Can I sue for my comments on social media?

Can I sue for my comments on social media? The answer to this question depends on the circumstances. A recent decision by the Quebec Court of Appeal reminds us of this.

In this decision, there was a dispute between two people regarding the construction of a building. One of them claimed that she was the real architect for the restoration of the ancestral home, while the other mistakenly made people believe, which was not the case.

The chicane in question quickly got out of hand. On her forum, social media, the person she believed plagiarized her work clearly indicated by naming her, that the latter was a fraud, that she was not competent and was lying to her clients that she had cheated elsewhere. She still says on her social media that this behavior is abhorrent and even encourages the use of collective action. Internet users' comments literally went wild. We then spoke of “an unscrupulous man, without respect for the work of others, an abominable man, anything but professional, whose actions are disgraceful, calling one of the readers a cow.”

What does the Quebec Court of Appeal say about these comments?

When participating in social media, the first thing to remember is that everyone has the right to respect their privacy and personal life. But this right has limitations. If a person uses social media to retaliate by using defamatory comments that are likely to damage the reputation of others, then they can successfully sue the defamer.

Certain principles apply in the case of an action for damage to reputation, particularly for defamatory comments made on social media.

First of all, it should be remembered that everyone has the right to protect their honor, dignity and reputation.

Second, in order for a court to find in favor of a person complaining of damage to their reputation, the impugned comments, here, published on social media, must be proven to be defamatory.

We define defamation as “the communication of words or writings which cause someone to lose their respect or regard, or again to arouse unfavorable or unpleasant feelings towards them.” (Chiara vs. Vigilance Quebec2016 QCCS 5167).

Be careful about another person's reputation

Generally speaking, courts ask themselves the following question: Would the comments made by an ordinary citizen, taken as a whole, be considered defamatory of another person's reputation?

In our case, the court held that even if a person has monopolized his work, the comments made on social media against him would lead an ordinary citizen to believe that the reputation of the intended person would be defamed. are defamatory.

Ultimately, attacking someone on social media, especially if you attack their reputation, can land you directly in court. Publishing our comments on a social network is not a guarantee of protection, on the contrary. Therefore, an author who has caused damage to reputation can be prosecuted and, where appropriate, ordered to pay, especially moral damages.

I am Bernard Klich, a distinguished lawyer

Beauvais Truchon Lawyers