Project Overview
The LCO’s Defamation Law in the Internet Age project examined how Ontario’s defamation laws should be updated to account for “internet speech”, including social media, blogs, internet platforms and other digital media.
Defamation laws protect reputation from harm caused by false words. The law tries to balance two fundamental, yet potentially conflicting, values: protection of reputation and freedom of expression.
Prior to the internet, defamation complaints typically focused on newspaper articles, books, magazines and radio and television broadcasts. The internet has transformed how reputational harm occurs. Online attacks, false reviews, cyberbullying can spread instantly, be republished widely, are often anonymous, and are extremely difficult to remove. Many defamation claims also now involve private individuals rather than news organizations.
Ontario’s existing defamation laws do not provide practical remedies for most online defamation. Traditional lawsuits are slow and costly, and the law offers little help in identifying anonymous publishers or addressing harmful content in a timely way. As a result, people harmed online often have no realistic way to protect their reputation. To address these challenges, the LCO conducted the most extensive review of defamation law in Canada, culminating in its Final Report in March 2020.
Advisory Committee
The Advisory Committee members were:
- Dan Burnett – Owen Bird Law Corporation
- Jamie Cameron – Osgoode Hall Law School
- Peter Downard – Fasken Martineau DuMoulin
- Kathy English – The Toronto Star
- David Fewer – Samuelson-Glushko Canadian Internet Policy & Public Interest Clinic
- John D. Gregory – Retired General Counsel, Ministry of the Attorney General
- Emily Laidlaw –University of Calgary, Faculty of Law
- Brian MacLeod Rogers
- The Honourable Wendy Matheson – Superior Court of Justice of Ontario
- Roger McConchie
- Tom McKinlay – General Counsel, Crown Law Office – Civil, Ministry of the Attorney General
- Julian Porter – Q.C., Professional Corporation
- David Potts
- Paul Schabas – Blake, Cassels & Graydon LLP
- Andrew Scott – London School of Economics
- Joanne St. Lewis – University of Ottawa, Faculty of Law
- Hilary Young – University of New Brunswick, Faculty of Law
Key Recommendations
The LCO made 39 recommendations aimed at modernizing defamation law, protecting free expression, and providing practical remedies for people harmed online. Key reforms include:
1. Create a modern Defamation Act for the digital age
- Replace the Libel and Slander Act with legislation designed for both traditional and online communication.
- Introduce faster, more accessible options for resolving online disputes, including alternative dispute resolution.
- Establish a clear notice process so publishers have a chance to respond before a claim escalates.
- Adopt a “single publication rule” to prevent lawsuits from restarting each time content is shared.
- Set a two-year limitation period and allow courts limited authority to order takedowns in prescribed circumstances.
2. Establish new responsibilities for internet platforms
- Require platforms that host third-party content to pass along notices of defamation complaints to the original poster.
- Require platforms to remove content if the poster does not respond to the notice.
- Impose fines for non-compliance, while ensuring platforms are not treated as “publishers” when they simply host content without editorial control.
These reforms aim to create a fair and practical system that protects reputation, supports free expression, and provides real solutions for Ontarians affected by online defamation.