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submitted 11 months ago by MapleEngineer@lemmy.ca to c/canada@lemmy.ca

Other right-wing accounts variously reacted by describing the move as Orwellian, lamenting the death of free speech and even contemplating leaving Canada for good.

Oh no. Not that. Please no.

<Tee hee!>

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[-] blargerer@kbin.social 9 points 11 months ago

There is a fundamental difference in the way defamation is treated in Canada(and other Common law countries like the UK and Australia) and the US. This is a simplification, but basically in the US you generally need to prove that the statement was knowingly false (in addition to other defamation requirements like proving damages). This is nearly impossible to do in most situations. In Common law the person who said the statement needs to prove they had a reasonable justification for thinking the statement true. This reverses who the onus of proof is on and makes winning defamation cases in Canada actually plausible.

this post was submitted on 19 Dec 2023
597 points (100.0% liked)

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