Defamation, Libel and Slander Defined

First, let’s explain what these three terms mean in Canada, and in general.

Defamation refers to harming another person’s reputation by making a false written or oral statement about that person to a third party.

Libel is defamation with a permanent record, such as an email, a radio or TV broadcast, a newspaper, a website posting, etc.

Slander is defamation with no permanent record, such as a spoken statement.

To learn more about each of these terms, visit this reference site.

Damages caused by online defamation can
result in:

• Loss of job
• Loss of reputation
• Humiliation
• Mental anguish

It matters what people find when they look for you online.

Remember, your online reputation only consists of what’s out there.

Business owners should always protect their company’s social media profiles from abuse and issues relating to potential defamatory instances in the workplace by providing proper social media training. They should also be aware of what customers are posting about them on review websites and address all comments made about their business in a professional and positive manner.

Reputation is everything.

• 73% of Canadians spend at least 3-4 hours online per day.
• 1 in 8 Canadians spend more than eight hours a day online.
• 46% of Canadians made a purchase from their mobile devices.
• 64% of Canadians prefer making online purchases from a Canadian retailer.
• Only 15% of Canadians report being off the grid for a week or more

During those hours, their opinions are being influenced by what they discover on the internet.  

A positive online reputation can be the difference between a business owner’s success or failure. At the same time, search algorithms prioritize popularity, not accuracy, so your negative content is at risk of showing up on the first page of Google results.

What is Online Reputation Management (ORM) and why do you need it?

Fortunately, there are a number of strategies ORM experts can implement to turn your negative content, positive. Similar to SEO (search engine optimization), which uses techniques to make your brand or image stand out on web search engines, they can also help you suppress and remove negative content. Simply put, the more positive, high-quality content that is created, the more likely it will rank above the negative content, thus, making it less noticeable to searchers.

Managing Your Online Reputation in Canada

How does online reputation management in Canada differ from other countries?  

For one, the European Union (EU) enacted “the right to be forgotten” privacy law in 2014 which allowed people living in the EU to request removal of Google search results that were deemed no longer relevant or inadequate.  While the law does not result in total link removal of the content, it does make it harder to find since more people use search engines to find information online.  

The introduction of the right to be forgotten policy was a score in the win column for the citizens of the EU; however, here in Canada there are no immediate plans to enact similar laws.  Instead, online defamation cases are dealt with through a common-law action for libel. 

For instance, a Canadian can request defamatory content be removed through an injunction issued by the courts, but even this remedy can be difficult to obtain. Canadian courts deal with a number of challenges when presented with online defamation cases, such as establishing who the original publisher was and whether the content posted on the internet are capable of defamatory meaning.  

Sometimes, defamation cases in Canada can constitute a criminal offense under section 298 of the Criminal Code.  In the case of R vs. Simoes, a customer posted negative reviews about an Ottawa restaurant and in retaliation, the owner began to harass the customer using fales profiles of the diner and also sent lewd emails to the customer’s employer. That same restaurant owner was convicted of defamatory libel by the Ontario Court, and was sentenced to subsequent jail time.

For Canadians who are looking to protect their online reputation, there are also attack websites to beware of.  In the case of A.T. v. Globe24H.com, the website published thousands of Canadian judicial decisions, made them searchable on Google and then demanded fees for the removal of names.  Friends, colleagues and family members could now search for this negative information about the victim at their fingertips.  There are plenty of attack websites that still publish defamatory content about citizens online.  These types of websites can be detrimental to you, your career and/or business. 

What does the best ORM plan look like?

Know What You’re Monitoring

Popular industry keywords

It is important to keep track of what people are saying in your industry.. For example, Left Field would want to track industry keywords like Toronto brewery, craft beer, Toronto microbrews or best Toronto beers.

Monitor your social media accounts and blog

Checking your social media accounts is a must for monitoring your online reputation. You should try to post every day to keep up with engagement and respond to both the positive and negative comments and mentions of your business. Creating a business blog is another great way to contribute your knowledge about your industry and keep customers informed.

Track your competitors

Analyzing your competition can provide valuable insight as to how your business stacks up against similar businesses. A simple Google search of those competitor’s names from time to time will keep you apprised of what others are saying.

Ask your customers

Look no further than your current social media followers or customers to help you monitor your online reputation. You could even conduct an online survey or poll to get a sense of how they are experiencing your website and other online channels. Keep your polls short and not too frequent.