Casual Legal: Share wisely
DISCLAIMER: This article is meant to provide information to Alberta Municipalities members only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated. This content is not intended for the general public.
By Sean Ward
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider
In the age of social media, we often give little thought to sharing or re-posting an article, blog or other information that was prepared by another person. However, people are often surprised to learn that if the content is defamatory, it is not only the original author of the defamatory content that could be liable in defamation, but also any person that has re-published or shared that content with others.
One of the requirements in any defamation action is to show that the defamatory words were “published”. That could mean publication in the traditional sense of a newspaper, television or radio, but it could also mean publication over social media or by email. Publication simply requires sharing the information with at least one person other than the target of the defamatory comments, whether in writing, verbally, or online.
It also includes re-publication by another person after the original defamatory words were first published. The person who republishes the defamatory words could be liable despite not having been involved in the original defamatory work, and potentially even in cases where they do not agree with the defamatory content that they have republished.
That does not mean that any time a person shares information about someone else’s work, they will be considered to have republished the information. The Supreme Court of Canada has found that simply publishing a hyperlink to defamatory content does not amount to a republication of that content. The Court noted that a link itself is a neutral reference, and it would be unfair to ascribe liability to the person posting the link, who cannot control any changes to the website linked to, after the link was published.
However, that is a limited exception where a person simply posts a hyperlink to a work. If, along with the hyperlink, a person includes commentary that expresses support or agreement for the content they are linking to, or repeats portions of that work, that may be sufficient to attract liability for the defamatory content they are sharing. And certainly, in cases where a person reposts the actual defamatory words themselves on social media, or repeats it in an email or other communications, that person faces potential liability for the defamatory content.
Employees and elected officials should therefore exercise caution when publishing, sharing or promoting information that could potentially be defamatory.
To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1-800-661-7673 or casuallegal [at] abmunis.ca (email) to reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please call 310-MUNI (6864) or riskcontrol [at] abmunis.ca (email) to connect with Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.
