defamation defences
Date: October 10, 2024

Defamation Defences

Defamation involves harming an individual’s or business’ reputation by making an untrue statement, either orally or in writing, to a third party. This article will explore the various defences available to someone facing a defamation claim and how a lawyer can assist in building a robust defence.

The law provides remedies for victims of defamation, balancing the right to protect one’s reputation against the right to freedom of expression. Defending against a defamation lawsuit requires a comprehensive understanding of the defences available under the law.

Defences to Defamation Claims

Defendants in defamation lawsuits can file a statement of defence that adheres to the Ontario Rules of Civil Procedure. There are several potential defences to a defamation claim:

Targeting Weaknesses in the Plaintiff’s Case

For a defamation claim to succeed, the plaintiff must prove that:

  • The statements were defamatory and would lower the plaintiff’s reputation in the eyes of a reasonable person;
  • The statements referred to the plaintiff or their business; and
  • The statements were published (communicated to a third party).

The defence can focus on undermining any of these elements. For example, the defendant might prove the statements were not made about the plaintiff or that someone else made the defamatory comments. Additionally, if the claim is filed outside the two-year limitation period under the Ontario Limitations Act, 2002, the defendant can request the court to dismiss the claim.

Proving the Truth of the Statements

Truth is an absolute defence to defamation. The defendant must prove that the defamatory statements were, in fact, true. For instance, if the statements concern the quality of goods or services, the defendant could provide independent testing or other evidence supporting the truth of the claims.

Fair Comment

The defence of fair comment applies when the defamatory statements are opinions, rather than statements of fact. To rely on this defence, the defendant must prove that:

  • The comment was made on a matter of public interest;
  • It was based on facts;
  • It was recognizable as an opinion; and
  • It satisfies the honest belief test, meaning that any reasonable person could have expressed the same opinion.

Fair comment is a technical defence, and the defendant must prove all elements. Even if the comment was a genuine opinion, the defence can fail if it is shown that the statements were made with malice.

Absolute or Qualified Privilege

The defence of absolute privilege applies in certain contexts, such as statements made during judicial proceedings or in legislative debates. In such cases, the statements are protected from defamation claims regardless of their content.

Qualified privilege applies when the defendant has a duty or interest in making the statements, and the recipient has a corresponding interest in receiving them. Examples include government reports or a teacher reporting suspected abuse. Qualified privilege may not apply if the statements were made with malice.

Responsible Communication on Matters of Public Interest

This defence is typically used by journalists or media organizations. To succeed, the defendant must show that:

  • The statements related to a matter of public interest; and
  • The defendant took reasonable steps to verify the accuracy of the statements before publication.

Courts consider several factors, such as the seriousness of the allegations, the importance of the issue, and the efforts made to verify the information. If the defendant can demonstrate responsible journalism, this defence may succeed.

How a Defamation Lawyer Can Help

Defamation cases can be complex and emotionally charged. A defamation lawyer can help you:

  • Assess the Claim: Your lawyer will evaluate the merits of the claim, analyze the evidence, and determine the strength of the case.
  • Build a Strong Defence: They will craft a tailored strategy to defend against the claim, which may include proving the truth of the statements or showing that they were protected by privilege.
  • Gather Evidence: Your lawyer will assist in collecting documents, communications, and witness testimony to support your defence.
  • Negotiate or Settle: In many cases, defamation disputes can be resolved through negotiation or settlement. Your lawyer will work to protect your rights while seeking a favourable outcome.
  • Represent You in Court: If necessary, your lawyer will represent you in court, presenting your case effectively and arguing the relevant legal points.

In Summary

Defending against a defamation claim requires a strategic approach. Whether by targeting weaknesses in the plaintiff’s case, proving the truth of the statements, or invoking other legal defences, a skilled defamation lawyer can help protect your reputation and rights.

Contact Achkar Law

If you have been named in a defamation lawsuit, our team of experienced lawyers at Achkar Law can assist you in building a strong defence. Reach out today to discuss your case.

Call Us Toll-Free: 1 (800) 771-7882
Email: [email protected]