Michael S Solowan Partner AVOIDING SOCIAL MEDIA PITFALLS A presentation to the Alberta Municipal Clerks Association April 26 2017 OUTLINE The Law of defamation Charter of Rights and Freedoms Fundamental Freedoms ID: 768696
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Michael S. Solowan Partner AVOIDING SOCIAL MEDIA PITFALLS A presentation to the Alberta Municipal Clerks Association April 26, 2017
OUTLINE
The Law of defamation
Charter of Rights and Freedoms Fundamental Freedoms 2. Everyone has the following fundamental freedoms: (b) Freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication.
Elements of a defamation claim
THE LAW OF DEFAMATION
THE LAW OF DEFAMATION
RECENT Case Law
Buck v. morris 2015 ONSC 5632 (CanLII)
Buck v. morris
Buck v. morris
Buck v. morris
Decision: Buck’s public criticism of Town staff on her blog and in the newspaper c ontravened section 4 of the Town’s Code of Conduct, which states: “Members of Council shall refrain from publicly criticizing individual members of staff in a way that casts aspersions on their professional competence and credibility.” Statement published by Town Council in response was true and published on an occasion of qualified privilege, without malice. Buck v. morris
Edwards J. for the Court Politics… is not for the faint of heart. Some might say a thick skin is a prerequisite for any politician. A thick skin, however, does not mean that a politician is fair game for those intent on damaging their reputation with false, malicious, and defamatory statements. The right to freedom of speech in our society is not an absolute right. While freedom of speech is a cherished right in a free and democratic society, there are reasonable limitations. The Town…has a Code of Conduct that purports to codify parameters of reasonable conduct for elected Town officials.
“The plaintiff [Buck] chose to post what I consider criticism of senior Town staff in a public fashion in her blog entries and in her commentary to The Aurora Citizen. Members of an elected Town Council have every right to be concerned about such conduct, and how it would ultimately impact on those who the plaintiff has criticized in such a public fashion .” at para 192 [emphasis added]BUCK v. MORRIS:
Key take-away points
r v. mackinnon 2015 ABPC 268 (CanLII)
R v. mackinnon
R v. mackinnon
Decision MacKinnon’s subsequent comments on Facebook regarding the CAO and the Town solicitor were “neither civil nor temperate.” “[I]n fact the opposite; rude, impolite and immoderate. Indeed they attack the character and reputation of [the CAO and Town solicitor] and seem calculated to lead a reasonable person to think less of those individuals and to reduce those individuals stating in society at large.” MacKinnon found guilty of breaching court order R v. mackinnon
Key take-away points
R v. elliott 2016 ONCJ 35 (CanLII)
R v. elliott
R v. elliott
R v. elliott
Elements of s. 264 criminal harassment
Communication on Twitter
Communication on Twitter
Key take-away points
Pritchard v. van nes 2016 BCSC 686 (CanLII)
Pritchard v. van nes
Pritchard v. van nes
Three Modes of defamation
Facebook Posts
Decision [T]he potential in the use of internet-based social media platforms for reputations to be ruined in an instant, through publication of defamatory statements to a virtually limitless audience, ought to lead to the common law responding, incrementally, in the direction of extending protection against harm in appropriate cases. $50,000 damages for defamation claim $15,000 in punitive damages Costs $2,500 for nuisance and permanent injunction 10pm to 7am no waterfall Pritchard v. van nes
Key take-away points
effective social media policies
Policy Types 38
EMPLOYEE guidelines
Councillor guidelines
Social media use in council meetings
CONTENT MANAGER guidelines
Top Tips to guide you
TOP TIPS
TOP TIPS
Michael S. Solowan780-497-4893 msolowan@brownleelaw.com