Reputation Can Be Everything

• Published date: 02 March 2021
• Subject Matter: Litigation, Mediation & Arbitration, Trials & Appeals & Compensation, Libel & Defamation
• Law Firm: Gardiner Roberts LLP
• Author: Mr Stephen Thiele

The tort of defamation is all about the protection of a person's reputation. Where a person suffers a loss of reputation because of words spoken or published about them to others, a cause of action for damages arises. But what if the person allegedly defamed already has a poor reputation? How will this impact their case?

Two recent decisions demonstrate that the prior existence of a bad reputation can negatively impact a claimant, particularly under anti-SLAPP legislation.

In Rebel News Network Ltd. v. Al Jazeera Media Network, 2021 ONSC 1035, the plaintiff online news outlet sought damages for defamation stemming from an internet article and YouTube video that contained alleged defamatory comments about the plaintiff. In the article, the defendant stated that the plaintiff was "connected to violent acts; acts like the Finsbury Park Mosque attack in London, the Quebec City mosque shooting, and in Fredericton, New Brunswick, the murder of two police officers. In all three instances, the men involved watched the Rebel Media and had become convinced Muslims were invading their countries".

The YouTube video essentially accused the plaintiff of driving some of its viewers to acts of violence and that "The Ottawa Police have filed a criminal complaint alleging that Rebel Media had breached a section of the Canadian Criminal Code by wilfully promoting hatred of the Muslim community."

In response to Notices of Libel delivered by the plaintiff, the defendant published corrections concerning men who watched Rebel News and that rather than filing a complaint, the Ottawa Police had received a complaint.

In Levant v. Demelle, 2021 ONSC 1074, the online news outlet and its founder, Ezra Levant, sought damages in connection with an alleged defamatory article written and published by the defendant on his website, which was devoted to issues such as climate change and the environment. The original article made certain personal accusations against Mr. Levant, which were later corrected, including that he was a climate denier and linking Mr. Levant and Rebel Media to "laudatory coverage" of a deadly Unite the Right rally in Virginia.

The defendants in both actions sought to dismiss the respective claims against them under s. 137.1 of the Courts of Justice Act (the "CJA") and contended that the actions did not have substantial merit because the plaintiffs already had poor reputations at the time the alleged defamatory words were published.

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