Civil remedies
We all have a responsibility to respect the rules of conduct in society so as not to cause harm to others. When we fail to do so, we are liable for the damage we cause to another person. You may therefore be ordered to repair the damage that has been caused. This is known as civil liability.
Please accept statistical cookies to view the videos
Accept cookies
Defamation: an example of a civil remedy
Cyberbullying can lead to civil remedies. In some cases, this is called defamation.
What is defamation?
These are writings, words, actions, or images that harm a person’s reputation and are done/shared maliciously or negligently. The statements can be direct or implied. Even if true, they can still be considered defamation.
What does it look like?
- Spreading lies on social media;
- Destroying someone’s reputation online maliciously;
- Making negative comments without valid reasons or starting a rumor even if the facts are true!
What can be done?
If you are a victim of defamation or have suffered other damages related to cyberbullying (e.g., school absences, concentration issues, group exclusion), you can initiate a civil liability remedy to stop the behavior and receive compensation. Note, you have one year to initiate a remedy in the context of defamation and three years for other cases. The police will not be involved as this is a civil remedy.
How do I take civil action?
1. Send a formal notice
This is a letter sent to the person you are in conflict with to inform them of your intention to take legal action if the behavior continues and to request reparation if needed.
2. File a case in court
If the formal notice does not work, the next step is to have your case heard in court. Each party will present their version of the facts, and a judge will make a decision. If you are a minor, you must be accompanied by an adult in this process. A lawyer can also offer assistance if needed.
Did you know?
Before initiating a civil remedy, it’s important to know that the law requires you to consider other possible means to resolve a conflict. Mediation is one example. Centres de Justice de Proximité are organizations that offer free legal information. If you want to learn about your rights or need help to understand the situation, don’t hesitate to contact them!
Other contents of the Anti-troll Kit
Resources to help you
Need to talk to someone? Discover organizations that can support you. Their goal is the same: to listen to you and provide advice for your problematic situation.