Media Law Flashcards PDF - Canadian Law Basics

Flashcard 1: Court & Legal System Basics Q: What are the key components of understanding the Canadian legal system? A: Sources of law Court structure & procedure Legal terminology Importance of legal documents Flashcard 2: Freedom of the Press Q: What is freedom of the press? A: The right to publish without government restrictions, subject to laws on libel, obscenity, sedition, etc. It holds powerful institutions accountable. Q: Where does freedom of the press come from? A: Section 2(b) of the Canadian Charter of Rights and Freedoms protects freedom of thought, belief, opinion, and expression, including the press. Flashcard 3: Limits on Freedom of the Press Q: Is freedom of the press absolute? A: No. It must be balanced with: Right to a fair trial Protection of reputation Right to life, liberty, and security Right to democratic participation Flashcard 4: Public’s "Right to Know" Q: Is there a legal “right to know” for the public? A: No. Courts have ruled that journalists cannot compel access to information under Section 2(b) of the Charter. Flashcard 5: Sources of Canadian Law Q: What are the main sources of Canadian law? A: 1. Rule of Law – Everyone is equal before the law. 2. The Constitution – The supreme law of Canada (includes the Charter). 3. Statutes & Regulations – Laws passed by Parliament and legislatures. 4. Common Law (Case Law) – Legal principles from past court cases. Flashcard 6: Defamation Q: What is defamation? A: A negative statement about a living person or company that harms their reputation. Slander = Spoken Libel = Printed/Broadcasted Q: What are the three elements of defamation? A: 1. Negative statement – Something harmful about a person/company. 2. Identification – It must refer to the plaintiff. 3. Publication – It must be shared with a third party. Flashcard 7: Canadian Court System Q: What are key principles of the court system? A: Higher court rulings are binding on lower courts. Courts can declare laws invalid if unconstitutional. Appeal courts (like the Supreme Court of Canada) do not hear witnesses—only trial courts do. Flashcard 8: Civil vs. Criminal Law Q: How do civil and criminal law differ? A: Civil Law – Deals with private rights (contracts, torts). Remedies = money (damages), injunctions. Criminal Law – Punishes offenses against the state (theft, assault). Remedies = fines, imprisonment. Flashcard 9: Administrative Tribunals Q: What are administrative tribunals, and how do they work? A: Quasi-judicial bodies created by statutes to handle specific legal matters (e.g., BC Human Rights Tribunal, Immigration & Refugee Board). They reduce court workload but their decisions can be reviewed for fairness/errors. Flashcard 1: Defamation Basics Q: What is defamation? A: A negative statement about a living person or company that harms their reputation. Slander = Spoken Libel = Printed/Broadcasted Q: What are the three elements of defamation? A: 1. Negative statement – Must have a defamatory meaning. 2. Identification – Must be about the plaintiff. 3. Publication – Must be shared with a third party. Flashcard 2: Defamatory Meaning Q: How do courts determine defamatory meaning? A: Presumed false and injurious to reputation. Statements must lower the plaintiff’s reputation in society. Mere insults or hurt feelings do not qualify. Courts assess the plain meaning and overall impression. Flashcard 3: Publication in Defamation Q: What counts as publication in defamation? A: Any communication of a defamatory statement to a third party. Repeating a libel is still a libel. Social media platforms may be held liable if they fail to address defamatory content. Hyperlinks alone are NOT defamation. Flashcard 4: Key Defamation Principles Q: What are important legal principles in defamation? A: Mistake is no defense – even if you didn’t intend to harm someone’s reputation. Attribution is no protection – repeating someone else’s defamatory statement still counts. Damages are presumed – the plaintiff doesn’t have to prove financial loss. Flashcard 5: Defenses to Defamation Q: What are the six defenses to defamation? A: 1. Truth – Statement must be true or substantially true. 2. Fair Comment – Opinion on a public matter based on fact. 3. Absolute Privilege – Applies to statements in court, legislature, public hearings. 4. Qualified Privilege – Protects statements made in the public interest (e.g., police warnings). 5. Responsible Communication – Protects journalists reporting serious matters responsibly. 