Can I be sued for my comments on social media? The answer to this question depends on the circumstances. A recent decision from the Quebec Court of Appeal reminds us of this.
This decision involved a dispute between two people over the architecture of a building. One of them claimed that the other had falsely led people to believe that she was the real architect of the restoration of an ancestral home, which was not the case.
The chicane in question quickly got out of control. In her discussion forum, a social media, the person who believed that she was being deprived of her job, by mentioning her name, clearly indicated that the latter was a fraudster, that she was not competent and that she was lying to her customers that she had cheated elsewhere. She added on her social media that this behavior was abhorrent and even encouraged the use of collective action. Netizens' comments were literally mixed up. We then spoke of “an unscrupulous person, with no respect for the work of others, a despicable person, anything but professional, a person whose actions are shameful, one of the readers who even goes so far as to call him a cow”.
What does the Quebec Court of Appeal say about these comments?
First of all, it is important to remember that everyone has the right to respect for their privacy and private life when participating in social media. But this right has limits. If a person uses social media to take revenge through defamatory comments that are likely to damage the reputation of others, he or she can, as in the present case, be successfully sued on behalf of the defamed person.
Certain principles apply to a lawsuit for damage to reputation due to defamatory statements, particularly on social media.
First of all, it must be remembered that everyone has the right to the protection of their dignity, honor and reputation.
Second, in order for a court to rule in favor of a person complaining about defamation of reputation, it must prove that the controversial comments, here those posted on social media, are defamatory.
By defamation we generally mean “the communication of words or writings that cause someone to lose esteem or consideration or that, in turn, arouse negative or unpleasant feelings towards him.” (Chiara v. Vigile Québec, 2016 QCCS 5167).
Beware of another person's reputation
In general, courts will ask the following question: Would an ordinary citizen consider that the statements made, taken as a whole, brought another person's reputation into disrepute?
In our case, the court concluded that the comments made on social media against a person, even if he had monopolized his work, would lead the ordinary citizen to believe that they discredited the reputation of the target and the comments would bring were defamatory.
Attacking someone on social media, especially attacking their reputation, can ultimately land you straight in court. Publishing our comments on a social network does not constitute a guarantee of protection, quite the opposite. The perpetrator of damage to reputation can be prosecuted and, if necessary, ordered to pay compensation, in particular compensatory damages.
I Bernard Cliche, distinguished lawyer
Beauvais Truchon Lawyers