Discovering someone has posted false statements about you online is a gut-punch. Whether it’s a scathing false review, a social media smear campaign, or a damaging blog post, online defamation in Ontario is a serious issue, and you have rights.
Online defamation is more common than most people realize, and it can do real damage fast. A single false statement can circulate across platforms within hours, affecting your reputation, your business, and even your personal relationships.
The good news: Ontario defamation law provides clear legal remedies, and there are steps you can take immediately.
What is Online Defamation in Ontario?
Not every negative comment online rises to the level of defamation. According to Canadian law, defamation, be it written (libel) or spoken (slander) must meet the following test from Grant v Torstar Corp., 2009 SCC 61:
- That the words or statement were defamatory in the sense that they would tend to lower the plaintiff’s reputation in the eyes of a reasonable person;
- That the words in fact referred to the plaintiff; and
- That the words were published or communicated to at least one other person than the plaintiff.
In most online cases, defamation will be considered libel, since it involves written or published content.
What to Do If Someone Defames You Online in Ontario
1. Document everything immediately
If you’re dealing with online defamation, your first step is to preserve evidence.
Take:
- Dated screenshots
- URLs
- Usersnames and timestamps
If the content is later deleted, you’ll be glad you moved fast. The more documentation you have, the stronger your position during a defamation lawsuit.
2. Avoid responding publicly
It’s tempting to fire back publicly but you should not.
Responding emotionally can:
- Damage your credibility
- Escalate the situation
- Complicate legal proceedings
Step back, take a breath, and resist the urge to engage until you’ve had a chance to think strategically or speak with a defamation lawyer.
3. Request removal of the content
In some cases, reaching out to the person or platform can resolve the issue quickly without legal action. You can:
- Contact the person directly and ask them to remove the post
- Report it to the platform as false and harmful content.
Many platforms have policies against defamatory content and will remove it when properly flagged. While not always successful, it is often the fastest and most cost-effective step.
4. Identify who is responsible
Sometimes the author behind the post is obvious. Other times, they’re hiding behind an anonymous account. In Ontario, a defamation lawyer can bring legal steps (like a court order) to identify anonymous posters.
5. Send a Notice of Libel
A Notice of Libel is a written notice under Ontario’s Libel and Slander Act, which is typically to be served within six weeks of discovering the defamatory content. A Notice of Libel is a mandatory step when the defamatory content pertains to libel in a newspaper or in a broadcast. The Notice of Libel puts the other party on notice that you’re aware of what they’re doing, that you believe it’s defamatory, and that you’re prepared to take legal action if they don’t stop and remove the content.
6. Consider filing a defamation lawsuit
If the harm is serious and other approaches haven’t worked, litigation may be your best option. A defamation claim can seek:
- Damages for reputational harm
- Lost income
- Emotional distress
- Punitive damages (in serious cases)
A defamation lawyer can help you assess the strength of your claim and whether the likely outcome justifies the cost and effort of going to court.
A Limitation Periods for Defamation
In Ontario, the general limitation period for defamation is two years from the date the claim was discovered. However, an action for libel in a newspaper or in a broadcast must be commenced within three months after the libel has come to the knowledge of the person defamed, but, within six weeks of discovery, a mandatory written notice must be provided to the publisher.
Do You Need A Defamation Lawyer in Ontario?
Online defamation cases can be complex. An experienced defamation lawyer can:
- Evaluate your claim
- Preserve evidence
- Pursue removal of harmful online content
- Represent you in court, if necessary
Have Questions About Your Situation?
We offer consultations to help you understand your options. Contact GS Brar Law Professional Corporation at 905-291-3297 or contact@gsbrar.law to learn more about how we can help you.
Disclaimer: This blog post is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. If you believe you have been defamed, please consult with a licensed defamation lawyer in your jurisdiction.
