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加拿大的情況如下 僅供參考
What is defamation?
Defamation is false communication about a person that tends to hurts the person's reputation. The communication must be made to other people, not just to the person it's about. It can be spoken or written, or it can be a gesture.
The law protects your reputation against defamation. If someone defames you, you can sue the person for money to compensate you for your damaged reputation. You have to sue in Supreme Court, not Provincial Court - refer to English language script 432, called 「Our Court System and Solving Disputes.」 You don』t have to prove that the people who heard or read the defamation actually believed it. Even if they knew it was false, it can still be defamation. Courts realize that lies can take on a life of their own.
The law doesn't protect you from a personal insult or a remark that injures only your pride; it protects reputation, not feelings. So if someone calls you a lazy slob, you might be hurt, but you probably don't have a good reason to sue. If he goes on to say you cheat in your business dealings, you probably do have a good reason to sue, as long as he says it to someone else, not just to you. If he says it only to you, you can't sue because he has not hurt your reputation.
Defamation can be a crime under the Criminal Code, but only rarely. This script is about law suits in civil defamation. If someone has defamed you, you may also be able to sue for a violation of your privacy under the provincial Privacy Act. Further, section 7 of the BC Human Rights Code prohibits another type of defamation, namely, a discriminatory publication. For more information on that, contact the BC Human Rights Tribunal at 604.775.2000 in Vancouver and 1.888.440.8844 elsewhere in BC. Or see its website at www.bchrt.bc.ca. Also, refer to English language script 236.
What is libel?
Libel is the type of defamation with a permanent record, like a newspaper, a letter, an e-mail, a picture, or a radio or TV broadcast. If you can prove that someone libeled you, and that person does not have a good defence (see the section on defences below), then a court will presume that you suffered damages and award you money to compensate for your damaged reputation. But going to Supreme Court is expensive and even if you win, you may not get as much as it costs you to sue. In deciding on assumed damages, the Court will consider your position in the community. For example, if you are a professional, damages may be higher.
What is slander?
Slander is the type of defamation with no permanent record. Normally it's a spoken statement. It can also be a hand gesture or something similar. The law treats slander differently than libel: with slander, you have to prove you suffered damages, in the form of financial loss, to get compensation. But with libel, the law presumes you suffered damages. For example, say that Bill told John you were a cheat, and then John refused to do business with you because of that. You sue Bill and prove that you lost business with John because of what Bill said. Bill would have to compensate you for the loss of John's business, but not for the general damage to your reputation. It can be very difficult to prove this sort of financial loss. That's why most slander cases never go to court.
But in the following four examples, a slander lawsuit may succeed without you proving financial loss. Even though there's no permanent record of the slander, the law will presume damages, as if there were libel, if someone:
accuses you of a crime (unless they made the accusation to the police)
accuses you of having a contagious disease
makes negative remarks about you in your trade or business
accuses you of adultery
What about the right to free speech?
The law protects a person's reputation but this protection can restrict other rights, such as the right to free speech. The law tries to balance these competing interests. Sometimes, even though someone made a defamatory statement that hurt a person's reputation, the law considers other interests more important. The law allows the following defences for a person who makes a defamatory statement.
What are the defences to a defamation lawsuit?
If someone sues for defamation, the most common defences are:
truth (known in law as "justification")
absolute privilege
qualified privilege
fair comment
1. Truth or justification
A statement may hurt your reputation, but if it is true, anyone who says it has a valid defence if you sue them for defamation.
2. Absolute privilege
There are two main examples of this defence: statements made as evidence at a trial, and statements made in Parliament. This defence also allows the fair and accurate reporting of those statements in the media, such as newspaper reports of a trial. People must be able to speak freely in our justice and political systems without worrying about being sued.
3. Qualified privilege
Say a former employee of yours gave your name to an employer as a reference and that employer calls you for a reference. You say, "Well, frankly, I found that that employee caused morale problems." As long as you act in good faith and without malice, the defense of qualified privilege protects you if the former employee sues you for defamation. You gave your honest opinion and the caller had a legitimate interest in hearing it.
4. Fair comment
We all are free to comment – even harshly – about issues of public interest, as long as our comments are honest, based on fact, and not malicious. For example, a newspaper columnist may write that a Member of Parliament (an MP) says he supports equality and equal rights, but he opposes same-sex marriages. The columnist writes that the MP is hypocritical. If the MP sues the columnist for defamation, the columnist has the defence of fair comment.
Media articles that accurately report what was said at public meetings are also privileged, unless the meeting was not of public concern and the report was not for public benefit.
What effect does an apology have?
A newspaper or a TV or radio station that publishes or broadcasts a libel can limit the amount of the damages they may have to pay by publishing or broadcasting an apology right away.
Summary
The law of defamation protects your reputation against false statements. If a person makes a false statement to someone and it hurts your reputation, you can sue the person who made the false statement for damages. But because of other competing rights in our society, such as free speech and fair comment, you will not always win. |
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