Newsletters

May 14, 2020

203

Defamation on Social Media: Be Careful What You Post Online!

Much of our communication with one another has been taking place on social media. Networks such as Facebook and Instagram provide an unbeatable platform for making ourselves heard. Think twice before you criticize or complain online because your rant on social media could make you liable for defamation.

In Ville de Longueuil c. Théodore, 2020 QCCS 1339, the Quebec Superior Court recently held that the right to express opinions is not unlimited. Mr. Théodore had written a series of Facebook posts about various City of Longueuil officials, including several police officers. He was complaining about corruption, criminality and incompetence of City officials.

He was ordered to immediately cease posting defamatory statements on Facebook and other social media, and to take down existing defamatory posts as well as the names and private contact information of City employees and representatives.

There are many other such judgments and “anonymity” does not protect you. RSS litigators obtained a court order forcing an Internet service provider to give the name and address of a user who was anonymously posting defamatory statements. This allowed us to institute injunction proceedings once the person was identified.

203

Authors

Martin Côté

Managing Partner

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