From Newspapers to the Digital Age: Saskatchewan’s New Defamation Act

Introduction

On October 1, 2026, The Defamation Act, SS 2026, c 15 (the “Act”) came into force in Saskatchewan. The Act repealed The Libel and Slander Act, RSS 1978, c L-14 (the “Previous Act”), Saskatchewan’s longstanding legislation governing libel and slander.  The Act represents a significant modernization of Saskatchewan’s defamation law framework, shifting the legislative focus from a newspaper-based regime to one that is better suited to today’s digital communication landscape.

The Previous Act reflected an era in which reputational harm primarily occurred through newspapers and traditional media. The Act recognizes that defamatory statements are now often published online, where information can be disseminated instantly and remain accessible indefinitely. While the fundamental principles of defamation law in the province remain largely unchanged, the Act introduces several notable reforms aimed at addressing the realities of the digital age.

A Shift From “Libel and Slander” to “Defamation”

Among those reforms is a change in the terminology used to describe the claim itself. Rather than referring separately to libel and slander, the Act adopts the broader term “defamation”, which encompasses both written (libelous) and spoken (slanderous) statements that may harm an individual’s reputation. 

From Print Publications to Electronic Communications

The statutory modernization goes beyond terminology and reflects a broader recognition of how communication has evolved.

The Previous Act contained numerous provisions dealing specifically with newspapers, newspaper publishers, and reporting in newspapers. This reflected the communications landscape at the time the legislation was enacted, when newspapers were among the primary means by which information was disseminated to the public. Today, however, information is commonly shared through websites, blogs, online news publications, and social media platforms.

Recognizing this shift, the Act expressly provides that a publication includes “words published in any electronic medium”.¹ In doing so, the legislation acknowledges that while the underlying concern of reputational harm remains the same, the ways in which that harm can occur have evolved dramatically.

The Single Publication Rule

Consistent with the Act’s recognition of modern forms of communication, it also introduces the “Single Publication Rule”.² This rule is particularly important in the context of limitation periods. It recognizes that online content can remain accessible and be republished long after it first appears. As a result, questions may arise as to whether each subsequent publication restarts the limitation period. The Single Publication Rule addresses this issue by providing that the limitation period generally runs from the first publication, rather than restarting each time the same content is accessed or republished online. This, in turn, promotes certainty for both claimants and publishers by reducing the potential for endless exposure to liability.

Expanded Remedies

While the Court retains jurisdiction to award damages to plaintiffs in a defamation action,³ the Act introduces additional remedies aimed at addressing the ongoing harm that may occur when defamatory content remains available online. In particular, the Act authorizes the Court to order a defendant to take all reasonable steps to make a publication unavailable, including by having it removed from platforms operated by internet intermediaries (such as social media platforms and other online service providers that host third-party content), and by having the publication de-indexed from search engines.⁴

The Court may also order the internet intermediaries themselves to make every reasonable effort to remove or de-index all publications containing defamatory content.⁵ These remedies are in addition to the Court’s ability to grant injunctive relief and make any other order it considers just and reasonable in the circumstances.⁶

Conclusion

Whether you are an individual seeking to protect your personal reputation or a business responding to harmful online statements, understanding your rights and obligations under the new legislation is important. If you have questions about Saskatchewan’s new Defamation Act or how it may apply to your circumstances, the Litigation team at McDougall Gauley is available to assist.