Libel and slander actions are lawsuits involving the defaming of a person’s character. They are often called defamation actions. A person can defame another person’s character in two ways. If the defamatory statement is spoken, not written, it is slander. If the defamatory statement is written, it is libel.
In each case, the plaintiff must prove that the defaming words were communicated to a third party. A typical example is the publication of a libellous statement in a newspaper. The plaintiff must also prove that the words complained of actually refer to the plaintiff. It does not matter if the plaintiff is not expressly named in the newspaper provided that he or she is sufficiently identified by a designation or description.
The newspaper statement must be libellous. This means that the words complained of must be capable of libelling the plaintiff and must actually libel that person. The test is whether reasonable people in the community where the publication was made would understand the statement in the newspaper to convey a meaning that discredits the plaintiff. For example, the words themselves may have a double meaning or innuendo. In some circumstances, the meaning of the words cannot be understood by examining the words themselves but must be understood in the context of special facts known to the community in which the plaintiff moves although those facts may not be known to the general public.
There are several defences to a defamation action. The defence of justification is always a complete defence because it involves proving the truth of the words used. The defence of fair comment is more burdensome. The defendant must prove that the words complained of are a comment or opinion based on true facts. The comment must be on a matter of public interest, such as the activities of a municipal councillor, and it must meet the objective test that a fair-minded person could honestly express that opinion based on the true facts. The defence of qualified privilege attaches to certain false statements when made in the discharge of a public duty. An example is a letter from a township clerk to a reeve about the conduct of a certain person which turns out to be erroneous.
Libel and slander actions are difficult lawsuits, technical in nature, and not easily won.