6. Consent – If the plaintiff agreed to publication, they cannot sue. Flashcard 6: Truth as a Defense Q: How can truth be used as a defense in defamation? A: The onus is on the defendant to prove the statement is true. Must be true on a balance of probabilities. Substantial truth is enough – minor inaccuracies won’t ruin the defense. Flashcard 7: Fair Comment Q: What is fair comment, and when does it apply? A: Protects opinions on public matters, even if defamatory. Must be based on facts and an opinion an honest person could hold. Malice defeats fair comment – if motivated by spite, it won’t be protected. Q: What are key phrases to signal fair comment? A: "In my opinion," "I believe," "If you ask me." Flashcard 8: Absolute & Qualified Privilege Q: What is absolute privilege, and when does it apply? A: Protects statements made in court, legislature, public hearings. Lawyers, politicians, and judges are fully protected. The media is protected only if they publish full proceedings accurately. Q: What is qualified privilege, and when does it apply? A: Protects fair and accurate reports on matters of public interest. E.g., Reporting on a suspect at large or a public safety warning. Cannot be motivated by malice. Flashcard 9: Responsible Communication Q: How does responsible communication work as a defense? A: Protects media reporting on serious public interest matters. Courts assess: ○ Seriousness of allegations ○ Urgency of the report ○ Reliability of sources ○ Effort to get the other side’s response Flashcard 10: Apologies & Defamation Q: Do apologies erase defamation damages? A: No, but they can reduce damages. A proper apology must: ○ Be genuine and express regret. ○ Reach the same audience as the defamatory statement. ○ Not repeat the defamation in the apology. Flashcard 1: Court Procedures & Criminal Reporting Q: What does "sub judice" mean, and why is it important? A: Sub judice means "under judicial consideration." Media must be careful not to prejudice an ongoing case, especially in criminal reporting. Publishing prejudicial content can lead to contempt of court charges. Flashcard 2: Types of Criminal Offenses Q: What are the three classifications of criminal offenses? A: 1. Summary Conviction – Minor offenses, max $2000 fine or 6 months in jail. 2. Indictable Offense – Serious crimes, 2+ years imprisonment (e.g., murder). 3. Hybrid Offense – Crown can choose to prosecute as summary or indictable. Flashcard 3: Criminal Court Jurisdiction Q: Where do different types of criminal cases get heard? A: Provincial Court: Handles most criminal cases. Supreme Court: Handles murder, treason, and crimes against humanity. Q: What are the accused's options for trial in an indictable offense? A: 1. Trial in Provincial Court (judge alone) 2. Trial in Supreme Court (judge alone) 3. Trial in Supreme Court (judge and jury) Flashcard 4: Stages of a Criminal Proceeding Q: What are the 9 stages of a criminal proceeding? A: 1. Investigation 2. Report to Crown Counsel 3. Arrest & Charge 4. First Appearance 5. Bail Hearing 6. Additional Appearances 7. Trial 8. Sentencing 9. Appeal Flashcard 5: Arrest & Charge Q: What are the ways a suspect can be arrested? A: 1. Arrest without warrant (caught in the act). 2. Arrest with warrant (issued when suspect evades police). 3. Appearance notice (like a ticket, for minor offenses). Q: What happens after an arrest? A: Police file a Report to Crown Counsel (RCC). Crown Counsel decides whether to lay charges. If approved, Crown issues an Information document. Flashcard 6: Bail Hearings Q: What happens at a bail hearing? A: Must occur within 24 hours of arrest. Bail is usually granted unless Crown proves cause to deny it. Bail conditions may be imposed (e.g., travel restrictions). Flashcard 7: Preliminary Inquiry Q: What is a preliminary inquiry? A: Only for indictable offenses. Determines if there is enough evidence for trial. Accused can waive this step to go directly to trial. Flashcard 8: Criminal Trial Process Q: How does a criminal trial work? A: Crown presents evidence to prove guilt beyond a reasonable doubt. Defense may present evidence but is not required to. Witnesses testify. Judge/jury deliberates and reaches a verdict. Q: What is a "voir dire"? A: A trial within a trial to determine if certain evidence is admissible. Flashcard 9: Sentencing & Appeals Q: What happens after a guilty verdict? A: Sentencing hearing: Crown and defense argue for an appropriate sentence. Judge considers similar cases and aggravating/mitigating factors. Q: Can a defendant appeal? A: Yes, but only certain aspects of the case have automatic appeal rights. Flashcard 10: Reporting on Criminal Cases Q: What CAN journalists report on criminal cases? ✅ A: The name of the accused ✅ The charges ✅ The circumstances and details of the alleged crime Q: What must journalists be cautious about? ⚠️ A: ⚠️ Publication bans (court-ordered restrictions on reporting). Contempt of court (violating sub judice rules). Flashcard 11: Types of Publication Bans Q: What are the three main types of publication bans? A: 1. Automatic Bans – Applied by law (e.g., youth cases). 2. Mandatory Judicial Bans – Must be imposed if requested (e.g., sex crime victims). 