Journalistic Standards and Practices
I. LEGISLATIVE FRAMEWORK
2. COMMON LAW, CIVIL LAW, AND LEGISLATION
There are a variety of laws in Canada that may impact on the practice of broadcast journalism. CBC employees may obtain a summary and interpretation of the applicable law from the CBC Law Department.
Production personnel, in consultation with their supervisor, must seek advice and assistance from the CBC Law Department when legal difficulties arise or are foreseen. Such advice should be sought as early as possible.
When it appears that implementation of legal advice might interfere with program objectives, producers should consult with their supervisor to resolve the difficulty.
2.2 COMPLAINTS WITH LEGAL IMPLICATIONS
When a complaint concerning a broadcast may have legal implications, it should be referred immediately to the Law Department. Before any rebroadcast of the item, the legal implications must be taken into consideration. Before any retraction or apology is made, the legal implications must be considered. A retraction or apology may be an admission of error for which the Corporation could be liable. If a retraction or apology is considered appropriate, it may be advantageous to make it as soon as possible.
The following should be referred to the Law Department as soon as possible:
- Request for information concerning the station and its personnel, if there is a threat of legal action.
- Notice of intention to sue the Corporation or its employees for a broadcast. (The notice of intention to sue may be included in a letter demanding a retraction and apology.)
Writ of Summons, Originating Notice or Statement of Claim.
These matters require immediate attention. They create legal deadlines which may have to be met to avoid or mitigate liability in the defence of the Corporation and its personnel.
Reference:
IV.B.10. Corrections
