Speak Up, Stay Safe: What Counts as Defamation in Canada
In recent years, many Palestinians and allies in Canada have found themselves targeted by calculated efforts to destroy their reputations. Activists are labeled extremists. Scholars are accused of antisemitism without cause. Professionals are smeared in emails to employers. These tactics are meant to isolate, intimidate, and silence.
Under Canadian law, if someone publishes false and damaging claims about you, that can amount to defamation. You have the right to seek legal action in civil court. In this post, we explain what defamation means in Canadian law, how to recognize it, and what you need to prove if you’ve been targeted.
What Defamation Really Means
Defamation is when someone spreads false statements that would lower your reputation in the eyes of a reasonable person. It can be written (libel)—like an online article or Twitter post—or spoken (slander)—like a speech, recording, or comment in a meeting. If someone publishes something to at least one other person that would tend to damage how others see you, that can be defamation.
You don’t have to prove they intended to harm you. You don’t even need to show financial loss. The law recognizes that your reputation—especially in professional, academic, or activist circles—has value on its own.
To bring a claim, you must prove three things:
The statement would tend to lower your reputation in the eyes of a reasonable person.
It referred to you, either directly or in a way that people could reasonably recognize.
It was communicated to at least one other person.
Once those points are met, the burden shifts to the person who made the statement. They have to prove that what they said was legally defensible. If a statement is true, it might be protected by legal defences. We talk about those defences in another post.
Why This Matters
People defamed for speaking up for Palestine often face serious consequences—job loss, visa problems, mental health strain, and isolation. But many don’t consider legal action, either because they feel overwhelmed or because they assume the law won’t protect them. It can. Defamation law exists to protect your reputation, and it applies even when your advocacy is political, unpopular, or inconvenient to power.
At the same time, we all have a responsibility to speak carefully and truthfully. Advocacy doesn’t require exaggeration, and it shouldn’t involve personal attacks. The same laws that protect you from being defamed also apply to what you say about others. Knowing where the legal lines are makes it easier to speak with clarity, confidence, and integrity.
How Can You Avoid Defaming Others?
Stick to facts — only say what you know to be true and can prove.
Label opinions clearly — don’t present opinions as facts.
Be cautious with reposts — sharing someone else’s defamatory statement can still make you liable.
What Can You Do If You’ve Been Defamed?
Save everything — screenshots, URLs, timestamps.
Write down what happened — include dates, names, and impact.
Document the harm — job loss, emotional distress, safety concerns.
Get legal advice early — your legal options are most effective when pursued in a timely manner, so reach out to LCP or a trusted lawyer as soon as possible.
The Legal Centre for Palestine is here to support you if you’ve been defamed, doxxed, or targeted for speaking up. We understand how reputational attacks are used to silence Palestinians and allies—and we take them seriously. Whether you need help understanding your legal options, preparing evidence, or finding a lawyer who gets what you’re up against, LCP can guide you through it. You don’t have to face this alone.
Please read Part II: Legal Defences to Defamation Action to understand what defences apply when someone is accused of defamatory conduct in court.
