Sask. government introduces legislation to update and simplify century-old defamation laws

The Government of Saskatchewan wants to modernize and simplify the province’s defamation laws.

The provincial government introduced The Defamation Act this week in an effort to bring the legislation into line with modern standards.

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“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 Saskatchewan Ministry of Justice said in a statement.

Justice Minister and Attorney General Tim McLeod said the way information is shared has “dramatically” changed since 1909.

“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,” McLeod said in a statement.

As a result of the Law Reform Commission of Saskatchewan releasing its final report calling for the reform and modernization of The Libel and Slander Act, The Defamation Act gets rid of the “outdated distinction between libel and slander and refers instead to ‘defamation,’ which encompasses both written and spoken statements that harm an individual’s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,” noted the ministry.

The legislation has been updated to remove wording referring to “newspapers,” so the law includes all publishers, including digital and online media, not just traditional print outlets.

The amended legislation also authorizes courts to make “take-down and de-indexing orders against third parties when harmful online content continues to circulate after initial publication,” noted the ministry.

In addition, the legislation establishes “a single cause of action for a publication and any later re-publications of the same material by the same publisher.”

Law Reform Commission chair Michael Milani said he’s pleased with the “significant step forward in modernizing Saskatchewan’s legal framework.”

“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,” Milani said.

The Law Reform Commission is responsible for reviewing and improving the province’s laws to make them clearer and up to date.

Read more: 

• After Throne Speech, Moe breaks down plans for new legislation on Evan Bray Show
• City of Regina opts into Saskatchewan’s Safe Public Spaces Act
• First look at budget disappoints Sask. producers association, business expert