b'LEGAL COLUMNSOCIAL MEDIABY CATHERINE E. WILLSON, AND DEFAMATIONB.A., LL.B.Be Careful What You Post From Behind a Screen!WITH THE ASSISTANCE OFGRACE E. BROOKS, J.D.D efamation is defined as an untrue statement made by anNot all defamation claims are successful. Some common defences individual that is harmful to someone elses reputationused to justify comments made are:and shared with a third party. 1.Truththe truth, even ugly truth, is not defamatory.In the age of the Internet troll, defamation through social media2.Fair commenta statement of opinion is not defamatory.(Facebook, Twitter, YouTube, Instagram, Snapchat and Tumblr,3. Absolute privilegestatements made in parliament, at trial or in etc.) is a problem.Individuals feel more liberated to say what theycourt documents.are thinking (or not thinking) while hiding behind a computer4. Qualified privilegestatements made without malice and for an screen or cell phone. We need only look south for an almost weeklyhonest and well-motivated reason.example of this behaviour.If you are a victim of defamatory comments, here are a few things Just because you say it through social media does not mean you areyou can do:free from liability for defamatory statements. The Supreme Court of Canada inGrant v. Torstar, 2009 SCC 61, established that the legal1.Act fastdeal with the issue head-on: try to have the defamatory test for defamation is: statement removed before it spreads.1. The words disseminated would lower the complainants reputation2.Seek expert adviceyou may wish to seek the help of an experienced defamation lawyer.in the eyes of a reasonable person; 3.Obtain evidencescreenshot, print and save evidence of all 2. The words referred to the complainant; andpostings relating to the defamatory material.3. The words were published or communicated to a third party, not 4. I gnore itif it is something that will quickly be forgotten, dont just to the complainant. fuel the fire.Defamation is a strict liability tort meaning the defendant is liable5.Refute the statementmake a statement of your own providing regardless of whether his or her statements were made negligently oryour side of the story and refuting the defamatory statement made.intentionally. The courts are becoming more familiar with the world6.Send a cease and desist noticesend a letter requesting that the of social media and are more willing to hold individuals accountabledefamatory statement be removed, retracted and an apology made.for their online comments and the republication of those comments7. Suethis should be the last option. Litigation is emotionally by others. draining, uncertain and expensive.So next time your fingers get itchy on that cell phone or computer, take a step back and think before you post or it may come back to haunt you.This information deals with complex matters and may not apply to particular facts and circumstances. The information reflects laws and practices that are subject to change. For these reasons, this information should not be relied on as a substitute for specialized professional advice in connection with any particular matter.Catherine E. Willson is counsel in the law firm, Goldman Sloan Nash & Haber LLP, (willson@gsnh.com) a full-service law firm in Toronto (gsnh.com). Grace E. Brooks, J.D. is an articling student at GSNH.12THE OFFICIAL PUBLICATION OF THE SCAFFOLD INDUSTRY ASSOCIATION OF CANADA'