What is defamation on the internet?
Defamation refers to an action of making a false statement, either oral (also called slander) or written (also referred to as libel), about another person. This also includes online posts one made that damages or causes harm to that person’s reputation. Slander is often hard to prove if the oral statement was not recorded while libel is easier because it is printed in news or posted online.
What constitutes a defamatory statement?
In order for a statement to be considered defamatory and be brought into law, it has to meet these elements:
- It lowered or damaged a person’s reputation
- It is directly referred to that person identified in the statement
- It was communicated to at least one other person
Once these elements are proven to be present in the statement, it is considered defamatory and the plaintiff can proceed with defamation claims against the individual who made the statement. It is more difficult for the defendant to refute this claim but with the help of a media lawyer in Toronto, he or she can defend himself/herself. Here are the three major possible defenses for defamation.
- Truth - the statement made is not false but true if the defendant can prove it.
- Fair comment - also called an opinion that is made based on known and verifiable facts.
- Privilege - absolute privilege is given to public officials who are pursuing an investigation or administering justice such as a witness statement in the court. A qualified privilege is given to those who have the duty or obligation to make such a statement.
So, if you think you have not made any defamatory statement but are accused of one, we can help you defend yourself. Get in touch with us today to help you with it.