3. Discretionary Bans – Judges decide based on case circumstances. Flashcard 12: Youth Cases & Publication Bans Q: What rules apply when reporting on youth cases? A: Youth Criminal Justice Act (YCJA) mandates automatic publication bans. ✅ No identifying details can be published about: ✅ Youth suspects ✅ Youth victims Youth witnesses Q: When can a youth publication ban be lifted? A: If the youth is sentenced as an adult. If a youth victim or witness consents after turning 18. Flashcard 13: Sex Crimes & ID Bans Q: What are the rules for reporting on sex crimes? A: Victim identity bans are mandatory if requested. “Any information that could identify the victim or a witness shall not be published.” Q: What about underage victims? A: Automatic ID bans apply to all underage victims of ANY crime. Flashcard 14: Other Publication Ban Scenarios Q: In what other cases might there be ID bans? A: Family law cases – No identifying details of children or involved parties. Undercover officers – No details that could reveal identity. National security cases – May involve discretionary bans. Flashcard 15: Sub Judice & Contempt of Court Q: What does sub judice mean for reporters? A: Avoid publishing anything that could prejudice a trial. Risk increases the closer the case is to trial. Truth is not a defense – even accurate reporting can be in contempt. Q: When does sub judice end? A: Once the verdict is reached. Flashcard 16: Breaching Publication Bans Q: What are common ways journalists accidentally breach bans? A: 🚨 Publishing an undercover officer’s first name. 🚨 Using a partial photo of a banned individual. 🚨 Describing a banned individual’s physical appearance. 🚨 Providing layered details that allow for identification. Flashcard 1: Contempt of Court Basics Q: What is contempt of court? A: A criminal offense where an individual disrespects or disobeys the court. Q: What are the penalties for contempt? A: Fines Jail time Criminal record Q: Why should journalists be cautious? A: Media companies and journalists have been convicted of contempt in Canada. Criminal trials (especially jury trials) have stricter rules than civil cases. Common risk areas: Pre-trial matters, bail hearings, preliminary hearings, cases involving children, and sex crimes. Flashcard 2: Types of Contempt Q: What are the three main types of contempt? A: 1. Disobeying a court order – Ignoring a court order (e.g., violating a protest injunction). 2. Misbehaving in court – Outbursts, unauthorized recordings. 3. Sub judice/media contempt – Publishing material that could influence a jury and prejudice a fair trial. Flashcard 3: Sub Judice Rule Q: What is sub judice contempt? A: Publishing anything that poses a real risk of prejudicing a fair trial. Applies from the moment charges are imminent until the verdict. Q: Does the court need to announce sub judice? A: No, the rule is always in force – journalists must be aware of it. Q: Is truth a defense in sub judice contempt? A: No – even if true, if it risks influencing a jury, it’s contempt. Flashcard 4: Sub Judice – Risk Areas Q: What types of content can lead to sub judice contempt? ⚠️ A: ⚠️ Prior convictions ⚠️ Prior charges ⚠️ Damning facts not yet presented in court ⚠️ Eyewitness statements Confessions Q: What is the "acid test" for sub judice? A: If you were a juror, would hearing this make you more likely to convict? Flashcard 5: When is There a Jury? Q: When should journalists assume a jury is involved? A: ✅ Always assume a jury unless: ✅ It’s a summary conviction case. ✅ The accused elected a judge-alone trial. The verdict has already been reached. Q: Once the jury hears something in court, can it be reported? A: Yes, once presented in court, it is fair game for reporting. Flashcard 6: Copyright Basics Q: What is copyright? A: A legal right to publish, reproduce, or distribute an original work. Q: Does Canada have common law copyright? A: No – copyright only exists by statute under the Copyright Act. Q: What types of works can be copyrighted? ✅ A: ✅ Written works ✅ Music, lyrics, sound recordings ✅ Drawings, art, photography ✅ Films, choreography ✅ Maps, charts Architectural works Q: What cannot be copyrighted? ❌ A: ❌ Ideas ❌ Facts Pure information Flashcard 7: Duration of Copyright Q: When does copyright start and end? A: Starts: When the work is created. Ends: 70 years after the creator's death. Q: What happens after copyright expires? A: The work enters the public domain and can be used freely. Flashcard 8: Copyright vs. Other Intellectual Property Q: How does copyright differ from other protections? A: Patent – Protects inventions. Trademark – Protects brand names, logos, and symbols. Industrial Design – Protects visual design of objects. Integrated Circuit Topography – Protects circuit layouts. Flashcard 9: Copyright Infringement Q: What are the penalties for copyright infringement? A: Civil lawsuit – Damages for lost profits/reputation. Injunction – Stops further reproduction. Criminal prosecution – Fines and/or jail time. Statutory damages – Up to $20,000 per work infringed. Flashcard 10: Fair Dealing (Copyright Exception) Q: What is "fair dealing"? ✅ A: An exception that allows limited use of copyrighted material for: ✅ Research & education ✅ Criticism or review ✅ News reporting Parody & satire Q: What must be included in news reporting fair dealing? A: 1. The source 2. If available, the author, performer, maker, or broadcaster Flashcard 11: Fair Dealing Factors (CCH v. Law Society, 2004) Q: What factors determine if a use is "fair dealing"? A: 1. Purpose – Is it for news or just making the story look better? 