Today, our office accompanied a client to file a police report with an investigating officer after an individual posted a message on Facebook containing false allegations, insults, and public dissemination of information that damaged our client’s reputation and credibility.
Many people mistakenly believe that:
- “I can write whatever I want on my personal Facebook.”
- “It’s the truth, so it’s not a crime.”
- “I only shared it; I wasn’t the original poster.”
But in reality, posting a message that causes another person to lose their reputation, be insulted, or be hated by society may constitute the offense of defamation by publication under the Criminal Code, which carries penalties of both imprisonment and fines.
Importantly, the court will consider the “content” and the resulting “impact,” not merely the poster’s claim that they were just venting their emotions or expressing a personal opinion.
Before posting, you should ask yourself 3 questions:
- Does the message contain verifiable facts?
- Is there supporting evidence?
- If the situation were about us, would we accept it if someone posted the exact same thing?
In an era where a single post can be shared thousands of times within a few hours, taking just a few seconds to click ‘post’ can lead to a legal ordeal that takes several years to resolve.
Freedom of expression is a right, but it must be exercised within the boundaries of the law and with responsibility toward others.
