Defamation Notice Requirements: What You Must Know In Ontario

Before you can sue someone for defamation in Ontario, Section 5 of the Libel and Slander Act requires you to give them formal written notice. 

This isn’t just a courtesy letter: it’s a mandatory legal prerequisite. Skip it or do it wrong, and courts will dismiss your case regardless of merit.

The Libel and Slander Act is Ontario legislation that governs defamation claims. 

Section 5 of the Act creates a mandatory notice requirement that plaintiffs must follow before starting defamation lawsuits against certain defendants.

The statutory language states: “No action for libel in a newspaper or in a broadcast lies unless the plaintiff has, within six weeks after the alleged libel has come to the plaintiff’s knowledge, given to the defendant notice in writing, specifying the matter complained of.”

What this means in plain language:

• You cannot sue for defamation until you’ve given written notice
• Notice must be sent within six weeks of learning about the defamation
• The notice must specify what defamatory statements you’re complaining about
• After giving notice, you must wait six weeks before filing your lawsuit

The Libel and Slander Act notice serves specific legal purposes:

Encourage early resolution: Give defendants a chance to retract false statements, publish corrections, or settle disputes before expensive litigation begins.

Protect media freedom: The requirement acknowledges that media defendants need opportunity to investigate allegations and respond appropriately before being sued.

Provide fair warning: Defendants receive specific notice of what statements are considered defamatory and why, allowing them to prepare defenses or remediate harm.

The Act balances protecting reputations against preserving freedom of expression and press freedom.

Section 5 of the Act specifically applies to:

Newspapers: Any publication that meets the statutory definition of “newspaper” under the Act, including traditional print newspapers, their online versions, and regular periodical publications.

Broadcasters: Radio and television stations that broadcast defamatory content. This includes news broadcasts, talk shows, and other programming.

Modern media: Courts have extended the requirement to online news websites and digital media outlets that function similarly to traditional newspapers and broadcasters.

The Libel and Slander Act doesn’t provide detailed requirements for notice content, but case law has established what courts expect:

1. Identify the defamatory matter specifically

Quote the exact words, sentences, or passages you claim are false and defamatory. The Act says you must “specify the matter complained of”—vague references or general complaints don’t satisfy this requirement.

2. State where the defamation was published

Identify the publication name, date, edition, page number, or broadcast time. For online content, provide the URL, publication date, and ideally screenshots or archives.

3. Explain how the statement refers to you

If you’re not named directly, explain why readers would understand the statement refers to you.

4. Send it within six weeks

The six-week deadline runs from when you first became aware (or reasonably should have become aware) of the defamatory publication. This deadline is strictly enforced.

After serving your Section 5 notice, the Act requires you to wait six weeks before commencing your defamation action. This cooling-off period is mandatory.

What typically happens during the six weeks:

Defendants may publish retractions or corrections, offer apologies or settlement, prepare their legal defense, or do nothing. Some disputes resolve during this period. Others proceed to litigation after the six weeks expire.

Failing to comply with the Libel and Slander Act’s notice requirement is likely fatal to your case.

This isn’t just a procedural technicality courts overlook. The notice requirement is a statutory prerequisite.

The Act doesn’t specify how to serve notice, but proper service is critical.

Recommended service methods:

Personal service: Physically deliver the notice to the defendant’s registered office or principal place of business. Most reliable method with clear proof of delivery.

Registered mail: Send by registered mail requiring signature, keeping delivery confirmation as proof.

Courier with tracking: Use FedEx, Purolator, or similar services that provide delivery confirmation and signature.

Our civil litigation lawyers handle defamation claims, ensure statutory compliance, and defend media clients against defamation lawsuits. Contact us at 416.901.9984 or info@pintoshekib.ca for guidance on your specific situation.