Saskatchewan's new Defamation Act replaces 1909 libel law

Saskatchewan’s new Defamation Act took effect Oct. 1, replacing the Libel and Slander Act, which dated from 1909, the provincial government said in a news release.

The government says the law is meant to bring defamation rules in line with current media and to cover online and digital communications.

Under the Act, courts can order third parties to take down or de-index harmful online content that keeps circulating after it was first published. The Act also drops references to “newspapers,” so the law reaches every publisher, including digital and online outlets. A publication and any later republication of identical material by the same publisher fall under a single cause of action.

Justice Minister and Attorney General Tim McLeod, K.C., said courts now have “clearer tools to address harmful online content.”

The release says the Act cuts paperwork for newspapers. The register of newspapers will be wound down, and newspaper publishers no longer file with the Registrar of Corporations. The government says newspapers, broadcasters and online outlets will be treated equally.

The Act ends the old split between libel and slander, using one term, defamation, for written and spoken statements that harm a person’s reputation. It follows a March 2024 consultation and a final report from the Law Reform Commission of Saskatchewan. Commission Chair Michael Milani, K.C., said the Act carries out key recommendations aimed at “protecting reputational rights” and keeping the province’s defamation laws effective.