Criminal Code (R.S.C., 1985, c. C-46)

Act current to 2014-10-15 and last amended on 2014-09-19. Previous Versions

Marginal note:Punishment for defamatory libel

 Every one who publishes a defamatory libel is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years.

  • R.S., c. C-34, s. 265.
Marginal note:Extortion by libel
  •  (1) Every one commits an offence who, with intent

    • (a) to extort money from any person, or

    • (b) to induce a person to confer on or procure for another person an appointment or office of profit or trust,

    publishes or threatens to publish or offers to abstain from publishing or to prevent the publication of a defamatory libel.

  • Marginal note:Idem

    (2) Every one commits an offence who, as the result of the refusal of any person to permit money to be extorted or to confer or procure an appointment or office of profit or trust, publishes or threatens to publish a defamatory libel.

  • Marginal note:Punishment

    (3) Every one who commits an offence under this section is guilty of an indictable offence and liable to imprisonment for a term not exceeding five years.

  • R.S., c. C-34, s. 266.
Marginal note:Proprietor of newspaper presumed responsible
  •  (1) The proprietor of a newspaper shall be deemed to publish defamatory matter that is inserted and published therein, unless he proves that the defamatory matter was inserted in the newspaper without his knowledge and without negligence on his part.

  • Marginal note:General authority to manager when negligence

    (2) Where the proprietor of a newspaper gives to a person general authority to manage or conduct the newspaper as editor or otherwise, the insertion by that person of defamatory matter in the newspaper shall, for the purposes of subsection (1), be deemed not to be negligence on the part of the proprietor unless it is proved that

    • (a) he intended the general authority to include authority to insert defamatory matter in the newspaper; or

    • (b) he continued to confer general authority after he knew that it had been exercised by the insertion of defamatory matter in the newspaper.

  • Marginal note:Selling newspapers

    (3) No person shall be deemed to publish a defamatory libel by reason only that he sells a number or part of a newspaper that contains a defamatory libel, unless he knows that the number or part contains defamatory matter or that defamatory matter is habitually contained in the newspaper.

  • R.S., c. C-34, s. 267.
Marginal note:Selling book containing defamatory libel
  •  (1) No person shall be deemed to publish a defamatory libel by reason only that he sells a book, magazine, pamphlet or other thing, other than a newspaper that contains defamatory matter, if, at the time of the sale, he does not know that it contains the defamatory matter.

  • Marginal note:Sale by servant

    (2) Where a servant, in the course of his employment, sells a book, magazine, pamphlet or other thing, other than a newspaper, the employer shall be deemed not to publish any defamatory matter contained therein unless it is proved that the employer authorized the sale knowing that

    • (a) defamatory matter was contained therein; or

    • (b) defamatory matter was habitually contained therein, in the case of a periodical.

  • R.S., c. C-34, s. 268.