The Government of Saskatchewan has introduced The Defamation Act, to modernize and simplify the province’s defamation laws. The new Act replaces the century-old Libel and Slander Act, which has been in place since 1909, to reflect today’s media landscape and ensure that the law effectively addresses online and digital communications.
“The way information is shared has changed dramatically since 1909,” Justice Minister and Attorney General Tim McLeod, K.C. said. “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. It strikes a balance between freedom of expression and the protection of reputation.”
Following an extensive consultation in March 2024, the Law Reform Commission of Saskatchewan released its final report calling for the reform and modernization of The Libel and Slander Act. As a result of their recommendations, The Defamation Act eliminates the outdated distinction between libel and slander and refers instead to ‘defamation,’ which encompasses both written and spoken statements that harm an individual’s reputation.
This legislation also:
Removes wording that refers specifically to ‘newspapers,’ so the law applies equally to all publishers, including digital and online media, not just traditional print outlets;
Authorizes the courts to make take-down and de-indexing orders against third parties when harmful online content continues to circulate after initial publication; and
Establishes a single cause of action for a publication and any later re-publications of the same material by the same publisher.
“The Defamation Act, represents a significant step forward in modernizing Saskatchewan’s legal framework,” Law Reform Commission Chair Michael Milani, K.C. said. “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.”
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