Saskatchewan has officially brought The Defamation Act into force. The Defamation Act replaces the province's century-old Libel and Slander Act, which had been in place since 1909. The new legislation reflects the realities of modern communication and is designed to address how reputational harm occurs in an era dominated by online publishing, social media, and digital news platforms.

Why the Change?

Historically, defamation law distinguished between libel (written statements) and slander (spoken statements). While that distinction may have made sense in a pre-digital world, it has become increasingly outdated as communication now occurs across a variety of platforms that blur the line between written, spoken, and multimedia content.

The new Act eliminates that distinction and instead uses the single concept of defamation, encompassing both written and spoken statements that may harm a person's reputation.

The legislation is intended to modernize defamation law, provide courts with more effective tools to address online harm, and better reflect today's communications environment.

New Tools for Online Harm

One of the most significant changes found in The Defamation Act is the authority granted to courts to address harmful content that continues to circulate online long after it was first published.

Under The Defamation Act, courts may now issue:

• Take-down orders, requiring the removal of defamatory content; and
• De-indexing orders, which can prevent online content from appearing in search engine results.

These remedies recognize the reality that defamatory material can spread rapidly online and remain accessible indefinitely, even after it has been shown to be false or harmful.

Shortly before the Act came into force, the Saskatchewan Court of King’s Bench considered the reputational harm caused by defamatory Facebook posts in Parry v. Harper, 2026 SKKB 113. The posts accused Ms. Parry, the former administrator of the Rural Municipality of Pleasantdale, Saskatchewan, of lying, misallocating funds, and theft. The Court found the statements defamatory and concluded that they had significantly harmed her reputation. It awarded Ms. Parry $150,000 in damages, plus interest from November 9, 2020, to June 16, 2026.

If the new Act had applied, the Court may have had additional remedies directed at the continuing online availability of the Facebook posts, including orders requiring their removal or de-indexing from search results.

Equal Treatment for Traditional and Digital Media

The legislation also updates the law to reflect the evolution of the media industry.

The former Act contained provisions specifically directed at newspapers, including registration requirements and filing obligations. Those requirements have been removed, and the register of newspapers will be discontinued.

By eliminating newspaper-specific language, the new Act applies equally to traditional media organizations, broadcasters, online publishers, and other digital content creators.

Single Publication Rule

Another notable reform is the introduction of a single cause of action for a publication and any subsequent republications of the same material by the same publisher.

This change is intended to bring greater certainty to defamation claims in the digital context, where articles or posts may remain available online for extended periods or be repeatedly accessed by readers.

Defamation law seeks to balance two competing interests: the protection of an individual's reputation and the public's right to freedom of expression.

What This Means for Saskatchewan Residents

The new legislation represents a significant update to how reputational harm may be addressed in Saskatchewan. The legislation acknowledges that defamatory statements can now reach large audiences instantly and remain available indefinitely online. By modernizing the law and introducing remedies tailored to digital communications, Saskatchewan has moved toward a legal framework that is better equipped to address modern reputational disputes while preserving freedom of expression.

As online communication continues to evolve, The Defamation Act represents Saskatchewan's effort to ensure that defamation law remains effective, practical, and relevant in the digital age.

Online statements can have significant and lasting consequences for individuals, professionals, and businesses. If you are facing a defamation issue or want advice on protecting your reputation under Saskatchewan's new Defamation Act, McKercher LLP's experienced litigation team can provide practical, strategic guidance tailored to your circumstances.

About the Author:

Shelby Fitzgerald is an associate in the McKercher LLP Saskatoon office where she maintains a general litigation practice, with a focus on Indigenous Law, Insurance Defence, and professional disciplinary matters.

About McKercher LLP:

For over 100 years, McKercher LLP has grown deep roots across Saskatchewan, serving the community from offices in Saskatoon and Regina. Now, as one of the province’s largest and most established full-service law firms, we proudly carry on this legacy – following a client-first philosophy as we provide legal services and real solutions for the people who rely on us.

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This post is for information purposes only and should not be taken as legal opinions on any specific facts or circumstances. Counsel should be consulted concerning your own situation and any specific legal questions you may have.