Libel involves publication in some permanent form like writing in a book, newspaper, and slander.[3]:91 Defamation is a tort that gives a person the right to recover damages for injury due to publication of words that were intended to lower a person’s character.[4]:51 The law therefore encourages the people in mass media to publish with caution, to avoid any forms of slander and to respect a person’s freedom of expression.
"Defamatory libel" is a criminal offence under the Criminal Code. Subsection 298(1) defines defamatory libel as a "matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published." Section 300 prohibits the publication of defamatory libels that the publisher "knows is false." Section 301 prohibits the publication of any defamatory libel, but this section has been found unconstitutional because it could criminalize the publication of matters that are true.
Internet
The Internet has become the gates of communication whether it is through interacting with each other or providing a wide selection of information to the public. Free speech and the use of the Internet ties with the capability of governments restricting free expression and the use of the Internet.[6]:81 Although the Internet seems an innovative and sure form of media, it can be associated with irresponsible speech and dangers with it.
Richard Posner, an American jurist and legal theorist, identifies four means of publication:
Anonymity: The Internet permits users and creators of communications to remain hidden. This makes it far easier to produce, create and consume false, illegal, and dangerous material such as child pornography or hate speech. Lack of quality control: Almost anyone can post almost anything on the Internet. On the Internet unsubstantiated assertions are as easily published as well-researched articles. Huge potential audience: The Internet provides access to millions of potential readers and viewers across the world. This can magnify any harm cause by speech
298. (1) A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.
Publishing
299. A person publishes a libel when he (a) exhibits it in public; (b) causes it to be read or seen; or (c) shows or delivers it, or causes it to be shown or delivered, with intent that it should be read or seen by the person whom it defames or by any other person.
Punishment of libel known to be false
300.Every one who publishes a defamatory libel that he knows is false is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.
Under s. 301 of the Criminal Code, anyone who publishes a defamatory libel is guilty of an indictable offence and can be imprisoned for up to two years. In addition, under s. 300 of the Criminal Code, anyone who publishes a defamatory libel that they know to be false can be jailed for up to five years.