04/16/2026
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defamation
/ˌdefəˈmāSHən/
Defamation is the communication of false statements to third parties that injure a person's or entity’s reputation. It includes libel (written/published) and slander (spoken). Key elements typically include a false statement of fact, published with fault (negligence or malice). Truth is generally a complete defense.
LII | Legal Information Institute
LII | Legal Information Institute
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Key Aspects of Defamation Law
Libel vs. Slander: Libel is defined as defamation in written or recorded form, while slander is spoken.
Public vs. Private Figures: In the U.S., public officials or figures must prove "actual malice"—that the statement was made with knowledge of its falsity or reckless disregard for the truth.
Elements of a Claim: To win, plaintiffs usually must prove: (1) a false statement, (2) published to a third party, (3) causing damage to reputation, and (4) fault, often malice or negligence.
Defenses: Truth is a complete defense against defamation. Other defenses include opinion, absolute privilege (court testimony), or qualified privilege (e.g., in a performance review).
LII | Legal Information Institute
LII | Legal Information Institute
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Common Examples of Defamation
Falsely accusing someone of committing a crime.
Making false statements that harm a person’s professional reputation or business integrity.
Publishing false or misleading photos or information on social media.
PBS
PBS
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Legal Context
Defamation laws vary by jurisdiction, with some jurisdictions allowing for both civil lawsuits and, in certain cases, criminal charges. In France, for example, cases can involve fines for spreading false information, as seen in recent media disputes.
Service Public
Service Public
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In Alberta, gestures can be considered defamatory if they communicate a false meaning that harms a person's reputation. While most defamation cases involve written or spoken words, the law recognizes that "visible matters or acts"—including hand gestures—can lower a person's standing in the eyes of a reasonable observer.
Ta**us Law
Ta**us Law
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Can Gestures Be Defamatory in Alberta?
Yes, under Alberta law, gestures are a form of slander because they are non-permanent communications.
Ta**us Law
Ta**us Law
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Definition of Defamatory Act: Any act or gesture that tends to lower a person's reputation or causes them to be "shunned or avoided" may be actionable.
Forum Law
Forum Law
Imputing a Condition: A statement or gesture can be defamatory if it imputes a condition (such as insanity or mental illness) that diminishes the respect and confidence others have in that person.
Forum Law
Forum Law
Context Matters: Whether a specific gesture (like circling a finger near the ear to indicate "crazy") is defamatory depends on the situation, the audience, and the manner in which it was presented.
Community Legal Information Centre (CLIC)
Community Legal Information Centre (CLIC)
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Proving Defamation by Gesture
To succeed in a claim in Alberta, the plaintiff must typically prove:
Defamatory Meaning: The gesture would lead a "reasonable person" to think less of the victim.
vLex
vLex
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Reference to Plaintiff: The gesture clearly referred to the specific individual.
vLex
vLex
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Publication: The gesture was seen by at least one third party other than the person being gestured at.
vLex
vLex
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Financial Loss (Special Damages): Because gestures are considered slander (rather than libel), the plaintiff often must prove they suffered actual financial loss as a result, unless the gesture falls into specific "slander per se" categories (like those affecting professional reputation).
Ta**us Law
Ta**us Law
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Related Legal Considerations
Harassment: In Alberta, repeated "objectionable gestures" or insults can also be classified as harassment, which is a separate legal tort recognized by Alberta courts.
Bennett Jones
Bennett Jones
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Defenses: If the gesture was meant as an honest opinion or "fair comment" in a specific context (like a joke between friends where no third party was genuinely misled), the defendant may have a valid defense.
Legal Line
Legal Line
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Are you considering legal action over a specific incident, or are you looking for more information on the defenses against such a claim?
AI responses may include mistakes. For legal advice, consult a professional. Learn more
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