IS IT POSSIBLE TO MAKE A CLAIM FOR DEFAMATION OF SOMEONE'S REPUTATION?

A good reputation is one of the most valuable things a person can have. That is why Hamilton injury lawyers strongly defend the point of view of the law against defamation. This article will analyze:

(1) What does it mean to defame someone?
(2) "Can I receive compensation if someone has defamed my name?"
(3) Under what circumstances?

WHAT DOES IT MEAN TO DEFAME SOMEONE?

The Canadian Criminal Code says:

“A defamatory libel is matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published." (Article 298, Number 1)

As the law continues to state, defamation can be done by written means — for example, the newspaper — or by oral means such as in a public speech, a statement made on television, or through a video on social media.

"CAN I RECEIVE COMPENSATION IF SOMEONE HAS DEFAMED MY NAME?"

Of course yes, without a doubt. Personal injury law protects people from damage to their reputation. This means that if someone maliciously “hurt” the reputation of another, the victim is entitled to compensation.

However, under certain circumstances, it is a bit more complicated or legally impossible to receive compensation for defamation. So, let's look at both sides of the coin to rule out any doubt.

WHEN POSSIBLE

It is possible to receive compensation for defamation as long as 2 things can be proven:
1. What was said is not true, and
2. That the defamer acted with malicious intent

For example, if a man accuses a woman of theft, the woman must only prove that she did not steal anything and that the man incriminated her of something that he knew was not true.
Nevertheless, what would happen if what was said is true? Is it possible to receive compensation?

It is possible to receive compensation when a person defames someone else's reputation by saying a true statement and what was said does not relate the victim of defamation with a direct crime. In this case, only malicious intent should be proven.

For example, if a couple breaks up and either partner posts intimate videos of the other party on their social media, the person who posted the videos could be sued for damage to the other person's reputation.

WHEN NOT POSSIBLE

The most classic example of when it is impossible to receive compensation for defamation is when a person in authority is involved.
For example, if a catholic woman based in Newfoundland defames her husband’s reputation while her confession with a priest, the defamed husband could not receive compensation. Why?

Because the law of Newfoundland protects the privacy behind these kinds of conversations between the parishioners and their religious leaders.

Note: In the case of public figures, some different rules apply. If that is the case for you, contact one of the Hamilton injury lawyers for advice regarding the feasibility of your claim.

HAMILTON INJURY LAWYERS SERVING DEFAMATION LAWSUITS

If your reputation has been defamed you deserve compensation. Although defamation does not involve physical injury, it can impact your life greater than any tangible injury.

Recover from those injuries by contacting your trusted personal injury lawyer today. To read more Click Here