Defamation occurs when a false statement is made about an individual or business that harms their reputation.
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Defamation Claims
Cunningham & Co. assists individuals, entrepreneurs, and small businesses with addressing defamatory statements that harm personal or professional reputations.
What is Defamation?
Defamation occurs when someone makes a false statement about you to a third party that harms your reputation. In British Columbia, defamation can take two forms: libel (written or recorded statements) and slander (spoken statements). The law protects individuals and businesses from unjust damage to their reputation, but it also balances this with freedom of expression.
If you believe someone has made defamatory statements about you or your business, you may be entitled to take legal action or demand that the statements be withdrawn and damages paid.
Most Common Situations Involving Defamation
Defamation claims typically arise in the following situations:
- False online reviews or social media posts that damage a person or a business’s reputation.
- Accusations of criminal behaviour or dishonesty made in public or to a third party.
- Workplace rumours that affect professional standing or career opportunities.
- Media publications or blog posts containing untrue and damaging statements.
Elements of a Defamation Claim in British Columbia
To succeed in a defamation claim under British Columbia law, you generally must prove:
- The statement was published to at least one other person.
- The statement referred to you or your business.
- The statement would lower your reputation in the eyes of a reasonable person.
Unlike in some areas of law, intent is not required—meaning even careless or unintentional defamatory statements can lead to liability.
Defenses Against Defamation Claims
Certain defenses may apply to a defamation claim, including truth (justification), fair comment, and qualified privilege.
Truth
This defense requires proof that the statement being made is actually true. The onus is on the defendant to prove that the defamatory meaning allegedly conveyed was true in substance.
Fair Comment
This defense protects the expression of certain opinions based on proven facts. The defendant has the onus of proving that the defamatory statement was a comment, as opposed to a statement of fact, on a question of public interest, and that there was a sufficient basis of facts. The defendant must also prove that, objectively, a person could have honestly expressed the defamatory comment on the proven facts.
Qualified privilege
This defense provides certain circumstances in which a person is permitted to speak freely in exercising a duty.
Steps to Take if You Are Defamed
If you believe you have been defamed, consider taking the following steps:
- Document the defamatory statement: Take screenshots, save emails, or make notes of verbal comments, including dates, times, and witnesses.
- Do not respond publicly without legal advice: A defensive or emotional response can sometimes escalate matters or create further harm to reputation. It could also be detrimental to your legal position.
- Consult a lawyer: A legal professional can advise you on your rights, possible remedies, and the risk of counterclaims
Legal Remedies for Defamation
If a defamatory statement has been made, you may be entitled to a retraction or correction of the statement or an apology from the offending party. You may also be entitled to monetary damages for harm to your reputation, emotional distress, and financial losses. Another common remedy is the court ordering an injunction which would prevents further defamatory statements from being made.
Most defamation cases in British Columbia are resolved through negotiation or settlement, often before formal court proceedings are started.
Best Practices for Addressing Defamation
It is usually advisable to attempt an informal resolution before resorting to litigation. In many cases, having a lawyer send a Cease and Desist Letter on your behalf can resolve the matter efficiently. This type of letter signals that you are serious about protecting your reputation and prepared to escalate the issue if necessary.
Common Misconceptions about Defamation
A few myths persist about defamation law in British Columbia:
- “It’s only defamation if it’s malicious.”
False. Malice is not required. Even unintentional statements can be defamatory. - “Statements made online aren’t serious.”
Defamation laws apply equally to online statements, and courts have recognized the significant reputational harm they can cause. - “Freedom of speech means you can say anything.”
While freedom of expression is a protected right, it does not permit false and harmful statements about others.
Hiring a Lawyer to Help You Deal with Defamation
While you can confront a defaming party yourself, hiring a lawyer ensures your rights are protected and your approach is strategic. A lawyer can:
- Assess whether a statement is legally defamatory.
- Evaluate the strength of available defences.
- Help you avoid unintentionally escalating the situation or exposing yourself to counterclaims, such as for defamation in response.
- Advise on the best course of action, whether that’s sending a formal letter, negotiating a settlement, or commencing legal proceedings.
If worse comes to worst, we are prepared to fight for your reputation in a court of law.
On the other hand, if you are the one being accused of defamation, then we see if the arguments against you have any merit and can defend you if needed.
