For some reason, recently, I have been involved directly or indirectly in a rash of defamation claims. When it rains, it pours! While one dispute involved a traditional news outlet, the others stemmed from Facebook posts. According to Adweek, individuals (in the United States) spend on average 35 minutes a day on Facebook. According to Statista, 71 per cent of Canadians used Facebook in 2016, and 57 per cent of Manitoba/Saskatchewan residents used Facebook in 2015. When I read these statistics, I am not surprised at the apparent increase in defamation claims.
Defamation arises when someone damages a person's good reputation through statements to others or publishes damaging information. It is a general term that incorporates both slander and libel. In Manitoba, the Defamation Act governs how these actions are conducted. The act establishes, when defamation is proved, damages will be presumed, meaning that the person who was defamed will not have to prove the economic damages that flowed from the defamatory statements.
In 2016, a court in British Columbia awarded the plaintiff, a school teacher, $65,000.00 in a defamation case, (Pritchard v. Van Nes), where the defendant posted the following message following a long-standing feud with her neighbour, the plaintiff, on her Facebook page:
"Some of you who know me well know I've had a neighbour videotaping me and my family in the backyard over the summers... Under the guise of keeping record of our dog... Now that we have friends living with us with their 4 kids including young daughters we think it's borderline obsessive and not normal adult behaviour... Not to mention a red flag because Doug works for the Abbotsford school district on top of it all!!!!The mirrors are a minor thing... It was the videotaping as well as his request to the city of Abbotsford to force us to move our play centre out of the covenanted forest area."
After she posted, 48 of her Facebook friends posted comments which included:
One comment the judge found particularly disturbing, "why don't you just send this picture to his principal? He may have a legal right to video tape your children but is he not responsible as a teacher to not be a "creep" with his current and future students. Use his position as a teacher against him. I would also send it to the newspaper. shame is a powerful tool."
The person who posted this comment contacted the principal of the school where the plaintiff worked to complain. Ultimately, the judge found the defendant had defamed the plaintiff in her initial post, which is expected. However, the judge went further to find her liable for her Facebook friends' comments because she did not remove them from her page.
The judge concluded, "it appears that a deliberate action can encompass failure to act to remove the defamatory material once actual knowledge or constructive knowledge has been made out."
The judge concluded that referring to the teacher as a pedophile was one of the most damaging statements a person can make about someone in the profession. He concluded, "the identity of Mr. Pritchard is especially relevant in this case. Through his engagement in extra-curricular activities, he occupies a position of trust as a music teacher for children. Through hard work and dedication to his students, he had earned the community's respect and admiration, as clearly established on the evidence. I find that he now faces the challenge of repairing the damage Ms. Van Nes has caused, if that is even possible at this point."
As you can see, posting disparaging comments on Facebook can be a risky business. Not only will you be responsible for your comments, but you may also be responsible for those made by others. If you do post something controversial, make sure you monitor the comments. If someone posts something defamatory, and you leave it, you could be liable. Who knew owning a Facebook page could be so costly?
This article is presented for informational purposes only. The content does not constitute legal advice or solicitation and does not create a solicitor-client relationship (this means that I am not your lawyer until we both agree that I am). If you are seeking advice on specific matters, please contact Philippe Richer at 204.925.1900. We cannot consider any unsolicited information sent to the author as solicitor-client privileged (this means confidential).
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