Al Jazeera Media Network brought a motion under section 137.1(3) of the Courts of Justice Act to dismiss a defamation action commenced by Rebel News Network Ltd. as a strategic lawsuit against public participation (SLAPP).
Rebel News alleged three defamatory statements in an internet article and YouTube video published by Al Jazeera.
The court found that Al Jazeera satisfied its initial burden that the proceeding arose from an expression relating to a matter of public interest.
The burden then shifted to Rebel News to show substantial merit, no valid defence, and that the harm suffered outweighed the public interest in protecting the expression.
The court found Rebel News established substantial merit for its defamation claim.
However, Rebel News failed to show that Al Jazeera had no valid defence, specifically regarding the defence of responsible communication on matters of public interest, as the record raised credibility issues precluding a "deep dive" into the evidence at this stage.
Furthermore, Rebel News failed to provide specific evidence of harm and causation, leading the court to conclude that the public interest in free expression and public debate outweighed the public interest in permitting the action to continue.
Consequently, Al Jazeera's motion was granted, and the action was dismissed.
