Protecting Your Reputation in the Digital Age
In an era of instant communication and social media, a reputation that took a lifetime to build can be damaged in seconds. At Crease Harman, we frequently advise clients on how to respond to defamatory statements.
In British Columbia, the law of defamation covers both libel (written or broadcast defamation) and slander (spoken defamation). If you are considering legal action, there are specific jurisdictional and procedural realities you must face.
The Three Elements of Defamation To succeed in a lawsuit, a plaintiff must prove three things on a “balance of probabilities”:
- The words were defamatory: They would tend to lower your reputation in the eyes of a reasonable person. Personal insults that merely hurt your feelings do not always qualify; the statement must damage your standing in the community.
- The words referred to you: It must be clear that the statement is about you, even if you are not explicitly named.
- The words were published: The statement was communicated to at least one person other than yourself.
The Burden of Proof Shifts Once you establish these three elements, the law presumes the statements are false and that you have suffered damage. The burden then shifts to the defendant to prove a defence. Common defences in BC include:
- Truth (Justification): The statement was substantially true.
- Fair Comment: The statement was an opinion on a matter of public interest, based on facts.
- Qualified Privilege: The person had a legal or moral duty to make the statement (e.g., an employment reference).
Jurisdiction and Limitation Periods Unlike many other civil disputes, defamation claims in British Columbia generally cannot be brought in Small Claims Court; they must be filed in the Supreme Court of British Columbia. This elevates the complexity and cost of the proceedings, making it essential to have experienced counsel.
Furthermore, there is a strict two-year limitation period to file a claim, generally starting from the day the defamatory statement was published. If you miss this window, your right to sue is extinguished.
A Note on “Anti-SLAPP” Legislation Plaintiffs must also be aware of the Protection of Public Participation Act. If a court determines that your lawsuit is intended to silence a defendant on a matter of public interest (a “SLAPP” suit), your case can be dismissed early, and you may be liable for full legal costs.
Navigating defamation law requires a strategic approach to balance the need for vindication against the risks of litigation. Our team is ready to guide you.
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