A new study by a Canadian law professor analysed reported Canadian defamation lawsuit decisions between 1973-1983 and between 2003-2013.
The results of the study revealed some interesting trends, including:
- in cases between 1973 and 1983, 53% of claims were successful. However, in cases between 2003-13, only 28% claims were successful. The study’s author suggests various theories for the decline in the success rate, including that courts are seeking to give greater protection to freedom of expression;
- during the 2003-13 period, plaintiffs were far more successful in cases involving “new media” (email or internet), with a 62% success rate (more than double the success rate for cases between 2003-13 considered as a whole). The study’s author suggests that the difference may be explained by the fact “new media” communications are less likely to be vetted and edited than publications in “old” media, and there may be better evidence of “new media” defamation compared to “old” media publications, such as slander (which is spoken or transitory);
- damages awards in the successful 2003-13 cases (adjusted for inflation) have more than doubled from the 1973-83 decisions.
The study, “The Canadian Defamation Action: An Empirical Study” by Hilary Young, is available here.
Please contact us if you require advice on defamation issues, including internet defamation.
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