campaign? And if not, how much of a distinction should we make in our laws? The reason I wrote these thoughts as questions is that I am currently undecided; I don't really know what my personal answers are to these questions, and I'm also not really sure how relevant they are. But if they are relevant, I am eager to hear the opinions of others. (11-23-2018, 11:49 PM)Amerion Wrote:Actually, now that I think about it, I think "grossly misleading" would be the wording I prefer, and it should help to prevent ordinary speech from being attacked as defamation.Quote:(9) Defamation shall be defined as the communication of false or misleading information about an individual to a recipient, for the purposes of damaging the standing of that individual and done so with a reckless disregard for its factual accuracy. |
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