by Author Name Withheld 119

Created on: March 06, 2008

DEFAMATION - What is it, exactly?
Defamation is when somebody knowingly provides or issues a false statement or statements about another individual or business and the result of this action causes direct or indirect harm to that person or business. Legal rights have been violated, and this often leads to the next step: Commencement of civil litigation.

In law, there are two (2) forms of defamation. They are as follows:

1.) Libel - written defamatory statements made towards another individual or business. These statements could be in employer reports, contract policy breaches, local newspapers, and court documents. Other examples include movie films made against someone's will and magazine articles. The onus of proof is on the plaintiff that harm or loss was the result of the written statement(s). These statements either have to be:

* Published *
Or
* Available to the public for viewing, but not necessarily published.*

Libel statements most often have compensation in damages to the plaintiff in the action. This is due to the "permanent" written statements that are most likely unable to be undone, as opposed to slander defamation.

2.) Slander - verbal defamatory statements made towards another individual or business. Even if there was no intent to perform slander, the accused may be found liable, but the onus of proof is on the plaintiff to the commenced action, to prove he or she suffered a loss as a result of the defamatory statement(s) made against him or her.

The test in civil law is based on "The Balance of Probabilities", as opposed to the criminal law test, which is Beyond a Reasonable Doubt.

Defamation law protects an individual's good name status and reputation. When it comes to our rights under the law, we do not have complete freedom of speech from the Canadian Charter of Rights and Freedom. When a decision is made in court by a judge, the result of the statements must be measured.

For further information, you may refer to The Law and Business Administration in Canada text book, published by Smyth, Soberman, and Easson.
If you have any questions, please do not hesitate to contact me, as my profession deals with such matters as defamation. You don't have to suffer alone.

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