Defamation 101: Establishing the Tort
A look at the Plaintiff's Claim in Caryma Sa'd v. Erica Ifill
What is defamation?
Defamation is a statement that harms a person’s reputation. The tort of defamation includes both libel (written statements) and slander (spoken statements).
In Ontario, legislation on defamation is found in the Libel and Slander Act.
This case study deals specifically with libel in the form of tweets.
What are the elements of defamation?
For a defamation lawsuit to be successful, the plaintiff must demonstrate:
That the words refer to the plaintiff;
That the words were communicated to at least one person other than the plaintiff; and
That the words in question would tend to lower the plaintiff’s reputation in the eyes of a reasonable person.
If the plaintiff can prove these three elements, the court will presume that the words in question are false and damaging. The plaintiff does not need to prove that the defendant was careless or intended to cause harm. That said, bad intentions may nonetheless be relevant— a defendant guilty of malice cannot rely on certain defences.
Once the elements of defamation have been established, the onus (or burden of proof) shifts to the defendant to provide a valid defence.
Case Study: Plaintiff’s Claim
A lawsuit begins when the person bringing the suit files a claim. This is known as the “pleadings” stage. Defamation pleadings set out background to the legal dispute and must include particulars, such as dates and details of the alleged communications.
My next post on this subject will be about defences to defamation.
very strange people on social medias don't understand slander and defamation. The term don't yell Fire in a crowded store if it is not true, still works. If it is not true and just what you feel that is very much actionable. Good trial outcome Caryma
People need to realize that what you say online on social media or anywhere on the internet has consequences.