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ARTICLE · 18 APRIL 2024

Liability For Defamatory Statements Reposted On Social Media

Miller Thomson
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Social media offers a platform for the sharing of information; however, the use of social media presents unique and significant legal challenges and potential liability...

CanadaLitigation, Mediation & Arbitration
Emma Johnston
Emma Johnston
Caitlin Smith
Caitlin Smith
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INTRODUCTION

Social media offers a platform for the sharing of information; however, the use of social media presents unique and significant legal challenges and potential liability, including the issues of jurisdiction and defamation.

In Durand v Higgins, 2024 ABKB 108 (“Durand”), the Alberta Court of King's Bench found an individual liable for defamation for reposting second and third-hand allegations on social media and awarded extensive damages, in the total amount of $1,500,000.00. This case is a reminder that online defamation attracts the same consequences as traditional forms, and illustrates how the Court addresses jurisdictional challenges in such cases.

FACTS

The plaintiff in Durand was a Québec-based electronic music artist who performed under the stage name “Snails.” An Instagram account titled “@evidenceagainstsnails” reposted and commented on second or third-hand allegations of sexual misconduct against the plaintiff, which were intended to

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