|
Freedom of speech in Canada is protected as a "fundamental freedom" by Section 2 of the Canadian Charter of Rights and Freedoms. Unlike many democracies, freedom of speech in Canada is not absolute; Section 1 of the Charter allows the government to pass laws that limit free expression so long as the limits are reasonable and can be justified.〔("Freedom of Expression" ), Centre for Constitutional Studies, University of Alberta. Retrieved 23 July 2014.〕 This can often be the subject of controversy as some feel the conditions for reasonable justification are vague, granting the government an unreasonable amount of control over freedom of speech. Others feel that such restrictions are necessary in order to balance the fundamental freedoms of one party against those of another. Hate speech and obscenity are two examples that gain a lot of attention.〔 ==Canadian libel and defamation law== Libel involves publication in some permanent form like writing in a book, newspaper, and slander.〔Flaherty, Gerald A. ''Defamation Law in Canada.'' Ottawa, Ont.: Canadian Bar Foundation, 1984.〕 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.〔Richard, John D., and Stuart M. Robertson. ''The Charter and the Media.'' Ottawa, Ontario: Canadian Bar Foundation, 1985.〕 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. A case in Alberta challenged the violation of freedom of expression and an issue of group libel. James Keegstra, an antisemite, taught Holocaust denial to schoolchildren in Alberta—in which Keegstra challenged his violation of new freedom of expression. Keegstra was convicted and prosecuted for violation of the laws of group libel which promotes the disadvantage of unequal groups through hate propaganda. Similar to white supremacy, antisemitism promotes inequality of Jews based on religion and ethnicity.〔MacKinnon, Catharine A. ''Only Words.'' Cambridge, MA: Harvard UP, 1993.〕 抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)』 ■ウィキペディアで「Freedom of speech in Canada」の詳細全文を読む スポンサード リンク
|