Free speech and defamation law in Canada Law Research Paper

Free Speech and Defamation Law in Canada
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Free Speech and Defamation Law in Canada
Introduction
Free speech is one of the fundamental rights in Canada, protected under Section 2 of the Canadian Charter of Rights and Freedoms. There are provisions to safeguard people's "freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication" (Constitution Act, 1982: Canadian Charter of Rights and Freedoms, Section 2). These rights are not absolute whenever the reputation and dignity of another person are infringed. There are particular cases where people express themselves and get charged against hate speech, obscene material, and perjury. This means that the freedom of expression is subject to certain limits outlined within the law as is expected in a just and democratic society. While some of the crimes are categorized are constitutional, there certain limits where cases free expression is not related to restrictions within the constitution. These exclusion include the tort of defamation. The purpose of the essay is to define defamation and its two primary branches. We will further explain whether defamation law should exist or whether free speech should prevail and discuss the tension between free speech and defamation law.
Defamation Law
Defamation law covers forms of communication that damage the reputation or self-esteem of others. Defamation is "harming another person's reputation by making a false written or oral statement about that person to a third party" (Canadian Journalists for Free Expression, 2015). The legal suits in defamation law are based on whether statements made against a person as false or true. When there is proof that statements made were false, the courts will presume that damages were suffered. There are conflicts within defamation law between preserving free speech and protecting the reputation of people. When people make defamatory statements, the plaintiff can file a case and seek justice based on the law.
In Canada, there are certain instances when factual statements can be defamatory, especially when they relate to the dignity and self-esteem of the person. In order to qualify for defamation, the statements must be made to another person, or in public to constitute defamation under the common law. These provisions are important because they provide a sound basis for filing a defamation lawsuit. Another important consideration about defamation law in Canada is that it varies across the provinces.
Branches of Defamation Law
There are two main branches under the defamation law, libel and slander. The differences are based on the nature of remarks made toward the person whose reputation is damaged. Libel refers to a form of defamation that has a permanent record, either through written document, email, radio or television broadcast, newspaper story, or website posting. Libel may also include posts on social media platforms such as Facebook and Twitter (Black, Gratton, & Adjei, 2020). Additionally, Libel lawsuits include slander posted in the form of pictures. On the other hand, slander refers to a form of defamation that do...