LawDB.ca
A harsh online review or social media post can feel like a legal problem, and sometimes it is. Alberta law protects reputation, but it also protects expression, and a 2019 statute gives courts a quick way to weed out some lawsuits.
What defamation is
Defamation generally requires a statement that identifies the person, is communicated to others and would tend to lower their reputation in the eyes of reasonable people. Written statements, including online posts, are libel.
Common defences include truth, fair comment on a matter of public interest and responsible communication on matters of public interest.
Alberta’s anti-SLAPP law
The Protection of Public Participation Act allows a defendant to ask the court to dismiss, at an early stage, a lawsuit that targets expression on a matter of public interest. The plaintiff then has to show the claim has substantial merit and that harm outweighs the public interest in the expression.
The aim is to protect debate from being chilled by expensive lawsuits.
If you are involved
Save screenshots, dates and links before content is deleted. Consider whether a correction or takedown request solves the problem more cheaply than a lawsuit. Defamation claims generally have a limitation period of two years, so do not delay in getting advice.
If a post is causing you problems
- Capture screenshots and URLs with dates.
- Ask whether a correction or takedown request would solve the problem.
- Avoid replying publicly in a way that may make things worse.
- Diarize the two-year limitation period.