So what, exactly, constitutes defamation? And where do the terms libel and slander fit into this equation? Canadian law defines defamation as a written or spoken injury to the reputation of a person or business. Libel is the written formand slander is its verbal counterpart. For a statement, either written or spoken, to be truly deemed as defamation, it must fit the following criteria:
be a defamatory statement (that is, a statement damaging to one's reputation);
that was published or spoken to third parties (meaning people other than yourself and your alleged attacker); and
false in content (something that the speaker or publisher knew, or should have known, was not true)
It is not always so simple, or clear cut, however. Defamation law is intricate and you will definitely want and need the assistance of a Vancouver personal injury lawyer to help you navigate the system.
You might be wondering where the line is drawn between an insulting comment and a defamatory statement. After all, we see hotheaded, opinionated statements in the media constantly. You are not alone if you feel confused.
According to the Canadian Bar Association, defamation, for which you can sue, is not merely an insulting statement or remark that hurts your pride. The law does not protect pride, but it does and will, protect reputation. So, if you tell a group of people at a party that your boss is a slob and dresses like a nerd, that would be hurtful to his or her pride. Now, on the other hand, if you told the group that your boss was running a shady business, that would be damaging to his or her reputation, and you are liable to find yourself accused of defamation.
Here are some other instances that would constitute defamation:
someone accused you of a crime (unless the accusation was made to the police)
someone accused you of having a contagious disease
someone accused you of adultery
Remember, these statements (written or spoken), must be made or published to third parties. So, if, for example, your ex-spouse sent you a hurtful email, chalk full of untrue claims that might hurt your reputation,it would not be considered defamation if you were the only recipient. If, however, it was sent to you, along with a number of other contacts, then you might want to consider contacting your Vancouver injury lawyer to discuss your options because you've just become a victim of defamation.
Although defamation can be a crime under Canadian law, it is rarely seen. More often than not, defamation cases are civil, meaning you can sue for damages. You might also be able to sue for the violation of your privacy under the provincial Privacy Act, depending on the case.
Whatever the case, it's not something to face alone. Reach out to a Vancouver injury lawyer if you've been defamed or if you've been wrongfully accused of defamation.