According to a Nov. 4 news release, the province’s government has introduced the Defamation Act, which would replace the “century-old” Libel and Slander Act — laws that have been in place since 1909.
The proposed change comes after the release of a report from the Law Reform Commission of Saskatchewan calling for the modernization of the legislation.
A key change would be eliminating the distinction between libel and slander. Instead, the legislation would simply refer to the offence of “defamation,” which would “encompass both written and spoken statements that harm an individual’s reputation.”
Libel offences are those in writing or published content, while slander involves those made verbally.
A government spokesperson confirmed that most Canadian provinces have “have abolished the common law distinction between libel and slander in their legislation” and now refer to both simply as defamation.
“Defamation includes both libel and slander and means the act of harming the reputation of another person to a third party or a false written or oral statement that damages another’s reputation,” they told Law360 Canada.
Saskatchewan Justice Minister and Attorney General Tim McLeod said these amendments are needed because “the way information is shared has changed dramatically since 1909.”
“This new Act ensures that the rights of Saskatchewan people are secure and protected in the digital age, whether speech occurs in print, in broadcast, or online,” said McLeod in a statement. “It strikes a balance between freedom of expression and the protection of reputation.”
The new legislation would also:
- Remove wording that refers specifically to “newspapers,” thus having the law apply equally to all publishers, including those in digital and online media.
- Authorize courts to issue “take-down” and “de-indexing” orders against third parties in a bid to address harmful online content that continues to circulate after initial publication.
- Establish a “single cause of action” for the publication and any later republication “of the same material by the same publisher.”
Law Reform Commission of Saskatchewan chair Michael Milani said the proposed legislation “represents a significant step forward in modernizing Saskatchewan's legal framework.”
In a statement, Milani went on to talk about the law commission’s report on the matter.
“The commission’s recommendations were guided by the need to protect the reputational rights of individuals, provide clarity and fairness, and ensure that our laws reflect the realities of today’s communication environment,” he said.
The law commission is responsible for reviewing and improving the province’s laws in a bid to make them clear and keep them current.
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