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Difference between revisions of "Defamation: Libel and Slander"

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{{Dial-A-Law Blurb}}
{{REVIEWEDPLS | reviewer = [https://www.ahbl.ca/people/lawyers/karen-zimmer/?hilite=%27karen%27 Karen Zimmer], Alexander Holburn Beaudin + Lang LLP|date= February 2018}} {{Dial-A-Law TOC|expanded = rights}}
 
{{Dial-A-Law TOC|expanded = rights}}
The law of defamation protects a person’s reputation from harm that is unjustified. Learn what kinds of communication are considered defamatory, as well as the defences to a defamation action.
The law of defamation protects a person’s reputation from harm that is unjustified. Learn what kinds of communication are considered defamatory, as well as the defences to a defamation action.


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If someone publishes a statement that violates your reasonable expectation of privacy, they may have breached your '''privacy rights''' under the BC ''[http://canlii.ca/t/849p Privacy Act]''.
If someone publishes a statement that violates your reasonable expectation of privacy, they may have breached your '''privacy rights''' under the BC ''[http://canlii.ca/t/849p Privacy Act]''.


If someone publishes a statement that discriminates against you or is likely to expose you to hatred, they may have violated your '''human rights'''. See our information on [[Human Rights and Discrimination Protection (Script 236)|human rights and discrimination protection (no. 236)]].  
If someone publishes a statement that discriminates against you or is likely to expose you to hatred, they may have violated your '''human rights'''. See our information on [[Human Rights and Discrimination Protection (No. 236)|human rights and discrimination protection (no. 236)]].  
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===What’s involved in suing someone for defamation?===
===What’s involved in suing someone for defamation?===
A defamation lawsuit in British Columbia must be brought in Supreme Court, not Provincial Court. It must be brought within two years of the defamation. This window of time is the '''limitation period'''. The clock starts running when the defamatory statement was made or published. To start the lawsuit, you must file documents in court and deliver them to (“serve” them on) the other party. For details, see our information on [[What is Small Claims Court? (Script 165)|starting a lawsuit (no. 165)]].  
A defamation lawsuit in British Columbia must be brought in Supreme Court, not Provincial Court. It must be brought within two years of the defamation. This window of time is the '''limitation period'''. The clock starts running when the defamatory statement was made or published. To start the lawsuit, you must file documents in court and deliver them to (“serve” them on) the other party. For details, see our information on [[Starting a Lawsuit (No. 165)|starting a lawsuit (no. 165)]].  


{| class="wikitable"
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|align="left"|'''Tip'''
|align="left"|'''Tip'''
Going to BC Supreme Court is expensive. Even if you win, you may spend more on legal fees than you get in damages. A court can award costs to the winner of a lawsuit, but costs cover only a small portion of your full legal costs. For alternatives to bringing a lawsuit, see our information on [[Resolving Disputes Without Going to Court (Script 429)|resolving disputes without going to court (no. 429)]].
Going to BC Supreme Court is expensive. Even if you win, you may spend more on legal fees than you get in damages. A court can award costs to the winner of a lawsuit, but costs cover only a small portion of your full legal costs. For alternatives to bringing a lawsuit, see our information on [[Resolving Disputes Without Going to Court (No. 429)|resolving disputes without going to court (no. 429)]].
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