Does society evolve? Has the legal system improved since the days of dueling nobles and the Star Chamber?
Consider this remarkable short documentary video: "Guilty Until Proven Innocent: The Tort of Defamation". The actual "The Eyeopener" report by independent journalist James Corbett starts at 3:10 in the video.
Then read the Ontario Civil Liberties Association's position paper on why the common law tort of defamation should be abolished: HERE.