Free speech and defamation law in Canada Law Research Paper

Free Speech and Defamation Law in Canada
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Free Speech and Defamation Law in Canada
Introduction
Free speech is one of the fundamental rights in Canada, protected under Section 2 of the Canadian Charter of Rights and Freedoms. There are provisions to safeguard people's "freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication" (Constitution Act, 1982: Canadian Charter of Rights and Freedoms, Section 2). These rights are not absolute whenever the reputation and dignity of another person are infringed. There are particular cases where people express themselves and get charged against hate speech, obscene material, and perjury. This means that the freedom of expression is subject to certain limits outlined within the law as is expected in a just and democratic society. While some of the crimes are categorized are constitutional, there certain limits where cases free expression is not related to restrictions within the constitution. These exclusion include the tort of defamation. The purpose of the essay is to define defamation and its two primary branches. We will further explain whether defamation law should exist or whether free speech should prevail and discuss the tension between free speech and defamation law.
Defamation Law
Defamation law covers forms of communication that damage the reputation or self-esteem of others. Defamation is "harming another person's reputation by making a false written or oral statement about that person to a third party" (Canadian Journalists for Free Expression, 2015). The legal suits in defamation law are based on whether statements made against a person as false or true. When there is proof that statements made were false, the courts will presume that damages were suffered. There are conflicts within defamation law between preserving free speech and protecting the reputation of people. When people make defamatory statements, the plaintiff can file a case and seek justice based on the law.
In Canada, there are certain instances when factual statements can be defamatory, especially when they relate to the dignity and self-esteem of the person. In order to qualify for defamation, the statements must be made to another person, or in public to constitute defamation under the common law. These provisions are important because they provide a sound basis for filing a defamation lawsuit. Another important consideration about defamation law in Canada is that it varies across the provinces.
Branches of Defamation Law
There are two main branches under the defamation law, libel and slander. The differences are based on the nature of remarks made toward the person whose reputation is damaged. Libel refers to a form of defamation that has a permanent record, either through written document, email, radio or television broadcast, newspaper story, or website posting. Libel may also include posts on social media platforms such as Facebook and Twitter (Black, Gratton, & Adjei, 2020). Additionally, Libel lawsuits include slander posted in the form of pictures. On the other hand, slander refers to a form of defamation that does not leave any form of the permanent record. This entails spoken statements, hand gestures, and other behaviors with similar traits. Based on the law, slander and libel are treated differently (Dial-A-Law, n.d.).
In slander lawsuits, the plaintiff must prove that they suffered damage (in the form of financial loss). There are exceptions to this provision such as the communication accuses the victim of committing a crime to other people other than police officers, accuses the victim of having a deadly and contagious disease, makes negative remarks about the victim's occupation or business, and accuses the victim of committing adultery. Whenever the statements made not to meet the exceptions stated, the victim must prove that there was a financial loss accruing from the perpetrator's statements. Libel is a more serious tort compared to slander. While a plaintiff cannot succeed in slander accusation unless there is proof of damage, these requirements are not necessary for libel. This is because the damages are presumed, and perpetrator must take liability for damaging the reputation of the victim (Dial-A-Law, n.d.).
When filing a lawsuit for defamation, there is a certain threshold that must be met to succeed. The claimant must prove three things. First, there must be material for defamation with proof that it lowers the reputation of the person from the perspective of an individual with the right mind. There must be proof that the statements were directed to the claimant (Duckworth, 2006). In this regard, there must be clear statements that whoever will see read or hear the statements will know that the reputation of the claimant has been tarnished. Since this is an essential requirement, defamation targeted to groups are not pursued because of their any proof of reputation damage to any person other than the group (Pitt, 1978). However, when the claimant can succeed if he or she proves that they have been defamed because of their role in the group, or otherwise the size and nature of the group. The final requirement is ensuring that the audience of the content is another person or group, other than the one who has been defamed. When these elements can be fulfilled, the claimant will succeed in the defamatory claims against the perpetrator (Klar, 2016).
Existence of Defamation Law
The reputation of a person is important because it determines the level of self-worth and dignity. Whenever the reputation is harmed, it is hard to regain. There are also devastating outcomes associated with defaming statements made against an individual. I agree with what the bible states, "a good name [reputation] is to be chosen rather than great riches" (Proverbs 22:1). Having a good reputation is essential for career development, business growth, family wellbeing, and a person's mental health status. Therefore, defamation laws should exist because they protect individuals from any form of harm and ensure that their rights are safeguarded. Whenever defamatory statements are made, the audience loses respect for the person. It may lead to termination of important relationships that benefited the victim (Merry, 1979).
The reputation of a person determines whether they will be hired in an organization or makes them lose certain contracts. The business hires someone with a good reputation to attract potential customers, keep the current ones, and saf...