Is it defamation? Here is what you can or cannot say in your content!
Defamation laws protect the reputations of individuals and companies against the false spread of information through oral or written statements. Today, with the use of social media, it is very easy to defame a person or business. For example, if you say something negative about a business on TikTok and other people see it, the business can sue you for defamation if the business believes what you said is not true and could harm its reputation. Your post does not have to cause actual harm to the business for it to be defamatory.
What can and can’t you say or post about online?
Canadians are guaranteed the right to Freedom of Expression and we can say almost whatever we want to. Although we can express most of our opinions and views, there are some limitations on what we can say. One limitation is that we cannot express defamatory statements (i.e. statements that hurt the reputation of another individual or company).
You are allowed to give an honest opinion and review. For example, if you tried a skincare product and it did not help your skin or made you breakout, you can say so. However, you cannot exaggerate and say something that would ruin the reputation of the company you purchased the product from.
You can talk about a negative experience you had that could ruin an individual or company’s reputation, without it being defamatory, if the people you express it to cannot identify who the experience is about. You should not name that individual or company or reference them, for example, referring to them as your past educational institution because individuals can figure out who you are referencing.
If you are not sure whether you said or posted something defamatory, it is best to seek legal advice. It is also important to note that if what you say is true and you can prove it, it cannot be defamatory.
Some modern examples of where defamatory statements can be posted include:
- Facebook posts;
- Tweets published on Twitter;
- Videos posted on TikTok and Youtube;
- Podcasts; and
- Google and Facebook Reviews
What can you do if you think you are the victim of a defamatory statement?
Many businesses take pride in having positive reputations and are able to grow based on those reputations, reviews and customer experience. Negative statements and reviews can be very damaging to businesses, especially small businesses, and inhibit growth.
If you think someone has made defamatory statements about yourself or your business, you should contact a lawyer right away. Actions for defamation need to start within three months of discovering the defamatory statement. Acting quickly is important.
Another option to deal with defamatory statements is to reach out to the individual who made the statement to try to resolve the issue without going to court. For example, many people leave defamatory online reviews such as Google Reviews or Facebook Reviews. One way to address these negative reviews is by publicly replying to them to show that you care and reach out to the individual to try and work things out.
If you have any questions about whether something you said or posted could be defamatory, or about whether someone said or posted something defamatory about you, please speak with a lawyer.
Author Credits
Erin Kasner-Remer is a final year law student at the University of Ottawa and a 2022 EFV Legal Intern. She is interested in Business and Family Law, and can be found exploring new restaurants and cafes. Connect with her on LinkedIn.
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