Defamation law in Canada governs the balance between freedom of expression and the right to protect one’s reputation, and the rise of social media and online platforms has made defamation one of the fastest-growing areas of civil litigation in the country. At DOBRMAN, we assist individuals and businesses in Alberta and across Canada who are dealing with defamation — whether they have been the target of false and damaging statements or are facing a defamation claim themselves.
What Is defamation? Defamation is the communication of a false statement of fact that tends to lower a person’s or business’s reputation in the eyes of a reasonable person.
Libel vs. slander. Defamation in Canada takes two forms — libel, which refers to defamatory statements in written or permanent form, and slander, which refers to defamatory statements made verbally. Online defamation — including defamatory social media posts, website content, and digital publications — generally constitutes libel under Canadian defamation law, given the permanent and widely accessible nature of online content.
Defenses to defamation. Canadian defamation law recognizes several defenses, including justification — meaning the words were substantially true — absolute or qualified privilege, fair comment, and responsible communication on matters of public interest.
Online defamation and jurisdiction. Defamation published through online channels creates unique jurisdictional challenges in Canada, as defamatory content can be accessed and cause harm across multiple provinces and countries simultaneously. The Alberta Court of King’s Bench confirmed in Durand v Higgins that defamation through social media posts is deemed to occur where the defamatory statements are read, accessed, or downloaded.
Section 230 and its impact on Canadian defamation claims. Most of the online platforms on which defamatory content appears in Canada — including social media platforms, search engines, and review sites — are US-based companies operating under the protection of Section 230 of the United States Communications Decency Act. While Section 230 does not govern Canadian courts, it shapes the practical landscape of online defamation in Canada — platforms often apply their US-oriented content moderation policies globally, making voluntary content removal a matter of platform policy rather than legal obligation in many cases.
Defamation Act, RSA 2000, c D-7 — Alberta’s provincial defamation legislation, governing defamation claims in the province including provisions relating to libel, slander, fair comment, privilege, and the mitigation of damages through apology.
Limitations Act, RSA 2000, c L-12 — Governs the time limits for commencing defamation claims in Alberta, including the general two-year limitation period applicable to defamation actions.
Canadian Charter of Rights and Freedoms, Part I of the Constitution Act, 1982 — Guarantees freedom of expression under section 2(b), which Canadian courts must balance against the protection of reputation in defamation proceedings.
Competition Act, RSC 1985, c C-34 — Contains provisions governing false or misleading representations and product defamation, relevant to defamatory statements made about a competitor’s goods or services in a commercial context.
Online and social media defamation. Defamatory statements published through social media platforms, online review sites, websites, and digital forums are a rapidly growing area of defamation law in Canada. Online defamation can spread quickly and cause significant and lasting reputational harm — and the permanent, searchable nature of online content means that defamatory statements can continue to damage a person’s or business’s reputation long after they are first published.
Business and corporate defamation. Defamatory statements targeting a business — including false claims about a company’s products, services, business practices, or financial position — can cause significant commercial harm. Corporate defamation claims in Canada can be brought by businesses as plaintiffs and are assessed using the same defamation principles that apply to individuals.
Product and service defamation. False statements made about the quality, safety, or characteristics of a business’s products or services — sometimes referred to as injurious falsehood or trade libel — can give rise to defamation and related claims under Canadian law. This type of defamation is particularly relevant for businesses operating in competitive online markets where false reviews and misleading competitor comparisons are common.
Defamation by former employees and competitors. Defamatory statements made by departing employees, disgruntled former clients, or competitors — including through online reviews, social media posts, and direct communications to clients or business partners — are a frequent source of defamation disputes in the Canadian business community.
Online content removal. In many defamation cases, the most immediate priority for a defamation victim is the removal of damaging content from the internet. Achieving online content removal in a defamation context involves a combination of platform reporting mechanisms, legal demand letters, and — where necessary — court orders requiring the removal or de-indexing of defamatory content.
What does a defamation lawyer do? A defamation lawyer assists individuals and businesses who have been the target of false and damaging statements — or who are facing a defamation claim themselves — by advising on the applicable legal framework and pursuing the most appropriate remedy. A defamation lawyer assesses whether a statement is legally defamatory, advises on available defenses, drafts cease and desist letters, negotiates the removal of online defamatory content, and represents clients in defamation proceedings in Alberta and across Canada. At DOBRMAN, our defamation practice assists clients on both sides of a defamation dispute — from reputation management and online content removal to defending against unfounded defamation claims.
What do I need to prove to succeed in a defamation claim in Canada? To establish defamation in Canada, a plaintiff must prove that the statement complained of refers to the plaintiff, was published or spoken to at least one person other than the plaintiff, and is defamatory in the sense that it would tend to lower the plaintiff’s reputation in the eyes of a reasonable person. Once these elements are established, the defendant bears the burden of establishing an applicable defamation defense — such as truth, fair comment, or responsible communication.
Is an online review or social media post defamatory? A negative online review or social media post can constitute defamation under Canadian law if it contains false statements of fact — as opposed to expressions of opinion — that tend to lower the subject’s reputation in the eyes of a reasonable person and were published or spoken to a third party. The distinction between a statement of fact and an expression of opinion is one of the key analytical questions in online defamation cases in Canada.
What defenses are available to someone accused of defamation in Canada? The main defamation defenses available under Canadian law include justification — meaning the statement was substantially true — fair comment on a matter of public interest, responsible communication on matters of public interest, and various forms of privilege.
Does DOBRMAN assist with online content removal in defamation cases? Yes. DOBRMAN assists defamation clients with the removal of damaging online content — including through platform reporting processes, cease and desist letters, and negotiated resolutions — as part of a broader defamation response strategy.
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