Duhaime's Law Dictionary


Publication Definition:

Communication of the alleged defamatory statement to a third-party.

An essential requirement of a successful defamation claim.

In Barrett, Justice Corrigan noted that:

"Publication is a necessary element of all defamation claims, and includes every repetition and distribution of a defamatory statement."

In Breakdown Services, Justice Pregerson wrote:

"To state a claim for slander, a plaintiff must establish the intentional publication of a statement of fact that is false, unprivileged, and has a natural tendency to injure or which causes special damage.

"Publication means communication to a third person who understands the defamatory meaning of the statement and its application to the person to whom reference is made."

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