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Articles Merit A Defamation Claim Summary

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(1) Do the Articles Merit a Defamation Claim? Part 4: Broader Context of the Articles The general context of the three Post articles further demonstrate that the statements would be perceived by the average reader of the Post as facts rather than opinions. (Driscoll, 1188). The cultural common sense of the ordinary reader would find the articles laden with facts rather than exaggerated or laden with emotional rhetoric and would therefore be swayed to adopt the Post’s position. (Milkovich, 2712-13)(dissenting). Though the articles appear in the entertainment section of the Post, they are written in a way to illustrate “hard news” to the reader due to the extensive use of quotes and factual contentions to support the writer’s theory. (Milkovich, …show more content…

(Haynes, 1227). The average reader of the Post would believe that McArthur caused or contributed to Lennox’s suicide due to the Post’s assertion of McArthur’s “desire for control” and the effect this had on the band’s initial breakup and Lennox’s mental health. The defamatory statements exhibited are similar to those found in Rutt and MacRae, in which the court found that similar statements could be reasonably construed to imply that McArthur had in some way caused or contributed to Lennox’s suicide. (Rutt, 77)(finding the statement that the victim shot himself with a rifle apparently owned by his father provided support for the implication that the plaintiff in some fashion caused or contributed to the suicide); (MacRae, 18)(finding the obituary statement that the girl committed suicide after receiving bad grade, that her mother was very disappointed with her scholastic performance and that there were whispers that her mother told her that she was not allowed to return home until she fixed her grades). The plaintiffs in both Rutt and MacRae were private figures. (Rutt, 77); (MacRae, 18). In the instant case, McArthur is a public figure and

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In this case, McCann, the plaintiff, argued the defamatory words written in the article affected him as the representative of the City of Pembroke. However, the general rule states comments attacking substantially larger groups cannot sue for defamation unless the publication singles a particular member of the group. Since the article does not state any specific identifiers nor includes an innuendo about the mayor, his allegation failed to complete the second part of the test. As the court stated, “an action for defamation is uniquely personal, and is based on injury to one’s personal reputation.” Therefore, his claim for defamatory words towards his persona is unverifiable and not actionable.

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The case prosecuted under the court of Appeal of Ontario, Her Majesty the Queen v Danny Lalumiere, in 2011, was intended to appeal the conviction of counseling to commit murder. The appellant argued that the life sentence was not appropriate and was outside the range of sentences imposed on similar offenders for similar offenses. This is an example of a case where legal guilt was used to provide a conviction. The conviction of the appellant was based on the testimony of a psychiatrist doctor, Dr. Pallandi, who provided a profile of the accused and concluded that the appellant was pathologically predisposed to commit an offense. The appellate court ruled against the Crown’s decision at the trial, stating that the appellant lacked moral culpability for his offenses and therefore the sentence was not deserved.

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