Defamation is any communication between a person or an organization that tends to hurt their reputation.
Types of defamation:
The fundamental difference between the types of defamation lies solely in the form it is published.
In case the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures or the like, then it is slander. A slander may require you to prove your damages, in the form of financial loss, to get compensation.
In case the offending material is published with a permanent record like social media and other online posts, newspapers, letters, emails, pictures, and radio and TV broadcasts, in some type of gesture, either picture or words, it is referred to as Libel.
The defamation law is entrusted to protect one’s reputation against a false defamation. In case of defamation, one can be sued for money (called damages) for harming their reputation. It must be noted that the law doesn’t protect from someone from a personal insult or feelings, it protects in case someone’s reputation is hurt. Defamation can be a crime under the Criminal Code, but only rarely. Our lawyers in Edmonton, Alberta based lawyers can help you understand this better.
One can file a defamation case within 2 years of defamation. This period is referred to a limitation period. The period starts at the time the defamatory statement was made or published.
Under a defamation suit, the most important defense is to check whether something was defamatory. However, another important aspect to verify is whether the alleged defamor had the right to say it. One can have a legal defense to counter the defamation suit.
There are three main cases of legal defense in order to counter defamation suit:
- The said is claimed to be true
- It was the duty to provide information.
- It was just an expressing of opinion.
Major challenges while dealing with a defamation suit :
Defamation law doesn’t work well to protect reputations. Instead, it ensures that the dialogue and debate are necessary to seek the truth. The most effective penalty for a defamation case is a loss of credibility. There are communication channels set up so that people take responsibility for their statements and have an opportunity to make corrections and apologies. Else under defamation laws, lose credibility if exposed as untrustworthy. It is always recommended to consult with our civil litigation lawyer in Edmonton, Alberta for more details.