We write further to our blog which discussed the short deadlines under Ontario’s Libel and Slander Act (“Act”) that apply to defamatory content which is considered a “broadcast” or “newspaper”[1]. The Act states that:
- No action for libel in a newspaper or in a broadcast lies unless the plaintiff has, within six weeks after the alleged libel has come to the plaintiff’s knowledge, given to the defendant notice in writing, specifying the matter complained of, which shall be served in the same manner as a statement of claim or by delivering it to a grown-up person at the chief office of the defendant.
- An action for a libel in a newspaper or in a broadcast shall be commenced within three months after the libel has come to the knowledge of the person defamed, but, where such an action is brought within that period, the action may include a claim for any other libel against the plaintiff by the defendant in the same newspaper or the same broadcasting station within a period of one year before the commencement of the action.
(emphasis added)
Online Newspapers: We noted in a prior blog that these short deadlines do apply to Online Newspapers, but how about social media posts, blogs, tweets, emails, etc.?
The Ontario Superior Court of Justice (“OSCJ”) in Nanda v McEwan, 2019 ONSC 125 considers whether the following forms of communication are subject to the short deadlines under the Act:
- Statements in WhatsApp groups: Not subject to the Act (not enough evidence before the court to make this determination).
- Statements on Posters: Not subject to the Act.
- Internet Blogs: Not subject to the Act (not enough evidence before the court in St. Lewis v. Rancourt, 2015 ONCA 513 (CanLII) to make this determination).
- Tweets: Not subject to the Act (not enough evidence before the court in Levant v. Day, 2017 ONSC 5956 (CanLII) to make this determination).
- Material on a Website (made available through the internet): Not subject to the Act (not enough evidence before the court in Bahlieda v. Santa, 2003 CanLII 2883 (ON CA) to make this determination).
- Radio Broadcasts: Subject to the Act, even where distributed over the internet. As such, the short deadlines under the Act apply (See Janssen-Ortho Inc. v. Amgen Canada Inc., 2005 CanLII 19660 (ON CA) [“Janssen-Ortho”]).
- Emails: Not subject to the Act (See Janssen-Ortho).
The court also states that for a “broadcast” to be subject to the short deadlines under the Act it must be broadcast from a “station” in Ontario, and that there must be clear ample evidence before the court for it to make a determination whether a particular form of communication is a “broadcast”.
Though most of the above listed forms of communication have currently not been found by Ontario courts to be a “broadcast” or “newspaper”, they may very well be in future cases where there is a full/proper evidentiary record before the court (as this is clearly a developing area of law).
The actual circumstances of a case may result in different application of the law by a court. As such, be prudent and act fast by retaining lawyers to serve notice of libel as soon as you discover that you have been defamed!
For more, see our online defamation webpage.
At Gilbertson Davis LLP, our lawyers can assist in matters involving the removal of defamatory material from the internet. Our lawyers can represent you, your business, company, partnership or corporation in your defamation dispute, whether you are the person being defamed or the alleged defamer. Such representation may include claims or the defence of claims for particular losses or damages additional to damages for defamation itself. Gilbertson Davis LLP lawyers have experience in Defamation, Civil Litigation, Business Torts, Business Litigation, Arbitration and Mediation matters and can assist you in resolving your legal issues in a timely and cost-effective manner. Our mission is to provide creative, sensible, cost-effective, long-term resolutions to clients on defamation disputes. Please contact Gilbertson Davis LLP to schedule a consultation.
[1] Under section 1(1) of the Libel and Slander Act:
“newspaper” means a paper containing public news, intelligence, or occurrences, or remarks or observations thereon, or containing only, or principally, advertisements, printed for distribution to the public and published periodically, or in parts or numbers, at least twelve times a year. (“journal”)
“broadcasting” means the dissemination of writing, signs, signals, pictures and sounds of all kinds, intended to be received by the public either directly or through the medium of relay stations, by means of,
(a) any form of wireless radioelectric communication utilizing Hertzian waves, including radiotelegraph and radiotelephone, or
(b) cables, wires, fibre-optic linkages or laser beams,
and “broadcast” has a corresponding meaning.
Brief informational summaries about insurance litigation, commercial litigation and family law litigation matters in the courts of Ontario and Canada are periodically published on our website. Please note that our website content is for informational purposes only, and should not be construed or relied upon to provide legal advice. If you require legal advice, please request an initial consultation with Gilbertson Davis LLP using the Request Consultation Form on this webpage or by contacting our Intake Coordinator on (416) 979-2020, ext. 223 (both subject to the Terms of Use described on our Contact page).
Comments & Opinions by Gilbertson Davis LLP lawyers and staff on its Blog, or in media interviews, appearances or publications, or in professional publications, are personal to them, and do not necessarily represent the opinions of the Firm or anyone at the Firm other than the individual expressing those comments or opinions.
About the Author
