Update: Canadian Online Defamation & Hyperlink Case
The Supreme Court of Canada (SCC) is currently considering its verdict in the long-running case of Crookes v Newton The BC Court of Appeal’s 2009 decision (in Crookes v. Newton 2009 BCCA 392) held that Mr. Newton was not liable for hyperlinks to defamatory content. In short, if a person merely hyperlinks to a defamatory site, that act alone does not make that person a “publisher†of the defamatory material found at the hyperlinked site. Mr. Crookes appealed that decision to the SCC. Oral arguments in the case were heard this week, and a decision is expected soon. With luck, the ruling will clarify the law on liability for hyperlinks – something that has far-reaching consequences for use of the internet in Canada.
Related Reading:
Can you be anonymous online in Canada?
Is a Website Operator Liable for User Comments?
Defamation Update: Hyperlink Is Not Publication
Online Defamation Update: Doctrine of “presumed publicationâ€
Calgary – 10:00 MST
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[…] is a story we’ve been following for several years (see our past posts here: Update: Canadian Online Defamation & Hyperlink Case). It’s based on an allegation of online defamation brought by businessman Wayne Crookes, […]