After having a bad experience with a retailer, Rita and Benoit vented their frustration on social networks, without even trying to contact the company to seek compensation. Was this the right thing to do? There's no clear answer to that question, but here's some food for thought.
Although freedom of expression is a fundamental concept in any democratic society, speaking out indiscriminately about a person, a professional, a business, etc., can have consequences, even if you think you're hiding behind your computer screen...
This famous freedom of expression, so frequently invoked by social media users, is not new. It can already be found in the 1789 Declaration of the Rights of Man and of the Citizen, an essential text of the French Revolution, article 11 of which states that "[...] every citizen may therefore speak, write and print freely, without being held accountable for the abuse of this freedom [...]". Over the years, the Declaration's main principles have been adopted by many countries. It was also the inspiration for the Universal Declaration of Human Rights adopted by the United Nations in 1948.
In Canada, freedom of expression is enshrined in the Canadian Charter of Rights and Freedoms, which states that "freedom of thought, belief, opinion and expression, including freedom of the press and other media of communication" is protected as a fundamental constitutional guarantee.
Do the "other means of communication" referred to in the Charter include social networks? According to Pierre Trudel, professor in the Faculty of Law at the Université de Montréal, activities on social networks do not fall within the legal framework guaranteeing freedom of expression.
What's more, there is currently no law or case law governing social networks. However, the media themselves have set a few guidelines.
On Facebook, certain content can be reported and deleted, including :
On Twitter, certain content can also be deleted, including :
Some of the content posted on social networks by other people could be harmful to you. For example, an ex-spouse or ex-business partner might post confidential information or photos about you without your permission, thereby damaging your reputation or revealing your private life.
People can also be bullied in various ways on social media, for example through identity theft, sharing of personal data, harassment and so on.
An individual may also make defamatory remarks about you. From a legal standpoint, defamation is a term used to describe comments that damage the honor of a natural or legal person. However, defamation can only be punished if it constitutes a fault and results in damages. The Supreme Court of Canada[1] has identified three situations in which the author of defamatory remarks may be held liable:
If you are the victim of intimidation, defamation or offensive or insulting comments on social networks, you should know that you have recourse. In civil court, you have the right to seek redress, and if necessary, criminal charges may also be laid. Keep all communications and screenshots as evidence, and contact your local police.
When you've had a bad experience with a company, professional or retailer, it can be tempting to report it on social networks. It's not necessarily wrong to express a critical point of view, but it's quite another matter if it's done with the intention of harming or scaring away customers. The key to avoiding trouble and possible legal action lies in nuancing and measuring what you say.
Of course, freedom of expression must be protected, as it is one of the cornerstones of any democratic society. But beware of social media excesses. A single publication can tarnish or even destroy a reputation. So think carefully before you click "publish".
[1] Prud'homme v. Rawdon (Municipality of) 2010 QCCA 584
