After a legal saga of more than 10 years, the Montreal Journal and TVA, which belong to the giant Quebecor, lost their case before the Superior Court in a dispute opposing them to the Quebec Press Council.
TVA and MédiaQMI, which brings together many newspapers in Quebec, including the Montreal JournalTHE Quebec newspaper and the 24 hourslost on Friday a major game that has pitted them since 2010 against the Quebec Press Council, a court of honor responsible for dealing with ethical complaints against journalists and the news media.
The decision rendered on Friday by Judge Bernard Jolin rejects the claims of the media company, which sought in particular to escape the jurisdiction of the Press Council and claimed damages following two unfavorable decisions rendered against the Montreal Journal.
The Press Council is a private, non-profit organization whose purpose is to preserve press freedom and defend the public’s right to quality information. It investigates complaints and renders decisions based on a code of ethics, in relation to journalistic products across the province.
In 2008, Groupe TVA ceased to be a member of the Press Council, followed two years later by MédiaQMI. The reason: a “disagreement with the decisions and orientations of the Press Council”, indicates the judgment of the Superior Court.
However, the Press Council continued to receive complaints concerning these two media, to investigate and to make public decisions concerning them.
According to MédiaQMI, the unfavorable decisions rendered damaged his reputation and violated his freedom not to join the Press Council.
The media company was also asking for financial compensation of more than $400,000 in damages alleged following two complaints made by the Press Council concerning the Montreal Journal and some of its journalists and columnists.
Defeats all along the line
In a 40-page judgment, Judge Jolin defeated one by one the arguments of MédiaQMI and TVA. The decision follows hearings that took place in September 2022.
“Nothing compels MédiaQMI and TVA to join the Conseil [de presse]underlines the judge in his judgment. [Le] complaints process does not violate their right to freedom of association protected by section 3 of the Charter and more specifically their right not to associate. »
The judge also ruled in favor of the Press Council on the issue of freedom of expression. “Like any natural or legal person, the Council enjoys the freedom of expression protected by the Charter and the decisions rendered at the end of its complaint handling process are the fruit of the exercise of this freedom”, affirms- he.
By rendering adverse decisions in connection with two sections of the Montreal Journaland by disseminating these decisions, “the Council did not commit a fault in that it did not deviate from the behavior that a reasonable person placed in the same circumstances would have adopted”, decides the magistrate.