Criticizing companies via social media and digital platforms: an alternative forum of justice for consumers?

1.1.2 The applicable regime in Quebec In Québec, there is no special regime for defamation.53 The protection of the right to safeguard one’s reputation and the recourse to obtain cessation of an infringement of this fundamental right and to obtain compensation for the prejudice suffered are found in the Charter of Human Rights and Freedoms,54 while the rules allowing the author of defamatory state. [...] Although discretionary, and leaving a fair amount of leeway to the trial judge, the assessment of injury depends on various factors, such as “[…] the seriousness of the act, the intention of the author, the dissemination of the defamation, the condition of the parties, the scope of the defamation on the victim and their relatives and the duration of the attack and its effects […].”61 [TRANSLATION]. [...] Among the factors used to determine the legality of the statements made by the consumer, the courts will take into consideration the presence of abusive language or personal attacks (1.2.1), the use of digital platforms for personal interest (1.2.2), the organization of a smear campaign and the dissemination of false statements (1.2.3) as well as the duration and scope of the publication (1.2.4). [...] Implying or insinuating that a company engages in illegal, dishonest or fraudulent activities will also have the effect of damaging the image of the company, through the defamatory and tendentious nature of such remarks.102 Moreover, the decision-makers will have to rely in their analysis on the natural, everyday meanings that the impugned words evoke in the mind of the reader,103 instead of tryin. [...] On rare occasions, based on the credibility of the author and the exaggerated content of their remarks, the courts have nevertheless considered that the derogatory remarks did not have the effect of reducing or affecting the esteem or reputation of the plaintiffs, since anyone endowed with a modicum of discernment would have attached no importance to them.105 This is reminiscent of the reasoning a.