Sask. begins to enforce new defamation laws

“With the legislation now in force, courts have clearer tools to address harmful online content while maintaining the balance between freedom of expression and the protection of reputation,” said Justice Minister Tim McLeod. Photo taken on Monday, May 27, 2024. (THE CANADIAN PRESS/Sean Kilpatrick)

Saskatchewan is modernizing its defamation laws to adapt to the digital age.

On Thursday, the province announced the commencement of The Defamation Act, which seeks to provide residents with “enhanced protections” against online misinformation.

The act serves to replace the Libel and Slander Act, which has been in place since 1909.

“The Defamation Act provides Saskatchewan with a modern legal framework that reflects today’s communications environment,” said Justice Minister and Attorney General Tim McLeod, K.C. in a news release.

“With the legislation now in force, courts have clearer tools to address harmful online content while maintaining the balance between freedom of expression and the protection of reputation.”

Additionally, the province says the act reduces red tape for newspapers across Saskatchewan.

Newspaper publishers will no longer be required to make filings with the Registrar of Corporations under the Libel and Slander Act, and the register of newspapers will be decommissioned.

The province states this ensures that all forms of media — including broadcast, online and newspapers — are treated equally under law.

The Defamation Act achieves this by removing wording that refers specifically to “newspapers”.

The act also authorizes courts to make take-down and de-indexing orders against third parties when “harmful online content” continues to circulate after its initial publication.

Lastly, the act establishes a single cause of action for a publication and any subsequent republications of the same material by the same publisher.

After conducting consultation in March 2025, the Law Reform Commission of Saskatchewan released its final report calling for the reform and modernization of the Libel and Slander Act.

Among the report’s recommendations was the elimination of the outdated distinction between libel and slander — referring instead to defamation which encompasses both written and spoken statements that harm an individual’s reputation.