Avoiding a 'Defamation' on this site
Posted: Tue Apr 15, 2025 10:35 am
We are best to endeavour to 'DO NO HARM'. We must be careful, prudent, measured and precise in our communication to not create harm to others.
To avoid being sued for the tort of defamation or slander in the legal jurisdiction of 'Canada' when speaking about others publicly, consider the following guidelines:
Avoiding a Defamation in 'The Legal Jurisdiction' of 'Canada':
Defamation is a broad term for making false statements that harm someone's reputation. Slander is a specific type of defamation where the false statement is made orally. Libel, on the other hand, is defamation in writing.
Here's a more detailed breakdown:
Defamation:
Definition: Any false communication that damages a person's reputation.
Types: Includes both libel (written defamation) and slander (spoken defamation).
Legal Consequences: Individuals can sue for damages if they have been defamed.
Slander:
Definition: A false statement made orally that harms someone's reputation.
Example: Accusing someone of a crime in a public speech when they are innocent.
Proof: It can be more difficult to prove slander than libel because of its fleeting nature.
Legal Action: You can sue for slander in civil court.
In essence, slander is a specific type of defamation, while defamation is the broader umbrella term encompassing all forms of harmful false statements, including written ones (libel) and spoken ones (slander).
On this site, we are dealing with Defamation since everything is in writing.
Remember:
1. **Truth**: Ensure that any statements made are true. Truth is a complete defence against defamation claims in Canada.
2. **Opinion vs. Fact**: Clearly distinguish between statements of fact and opinions. Opinions are generally protected, provided they are not based on false statements of fact.
3. **Fair Comment**: If expressing an opinion, ensure it is based on true facts and is a fair comment on a matter of public interest.
4. **Privilege**: Be aware of situations where statements may be protected by legal privilege, such as in parliamentary proceedings or court cases.
5. **Avoid Malice**: Ensure that your statements are not made with malice or reckless disregard for the truth.
6. **Attribution**: If quoting or referencing others, accurately attribute the source and ensure the context is not misleading.
7. **Fact-Checking**: Verify the information before making public statements. This includes checking the credibility of sources.
8. **Context Matters**: Consider the context in which statements are made. Public figures may have a higher threshold for proving defamation.
9. **Research the topic to Advise yourself**: If in doubt, become an informed, well informed or expert on the topic by researching defamation Law, and carefully review your statements before making them public.
10. **Be Cautious with Sensitive Topics**: Exercise caution when discussing sensitive or controversial topics that could lead to defamation claims.
By following these guidelines, you can reduce the risk of being sued for defamation in the Jurisdiction of Canada.
Even though we are encouraged to use a pseudonym identity here, we can be unmasked by hook, crook or trickery, so mind your P's and Q's to avoid causing harm, and only write it if it is absolutely provably true.
To avoid being sued for the tort of defamation or slander in the legal jurisdiction of 'Canada' when speaking about others publicly, consider the following guidelines:
Avoiding a Defamation in 'The Legal Jurisdiction' of 'Canada':
Defamation is a broad term for making false statements that harm someone's reputation. Slander is a specific type of defamation where the false statement is made orally. Libel, on the other hand, is defamation in writing.
Here's a more detailed breakdown:
Defamation:
Definition: Any false communication that damages a person's reputation.
Types: Includes both libel (written defamation) and slander (spoken defamation).
Legal Consequences: Individuals can sue for damages if they have been defamed.
Slander:
Definition: A false statement made orally that harms someone's reputation.
Example: Accusing someone of a crime in a public speech when they are innocent.
Proof: It can be more difficult to prove slander than libel because of its fleeting nature.
Legal Action: You can sue for slander in civil court.
In essence, slander is a specific type of defamation, while defamation is the broader umbrella term encompassing all forms of harmful false statements, including written ones (libel) and spoken ones (slander).
On this site, we are dealing with Defamation since everything is in writing.
Remember:
1. **Truth**: Ensure that any statements made are true. Truth is a complete defence against defamation claims in Canada.
2. **Opinion vs. Fact**: Clearly distinguish between statements of fact and opinions. Opinions are generally protected, provided they are not based on false statements of fact.
3. **Fair Comment**: If expressing an opinion, ensure it is based on true facts and is a fair comment on a matter of public interest.
4. **Privilege**: Be aware of situations where statements may be protected by legal privilege, such as in parliamentary proceedings or court cases.
5. **Avoid Malice**: Ensure that your statements are not made with malice or reckless disregard for the truth.
6. **Attribution**: If quoting or referencing others, accurately attribute the source and ensure the context is not misleading.
7. **Fact-Checking**: Verify the information before making public statements. This includes checking the credibility of sources.
8. **Context Matters**: Consider the context in which statements are made. Public figures may have a higher threshold for proving defamation.
9. **Research the topic to Advise yourself**: If in doubt, become an informed, well informed or expert on the topic by researching defamation Law, and carefully review your statements before making them public.
10. **Be Cautious with Sensitive Topics**: Exercise caution when discussing sensitive or controversial topics that could lead to defamation claims.
By following these guidelines, you can reduce the risk of being sued for defamation in the Jurisdiction of Canada.
Even though we are encouraged to use a pseudonym identity here, we can be unmasked by hook, crook or trickery, so mind your P's and Q's to avoid causing harm, and only write it if it is absolutely provably true.