Defamatory Facebook Posts Can Be Costly

• Published date: 12 May 2023
• Law Firm: Gardiner Roberts LLP
• Author: Mr James R.G. Cook

Courts have recognized that defamatory statements published on social media or other forms of internet communication may lead to higher general damages awards than for defamatory statements published in a different medium. Once something is made available on the internet it may be available forever. The internet provides world-wide instantaneous access to any statement that is published on a public platform and it is difficult to remove such statements from the internet or control how they are disseminated. In addition, it is difficult to determine how many people have viewed, downloaded, or shared a defamatory statement published on the internet.

In Seafarers' International Union of Canada v. Mitchelitis, 2023 ONSC 2456 (CanLII), the Ontario Superior Court of Justice addressed the assessment of damages for defamatory Facebook postings.

The case arose out of the COVID-19 pandemic, when the Canadian government implemented various measures that included a requirement for federally-regulated transportation sector employers to establish vaccination policies for their employees.

The plaintiff labour union, SIU, represents unlicenced Canadian sailors working aboard vessels on the Great Lakes, the St. Lawrence River, and the east and west coasts. The SIU works closely with government officials, agencies, and departments at the provincial and federal levels with respect to issues that involve the safety, security, and stability of Canadian sailors.

The defendant was a former member of the SIU.

The SIU conducted a survey of its members about their attitudes toward a mandatory vaccination policy, which was sent to 1,474 members who had provided a current email address. The survey was completed and returned by 363 members, the results of which favoured a mandatory...