News Articles

DEFAMATION

For most people, the word “injury” tends to bring to mind physical injury, or bodily harm, likely because it is considered one of the greatest types of injury a person can suffer.  Injury to one’s character or reputation is perhaps less likely to come to mind, but it can also bring with it a considerable amount of harm.  A person’s character is unquestionably an absolute and personal right, and it is therefore given protection under the law of defamation. 

The law of defamation as it exists in Alberta today, includes the concepts of both libel and slander, with no legal difference between them.  The concepts of libel and slander have existed for centuries, and originally they were considered two different things.  The distinction was found mainly in the way in which they were presented.  Generally, libel was some printed, written or physical expression, while slander referred to some type of verbal representation. 

Libel is often considered more serious because of the permanence of its form.  The spoken word dissolves once uttered, while the written one remains, and this is probably the reason why libel is both a civil and a criminal wrong.  Section 298 of the Criminal Code defines Defamatory Libel as “matter published, without lawful justification or excuse that is likely to injure the reputation of any person by exposing him [or her] to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.” 

In ancient times, it was expressly forbidden to slander anyone, especially someone in authority.  The laws of England recognized slander early on, as an injury to the individual, and an offence against the public peace.  In those times, the punishment for slander was for the slanderer to have his or her tongue cut out.  While the punishment for defamation today is likely only a monetary one, it is obvious that the law has always recognized what we now call the right of personal security, as it applies to character and reputation. 

The concept of libel as it is used today is a more recent legal development since most people could not read or write in ancient times.  With the emergence of the printing press and mass communication, libel that could once reach only a limited number of people, was now distributed widely and available to a vast number of people.  The law changed to reflect these technological advances by adding special provisions, which still exist in the current legislation, creating liability for newspaper publishers and broadcasters found publishing defamatory statements. 

The law of defamation is designed to protect a person’s interest in the reputation he or she actually has, not the reputation they deserve; and therefore, publishers and broadcasters are protected by the defences of truth and privileged publication.  These defences allow publishers and broadcasters to make fair and accurate reports of matters that are of public concern and for the public benefit, for example: public meetings, proceedings in court, the Senate or House of Commons.  The defence is not available, however, if it can be proved that the publication was made maliciously. 

The law of defamation recognizes that we do not live in isolation.  It protects us from those who seek to tarnish our reputations.  The right to be secure in one’s own reputation and character within the community is an important part of maintaining harmony, and has been recognized as such for centuries. 

By Gina Toni
December 8, 2004