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CAUT Policies

Policy Statement on Defamation Actions Arising out of Academic Activities

Preamble

Academic freedom is essential to the fundamental purposes of post-secondary education institutions. It is essential that academic freedom not be restricted by the threat of legal action for defamation. Academic staff associations and post-secondary employers should promote a culture in which differences of opinion are debated and discussed without resort to litigation.

1
Academic staff associations and post-secondary employers should encourage and defend the free and frank expression of opinion by all academic staff in all academic activities including teaching, research, scholarly and creative works, collection and dissemination of information, peer review, post-secondary institution governance, and service to the institution or community.

2
The law of defamation is complex and difficult. At the risk of oversimplifying that law, any communication may be deemed to be defamatory if it tends to affect adversely a person's reputation; to reduce the esteem, respect, goodwill, or confidence the person enjoys; or to arouse adverse, derogatory, or unpleasant feelings or opinions against a person. Legal defences to allegations of defamation include justification (truth), qualified privilege, and fair comment (the words are comment as opposed to fact and are comment based on true, provable fact).

3
The academic staff association's collective agreement should include a clause on legal liability that makes the institution fully responsible for defending and indemnifying all academic staff accused of defamation, by a person or party internal or external to the institution, where the alleged defamation arises in relation to the performance of academic activities.

4
Should the institution be named in the defamation suit as well, it should provide independent, legal representation to the academic staff member.

5
Academic staff accused of defamation in carrying out their academic activities should consult, in the first instance, with their academic staff association.