March 11, 2025
In today’s world, a single tweet, post, or comment can spread like wildfire, reaching thousands—if not millions—in seconds. While the internet has arguably improved instant communication, it has also increased the risk of defamatory statements causing significant harm to individuals and businesses.
In Ontario, the legal framework for addressing digital defamation offers remedies to those whose reputations have been unjustly damaged online. This article explores the basics of digital defamation law in Ontario and what you can do if you’re affected.
Defamation law is highly technical, and like any article, only more so, this is simply a general overview. Relying upon it for more than deciding whether to contact a lawyer is particularly risky.
WHAT IS DEFAMATION?
Defamation refers to statements that harm a person’s reputation. In Ontario, for a statement to be considered defamatory, it must meet three criteria:
- The statement must be defamatory. It lowers the person’s reputation in the eyes of a reasonable person.
- The statement must refer to the plaintiff. The individual claiming defamation must be identifiable in the statement.
- The statement must be published. This means it was communicated to at least one person other than the subject.
When these elements are proven, the burden shifts to the defendant to establish a valid defense.
BALANCING FREE SPEECH AND REPUTATION
Ontario’s defamation laws aim to strike a balance between protecting reputations and preserving freedom of expression. Courts consider the public interest in free speech while ensuring that individuals are not unfairly maligned.
STRATEGIC LAWSUITS AGAINST PUBLIC PARTICIPATION
One way in which balance is sought is that Ontario is a jurisdiction that has enacted anti-SLAPP legislation. This law permits defendants sued in a strategic lawsuit against public participation to move immediately for dismissal of the action. Although this has highly technical legal requirements, it has quickly become a popular tool to balance the interests of the parties, and the public. The technicality of the law is another reason to seek prompt legal advice if you are defamed or sued for defamation.
HOW DOES DEFAMATION APPLY TO DIGITAL CONTENT?
Defamation law applies equally to statements made online as it does to traditional forms of communication, such as print or spoken word. However, digital defamation has unique characteristics:
- Wide Reach: Online content can be shared rapidly, amplifying its impact.
- Permanence: Once published, digital statements may persist indefinitely, even if deleted, due to screenshots or archived pages.
- Anonymity: Defamatory statements can be made anonymously or under pseudonyms, complicating legal action.
Common platforms for digital defamation include social media sites (e.g., Facebook, Twitter, Instagram), online review platforms, blogs, and forums.
DEFENCES TO DEFAMATION
In Ontario, defendants in defamation cases can rely on several defenses, including:
- Truth (Justification): If the statement is true, it cannot be defamatory.
- Fair Comment: This defense applies to opinions expressed on matters of public interest, provided they are based on facts.
- Privilege: Statements made in certain contexts, such as during legal proceedings or parliamentary debates, are protected.
- Responsible Communication on Matters of Public Interest: Media organizations and individuals may be protected if they acted responsibly in reporting on a matter of public interest.
WHAT CAN YOU DO IF YOU ARE DEFAMED ONLINE?
The Law Commission of Ontario has published a working paper that is critical of the practicality of existing defamation laws in the digital age, mainly because of the cost and slowness of legal proceedings. Only time will tell if their reform recommendations become law. Until then, we work with what we have.
If you believe you’ve been defamed online, consider the following steps:
- Document the Evidence: Take screenshots and note URLs, timestamps, and other details to preserve evidence.
- Identify the Publisher: Determine who made the statement. For anonymous posts, legal action may involve obtaining court orders to uncover the individual’s identity. This has made a “Norwich Order” more popular- an order against the proprietor of a website or internet provider to identify the publisher.
- Request a Retraction: In some cases, a polite but firm request to remove or retract the statement may resolve the issue. Lawyers can help with this.
- A takedown request: Some websites will remove defamatory comments upon request.
- Seek Legal Advice: Consult a lawyer experienced in defamation law to assess your case and explore remedies.
LEGAL REMEDIES FOR DIGITAL DEFAMATION
Victims of digital defamation in Ontario can pursue remedies through the courts, including:
- Injunctions: Orders to remove defamatory content or prevent further publication.
- Damages: Compensation for harm to reputation, mental distress, and, in some cases, punitive damages.
TAKEAWAYS
- Digital defamation is a growing concern in the age of social media, where reputations can be tarnished with a single click.
- Ontario’s legal system provides recourse for victims while safeguarding free expression.
- If you’ve been affected by defamatory online content, acting promptly and seeking legal advice can help protect your reputation and achieve justice.
WHAT WEILERS LLP CAN DO TO HELP YOU
At Weilers LLP, we understand the law of defamation and, more importantly, understand the art of advocacy necessary to present your case to the court in the best possible manner.
We are not afraid of hard cases. We like a challenge. If you value efficiency and effectiveness, Weilers LLP may be the right lawyers for you.