After more than 10 years of litigation, the Journal de Montréal and TVA, owned by giant Quebecor, lost their Supreme Court case in a lawsuit against the Quebec Press Council.
Posted 6:37pm Updated 7:00pm
Both TVA and MédiaQMI, which brings together several Quebec newspapers including the Journal de Montréal, the Journal de Québec and the 24 Hours, on Friday lost a major battle they have fought against the Quebec Press Council, a court, since 2010 Honor responsible for handling ethical complaints against journalists and news media.
Judge Bernard Jolin’s ruling on Friday dismisses the media company’s claims, which specifically sought to evade the Press Council’s jurisdiction and sought damages after two unfavorable rulings against the Journal de Montreal.
“This is a great victory for us,” said Pierre-Paul Noreau, President of the Press Council, in an interview. It is a very solid verdict which, in our opinion, leaves no room for interpretation. »
The Press Council is a private, not-for-profit organization established in 1973 to uphold freedom of the press and defend the public’s right to quality information. It investigates complaints and makes decisions based on a code of ethics regarding journalistic products across the province.
In 2008, Groupe TVA left the Press Council, followed two years later by MédiaQMI. The reason: a “disagreement with the resolutions and specifications of the press council,” says the judgment of the Court of Appeal.
However, the Press Council continued to receive complaints about these two media outlets in order to investigate them and make public decisions.
According to MédiaQMI, the unfavorable decisions damaged his reputation and violated his freedom not to join the Press Council.
The company also sought monetary compensation of more than $400,000 in compensation for the damage allegedly following two complaints by the Press Council against the Journal de Montréal and some of its journalists and columnists.
Quebecor had not responded to La Presse’s interview request at the time these lines were written.
Defeats across the board
In a 40-page ruling, Judge Jolin refuted arguments from MédiaQMI and TVA one after the other. The decision follows hearings held in September 2022.
“Nothing compels MédiaQMI and TVA to join the Conseil [de presse]emphasizes the judge in his verdict. [Le] Complaints procedure does not violate their right to freedom of association, protected by Article 3 of the Charter, and in particular their ban on association. »
The judge also ruled in favor of the Press Council on the question of freedom of expression. “Like any natural or legal person, the Council enjoys the freedom of expression protected by the Charter and the decisions taken at the end of its appeal procedure are the result of the exercise of that freedom,” he affirms.
By making unfavorable decisions in connection with two articles in the Journal de Montréal and publishing those decisions, “the Council committed no error in not deviating from the conduct which a person might reasonably place under the same circumstances,” the magistrate wrote.
A sword of Damocles
Pierre-Paul Noreau believes that this legal victory will leave the Council “solidified and legitimate”. However, at a time when the public is increasingly suspicious of the media, the President believes the Council’s role is all the more important.
“People need to be able to complain if they feel there is a gap in practice [journalistique], he is arguing. This ruling sends the message that journalists and media in Québec do not just do anything, but respect rules of good practice, a code of ethics. To me, the media landscape in Quebec is only doing better with the council and its work overseeing the quality of what’s happening there. »
In addition, the outcome of the legal dispute is a financial relief for the non-profit organization, he concedes. “Worrying about such a procedure was like the sword of Damocles hanging over the Council. »