What is Defamation?
Defamation refers to false written or oral statements about an individual to a third party, that is detrimental to that individual’s reputation. Defamation is recognized by the law to protect a person’s reputation from harm and is defined differently in each province, such as Ontario’s Libel and Slander Act 1990.
In Grant v Torstar Corp. (2009), the Supreme Court of Canada identified three elements a plaintiff must satisfy in a defamation action:
1) The defendant made a defamatory statement that a reasonable person would view as lowering the plaintiff’s reputation;
2) The statements were in fact about the plaintiff; and
3) The words were communicated to at least one person other than the plaintiff.
What is Cyber Libel?
Libel, a type of defamation, refers to a written statement with a permanent record that is detrimental to a person’s reputation. For example, libel can be invoked if someone accused a person on social media of abusing his or her spouse, when it is not true. Slander, on the other hand, refers to oral statements with no permanent record, such as when someone says that a particular person committed tax fraud when it is not true.
Cyber-libel refers to libel that is made on the Internet such as posting a false statement on social media platforms, websites, and blogs. It is important to note that not every untrue statement is actionable. In order for a statement to be seen as defamatory, the statement made must be viewed by the courts as a factual statement. For libel cases, the courts examine whether a false statement with a permanent record has been made to a third party. If this is the case, the courts will presume damages were suffered.
Successful Cyber Libel Cases
In a defamation lawsuit, the courts may award general damages for loss of reputation which will range from less substantial to large amounts of money. Special damages may also be awarded if there is a loss of earnings as a result of a defamatory statement. If a defamatory statement was made with malice, aggravated damages may be awarded.
When it comes to businesses, reputation is everything. For instance, some businesses rely on positive reviews on their website, Google page, social media pages and so on to gain more customers. Whereas, bad reviews can be detrimental to a business’s reputation. What happens when a business faces a defamatory statement online? Let’s consider some 2021 Canadian court decisions on internet defamation.
In Petersen v. Deck, the British Columbia Supreme Court awarded the plaintiff with $30,000 in damages over a defamatory statement that was posted on her website and on Google Reviews.
In Groh v. Quocksister, the Ontario Superior Court of Justice awarded the defendant in damages of $500,000 for loss of business reputation due to defamatory remarks made in an email.
In Forces-Vices Inc. v. Comeau, the New Brunswick Court of Queen’s Bench awarded general damages of $2000 and aggravated damages of $1000 to the plaintiff due to a defamatory Facebook post.
While not all statements will be held as defamatory, there is no doubt that in today’s world, internet postings are part of everyday life. Any online review of a business or statement made on social media platforms and so on can constitute cyber libel. Ultimately, defamation entails paying damages to people that have been negatively impacted by another person’s words.
Things to Consider
Defamation law in Canada is still evolving. It is important to consider that while the purpose of defamation law is to protect a person’s reputation, this may in turn restrict their right to freedom of expression. This means that there are circumstances in which the law considers freedom of expression more crucial than a defamatory statement. This is why the law aims to strike a balance between these opposing rights.
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