2. Amount – Only use what’s necessary. 3. Character – Is it widely distributed or just a single-use copy? 4. Nature of the work – Was it already public? 5. Alternatives – Could a different work be used? 6. Effect – Does it harm the copyright owner? Flashcard 12: Who Owns Copyright? Q: Who owns the copyright of a work? A: The author/creator, unless: They sell or assign the rights. It was created as part of employment (then the employer owns it). Q: How long can a company hold assigned copyright? A: 25 years after the creator’s death, then it reverts to the creator’s estate. Flashcard 13: Moral Rights Q: What are moral rights in copyright? A: Even if copyright is sold, the creator retains: The right to be credited as the author. The right to protect the integrity of their work (no distortion or misuse). Q: How long do moral rights last? A: The same duration as copyright. Flashcard 14: Copyright & Journalism Q: Can news be copyrighted? A: No. Only the expression of the news story can be copyrighted, not the facts. Q: When does rewriting infringe copyright? A: If it's a trivial rewording – real rewriting must involve skill & judgment. Q: When do journalists need to credit another media source? A: ✅ If quoting significant parts of their story. ✅ If using their exact wording. Flashcard 15: Licensing & Social Media Q: How can someone legally use copyrighted work? A: 1. Fair dealing exception applies. 2. Obtain a license/permission from the copyright owner. Q: Does copyright apply to social media content? A: Yes – permission or fair dealing still applies. Flashcard 1: Legal vs. Ethical Journalism Q: What is the difference between legal and ethical journalism? A: Legal journalism = Following the law (e.g., avoiding defamation, contempt of court). Ethical journalism = Doing the right thing in reporting, even when the law allows otherwise. Flashcard 2: Ethical Journalism Principles Q: What are key principles of ethical journalism? ✅ A: ✅ Truth ✅ Accuracy ✅ Correcting errors ✅ Balance ✅ Fairness ✅ Transparency ✅ Independence ✅ Avoiding conflicts of interest ✅ Respect ✅ Diversity Accountability ✅ Responsibility ✅ Impartiality ✅ Integrity ✅ Indigenous reconciliation ✅ Awareness of impact Flashcard 3: Challenges to Ethical Journalism Q: What are common challenges journalists face in ethics? A: Public perception – The public often sees “the media” as a single entity. Distinguishing ethical journalists – Audiences may not differentiate between responsible media and bad actors. Complex ethical dilemmas – Not all ethical decisions have clear answers. Q: What should journalists aim to be? A: A shining example of critical thinking, thoughtful reflection, and ethical journalism. Flashcard 4: The Ethical Journalism Balance Q: What is the balance journalists must strike? A: Public Interest vs. Minimizing Harm Q: What is “public interest”? A: Matters that affect society’s health, quality of life, security, and governance. Q: What is “minimizing harm”? A: Avoiding unnecessary harm to individuals in reporting. Flashcard 5: The Public Interest Q: What is included in the public interest? A: ✅ Detecting or exposing crime and misconduct ✅ Protecting public health & safety ✅ Fact-checking misleading statements ✅ Exposing misuse of public funds & corruption ✅ Revealing conflicts of interest in powerful figures ✅ Exposing corporate greed ✅ Holding hypocritical public figures accountable Flashcard 6: Minimizing Harm in Journalism Q: What types of harm can journalism cause? ⚠️ A: ⚠️ Intrusion into private lives ⚠️ Unwanted public attention ⚠️ Reporting on people in vulnerable moments ⚠️ Magnifying mistakes or past actions Altering behavior due to media scrutiny Q: Why is harm hard to undo? A: The internet is forever – once information is out, it is difficult to remove. Flashcard 7: How to Minimize Harm Q: What steps can journalists take to reduce harm? ✅ A: ✅ Ask: Is this story in the public interest or just interesting to the public? Include only essential details – What is necessary to understand the ✅ story? ✅ Be cautious with naming individuals. ✅ Respect cultural differences. Explain the news process to interviewees, especially youth or crime ✅ victims. ✅ Avoid sensationalism – no shocking language/images just for attention. Be human – Consider how the story affects those involved. Flashcard 8: Ethical Crime Reporting Q: Why is context important in crime reporting? A: Context explains why a story is important. Without context, a story can mislead the audience. Different communities experience crime differently – context ensures accuracy. Q: When should race/ethnicity/religion be included in a crime report? ✅ A: ✅ If it adds critical context. ✅ If it helps the audience fully understand the story. If it is directly relevant (e.g., hate crime, racial discrimination case).

Media Law Flashcards PDF - Canadian Law Basics

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