Defamation, slander and libel are terms that are often confused and used interchangeably. Though all three have to do with damaging a person’s reputation, there are some subtle distinctions to keep in mind. 

Defamation

A general and all encompassing term that refers to any statement/action that harms another person’s reputation.

Slander

A defamatory statement/action that is oral.

Libel

A defamatory statement that is made in writing. In other words, an oral statement that harms a person’s reputation is slander. When the harming statement is in writing, it is libel.

We are now living in a time where everything is becoming more and more virtual and connected. It is easy for words, whether written or oral, to spread and to have a damaging impact. A victim of slander or libel may actually sue for damages the person/organization responsible for damaging their reputation. Thus it may ultimately cost a person money to actually post or publish a defamatory statement about another person/organization. This is in addition to the hardships of going through a civil lawsuit and paying for legal fees.

Defamation Going Beyond Civil Courts

Defamation may also go beyond civil courts and could actually be criminal. The Criminal Code of Canada contains several provisions on libel. The Code contains provisions on “seditious libel” (libel causing people to rebel against authority) in section 59 and provisions on “defamatory libel” sections 297 and following.

Defining Defamatory Libel

Defamatory libel is defined in the Code in section 298 as a matter published, without lawful justification or excuse, that is likely to injure the reputation of any person by exposing him/her to hatred, contempt or ridicule, or that is designed to insult the person of or concerning whom it is published.

Maximum Punishment For Defamatory Libel

Defamatory libel is punishable by a maximum of two years in prison if it is prosecuted by indictment (section 301 Code ). However, if the defamatory libel that is published is known by its publisher to be false, then the libel in this case is punishable by a maximum of five years in prison (section 300 Code ).