The Notice Requirement Before Suing a Newspaper or Broadcaster for Defamation in Ontario

You saw the article. You read your name and a claim that is plainly false. Your first instinct is to call a lawyer and sue. That instinct is right — but there is one critical procedural step that many people overlook, and missing it can permanently bar your claim.

Ontario's Libel and Slander Act imposes a short pre-suit notice requirement when the defendant is a newspaper or broadcaster. This notice requirement is one of the most time-sensitive obligations in Ontario civil litigation, and it has tripped up plaintiffs who waited too long.

Why Does the Notice Requirement Exist?

Ontario law has historically granted newspapers and broadcasters a limited advantage in defamation cases: the opportunity to publish a correction or retraction before a lawsuit is filed. The notice requirement is the mechanism for that opportunity.

The policy rationale is that media organizations publish at scale and should have a chance to remedy honest errors quickly. In exchange for that chance, the law gives them a short window — but requires the plaintiff to move even faster to preserve their rights.

What the Libel and Slander Act Requires (As of Writing — Verify)

As of writing, Ontario's Libel and Slander Act requires a plaintiff intending to sue a newspaper or broadcaster for libel to:

1. Serve a written notice on the defendant identifying the words complained of, generally within a very short period — as of writing, the window is typically six weeks from the time the libel comes to the plaintiff's attention for newspapers and broadcasters — but verify the current deadline directly with a lawyer and by reviewing the current text of the Act, as these timelines can be modified and specific circumstances matter.

1. Identify the specific words that are alleged to be defamatory, so the defendant knows exactly what the complaint is.

1. State the facts on which the plaintiff relies, to the extent required by the Act.

Warning: Limitation periods and notice windows under the Libel and Slander Act are extremely strict. Courts have held that failure to give timely notice in the prescribed form is a complete bar to the claim. This is not a technicality that can be forgiven — it is a precondition to suing. If you believe a newspaper or broadcaster has defamed you, contact a lawyer immediately.

Who Counts as a "Newspaper" or "Broadcaster"?

The Act defines these terms. Broadly:

• Newspaper typically means a publication that appears at regular intervals and is sold or distributed to the public — traditional print newspapers and, in many cases, their online counterparts.
• Broadcaster typically means a person or organization transmitting content over radio or television.

What about online-only publications and podcasts? This is an evolving area. Whether an online news outlet or a podcast falls within the Act's definitions depends on the specific circumstances and how the Act is interpreted. Some online publishers have been treated as newspapers for notice purposes; others have not. If the defendant is a media organization of any kind, err on the side of caution and give notice as quickly as possible.

Private individuals on social media are generally not subject to the notice requirement. The stricter notice obligations apply specifically to organizations that qualify as newspapers or broadcasters under the Act.

What Happens If the Defendant Retracts or Apologizes?

If a newspaper or broadcaster publishes a full retraction or apology in a prominent position within a reasonable time after receiving your notice, the Act may limit your damages to actual loss (special damages) rather than allowing general damages. This is one reason why defendants move quickly after receiving a notice letter.

For the plaintiff, this is a trade-off to be aware of:

• A published correction with wide reach may repair your reputation more effectively than a lawsuit.
• But if your actual economic losses are significant, limiting damages to special damages may undervalue your claim.

Discuss this trade-off with your lawyer when deciding how to respond to an apology or retraction offer.

The Standard Limitation Period Also Applies

In addition to the notice requirement, the general limitation period for starting a lawsuit also applies. Under Ontario's Limitations Act, plaintiffs generally have two years from when they knew (or ought to have known) about the defamatory statement to issue a statement of claim — verify the current limitation period with a lawyer, as specific circumstances and defendants can affect when the clock starts.

Where the Libel and Slander Act notice requirement applies, the notice deadline is typically far shorter than the two-year limitation period. Meeting the notice deadline does not mean you have two years to file the lawsuit in any case — get legal advice early.

Practical Timeline When You See a Defamatory Story

Here is a practical framework:

Day 1: The story comes to your attention.

• Document everything: take screenshots, note the URL, identify the exact words.
• Note the publication date and the date you became aware.

Day 1-3: Contact a lawyer.

• Do not delay. The notice window may be shorter than you expect.
• A lawyer can confirm whether the defendant is a newspaper or broadcaster under the Act, calculate the notice deadline, and draft a compliant notice letter.

As soon as possible: Serve the notice.

• The notice should identify the defamatory words, the publication, and the date of publication.
• Delivery method matters — confirm with your lawyer the correct method of service.

After notice is served: Assess the response.

• Did the defendant offer a retraction? If so, is it adequate?
• Begin preparing the statement of claim in parallel, so you are ready to file if negotiations fail.

Frequently asked questions