In the Spirit of Thanksgiving, Jay put this out for your edification.
He suggests to the law tweakers out there that, if they are inclined they make S. 13 operate like a real law in a real court, they could for cease and desist types of CRIMES (using that word loosely), have such procedural niceties as:
- presumption of innocence
- proof beyond a reasonable doubt
- requirement of mens rea
- the right against self-incrimination
- full and timely disclosure of the case to be met and all evidence disclosed
- a Preliminary Hearing at which the Commission would be required to make out a prima facie case
- instant dismissal as of right where the Commission fails to follow required procedure in a timely manner
- the provision, at Commission expense, of a lawyer to the Respondent
- unlimited cross-examination of Commission witnesses as well as document discovery and interlocutories.
- truth – where the material complained of was factually true
- fair comment
- responsible journalism: public interest – where the Respondent has taken reasonable measures to ascertain the truth about a matter which is of public interest
- publication in the public interest – where the intent of the Respondent is to publish material which is of public interest
- quotation – where a Respondent merely quotes the words of another without adopting them expressly as his own.