DEFAMATION

CIVIL LITIGATION LAWYER
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DEFAMATION

CIVIL LITIGATION LAWYER
CONTACT US

THE KEY TO UNDERSTANDING DEFAMATION – HOW AJ LAW LLP’S FILIPINO LAWYER CAN HELP


Defamation consists of two forms:





  1. Libel which is defamation with a permanent record, e-mail, radio or television broadcast, newspaper, website publishing, etc.; and
  2. Slander which is defamation without a permanent record, such as a spoken expression or even a hand gesture.

In the case of defamation, the person must prove that:




  1. The terms at issue were defamatory which means that they would have a negative effect on the image of the individual in the eyes of a rational person;
  2. The terms pertain to the individual complaining about those utterances, and
  3. Words have been released which means that they have been written or said to someone other than the person who complains about the utterance.

THE KEY TO UNDERSTANDING DEFAMATION – HOW AJ LAW LLP’S FILIPINO LAWYER CAN HELP


Defamation consists of two forms:




  1. Libel which is defamation with a permanent record, e-mail, radio or television broadcast, newspaper, website publishing, etc.; and

  2. Slander which is defamation without a permanent record, such as a spoken expression or even a hand gesture.


In the case of defamation, the person must prove that:




  1. The terms at issue were defamatory which means that they would have a negative effect on the image of the individual in the eyes of a rational person;

  2. The terms pertain to the individual complaining about those utterances, and

  3. Words have been released which means that they have been written or said to someone other than the person who complains about the utterance.

Civil-Litigation-Defamation-01-filipino-lawyer-AJ-Law-LLP

Generally speaking, the legal way of interpreting a defamatory term is as follows:


“It is defamatory expressions that tend to lower a person’s reputation in the estimation of right thinking members of society in general or that expose a person to hatred, contempt or ridicule.”


If all three elements are proven, damages are usually claimed and the obligation transfers to another person to prove the defense, in order to avoid liability. AJ Law LLP’s Filipino Lawyer in Toronto is of service to assist you whether you are the individual subject of the defamatory utterance or the defendant accused of having defamed someone.

Civil-Litigation-Defamation-01-filipino-lawyer-AJ-Law-LLP

Generally speaking, the legal way of interpreting a defamatory term is as follows:


“It is defamatory expressions that tend to lower a person’s reputation in the estimation of right thinking members of society in general or that expose a person to hatred, contempt or ridicule.”


If all three elements are proven, damages are usually claimed and the obligation transfers to another person to prove the defense, in order to avoid liability. AJ Law LLP’s Filipino Lawyer in Toronto is of service to assist you whether you are the individual subject of the defamatory utterance or the defendant accused of having defamed someone.

There are several protections brought by the defendants in cases of defamation


There are several protections brought by the defendants in cases of defamation. For instance, if the defendant can prove that the words were “truthful,” it generally means that liability can be evaded. There are also special circumstances under which immunity is given to those who defame others, such as the records of the Court (an accusation, etc.). There are also a variety of other defenses available, some of which are legally complex.




  • true statement cannot be defamatory
  • absolute privilege
  • qualified privilege
  • fair comment
  • responsible communication on matters of public importance
Civil-Litigation-Landing-Page-v2-aj-law-llp-2

Ontario has the Libel and Slander Act


Ontario has the Libel and Slander Act, which deals with the rules on defamation. Important provisions in the afore-stated Act tackles special notice provisions, for example when defamation is reported in the media, when defamation in the sense of a person’s occupation can be actionable and when monetary damages cannot be identified.


Defamation also provides a compromise between credibility and the freedom of expression, as is also the case in the sense of defamatory comments made in the media or even online. Generally, the award of damages in Ontario for defamation cases is rather modest, especially in cases not involving mass media publication.


There are more instances of defamatory comments made online, in particular through social media and discussion blogs and forums. These scenarios appear to be difficult to deal with, including whether the owner of a blog or a discussion site may also face liability. Ontario has since introduced laws relating to how one would express apologies towards another party. This legislation does not shield an individual from liability, but is intended to try to discourage prosecutions from taking place and to allow parties to settle conflicts before a case is brought about.

There are several protections brought by the defendants in cases of defamation


There are several protections brought by the defendants in cases of defamation. For instance, if the defendant can prove that the words were “truthful,” it generally means that liability can be evaded. There are also special circumstances under which immunity is given to those who defame others, such as the records of the Court (an accusation, etc.). There are also a variety of other defenses available, some of which are legally complex.




  • true statement cannot be defamatory

  • absolute privilege

  • qualified privilege

  • fair comment

  • responsible communication on matters of public importance

Civil-Litigation-Landing-Page-v2-aj-law-llp-2

Ontario has the Libel and Slander Act


Ontario has the Libel and Slander Act, which deals with the rules on defamation. Important provisions in the afore-stated Act tackles special notice provisions, for example when defamation is reported in the media, when defamation in the sense of a person’s occupation can be actionable and when monetary damages cannot be identified.


Defamation also provides a compromise between credibility and the freedom of expression, as is also the case in the sense of defamatory comments made in the media or even online. Generally, the award of damages in Ontario for defamation cases is rather modest, especially in cases not involving mass media publication.


There are more instances of defamatory comments made online, in particular through social media and discussion blogs and forums. These scenarios appear to be difficult to deal with, including whether the owner of a blog or a discussion site may also face liability. Ontario has since introduced laws relating to how one would express apologies towards another party. This legislation does not shield an individual from liability, but is intended to try to discourage prosecutions from taking place and to allow parties to settle conflicts before a case is brought about.

Civil-Litigation-Defamation-02-filipino-lawyer-AJ-Law-LLP

Defamation is a fairly specialized legal domain. If you believe like you have been defamed or are being suspected of having committed the same so you should talk to a lawyer who is trained and knowledgeable in this field of law. This is just a very brief description of this field of law, which is very broad and more often complicated.

Civil-Litigation-Defamation-02-filipino-lawyer-AJ-Law-LLP

Defamation is a fairly specialized legal domain. If you believe like you have been defamed or are being suspected of having committed the same so you should talk to a lawyer who is trained and knowledgeable in this field of law. This is just a very brief description of this field of law, which is very broad and more often complicated.

AJ Law LLP’s Filipino Lawyer can sit down with you to determine your rights and develop a strategy regarding the specific situation you are in. You can contact your Filipino Lawyer through email at [email protected] or call +1 416 409-5991 for a free consultation.

AJ Law LLP’s Filipino Lawyer can sit down with you to determine your rights and develop a strategy regarding the specific situation you are in. You can contact your Filipino Lawyer through email at [email protected] or call +1 416 409-5991 for a free consultation.