Many people believe that as long as they tell the truth, they are protected under defamation laws. However, Canadian defamation laws are more complex than simply distinguishing between truth and lies. While truth is a defense, it is not always absolute, and there are situations where even a factual statement can result in legal action.
What Are Defamation Laws?
Defamation laws regulate statements that harm a person’s reputation. There are two types:
Libel – Written or published falsehoods (including online posts and reviews).
Slander – Spoken statements that cause harm.
For a defamation lawsuit to succeed, the statement must:
✅ Be published or shared with others.
✅ Be about a specific individual or business.
✅ Cause reputation damage.
When the Truth Can Still Lead to Legal Issues
Many assume that defamation laws only apply to false statements. However, even true statements can sometimes be legally problematic.
🔹 Malicious Intent – If a statement is made with the intent to harm, even if it is true, it could still be considered defamatory under defamation laws. Courts examine motive and context in libel and slander cases.
🔹 Invasion of Privacy – Even a factually correct statement can violate privacy laws if it exposes someone’s personal or sensitive information.
🔹 Breach of Confidentiality – Sharing confidential details (such as private business records or privileged communications) may still result in legal liability, even if the facts are accurate.
🔹 Online Reviews and Social Media Posts – Many lawsuits under defamation laws stem from negative reviews. If a review exaggerates claims or goes beyond facts, it could be legally challenged.
Defamation Laws in Action: A Real Case Example
In a well-known Canadian case, a negative Google review led to a defamation lawsuit. While some of the review contained facts, the business argued that exaggerated claims and malicious intent turned it into libel. The court ruled that certain statements violated defamation laws, proving that even factual reviews can carry legal risk.
How to Avoid Legal Trouble
✔ Know the Law – Defamation laws don’t just apply to false statements but also to harmful or misleading true statements.
✔ Avoid Malicious Intent – Even if you’re telling the truth, courts may assess whether your intent was to damage someone’s reputation.
✔ Stay Within Legal Boundaries – Be mindful of privacy laws and confidentiality agreements before sharing information.
✔ Be Careful with Online Reviews – Ensure business reviews are fact-based and not overly exaggerated to avoid a defamation lawsuit.
Final Thoughts on Defamation Laws in Canada
Understanding defamation is essential in today’s digital world. Whether you’re posting online, writing a review, or making a public statement, ensure your words are fact-based, non-malicious, and compliant with privacy regulations. Even truthful statements can lead to legal issues if they violate privacy laws or intentional harm is proven.
📌 Have you ever come across a case where truth led to legal action? Share your thoughts below!
Canadian defamation law refers to defamation as it stands in both common law and civil law jurisdictions in Canada.