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 as well as MédiaQMI, which brings together several newspapers in Quebec, including THE Montreal Journal, The Journal of Quebec 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 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 Journal of Montreal.
“For us, it’s a great victory,” said Pierre-Paul Noreau, president of the Press Council, in an interview.
It is a judgment that is very solid and that, in our opinion, leaves no room for interpretation.
Pierre-Paul Noreau, President of the Press Council
The Press Council is a private, non-profit organization created in 1973 with the aim of preserving freedom of the press and defending 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.
Dissension
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 company was also asking for financial compensation of more than $400,000 in compensation for the damage alleged following two complaints made by the Press Council concerning THE Montreal Journal and some of its journalists and columnists.
Quebecor did not respond to an interview request from The Press at the time these lines were written.
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 Council [de presse]. [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.
Excerpt from the decision of judge Bernard Jolin
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”, writes the magistrate.
“A Sword of Damocles”
Pierre-Paul Noreau believes that the Council emerges “solidified and legitimized” by this legal victory. However, at a time when the public is increasingly suspicious of the media, the President considers that the role of the Council is all the more crucial.
“People must be able to complain if they feel there is a gap in practice [journalistique], he argues. This judgment sends the message that journalists and the media in Quebec do not just do anything, that they respect rules of good practice, a code of ethics. For me, the Quebec media landscape is only doing better with the Council and its work of monitoring the quality of what happens there. »
In addition, the outcome of the litigation is a financial relief for the non-profit organization, he acknowledges. “To worry about a procedure like that was like a sword of Damocles hanging over the Council. »