Law

Top court protects online links from libel claims

Oct 19, 2011 - Posted by Dean Jobb

Internet users who post hyperlinks to libellous material posted on other websites cannot be sued for repeating the libel, the Supreme Court of Canada has ruled. The Oct. 19 ruling in Crookes v. Newton protects one of the most basic functions of the Internet -- the ability of users to share links to material posted online, even material they have not fully reviewed and they may not agree with. The court recognized that simply posting a link to material that may be libellous is a far cry from publishing or repeating the libel, let alone endorsing what has been said in the linked post.

Read the ruling in Crookes v.Newton, 2011 SCC 47.

Read the Globe and Mail report.

Read CBC senior legal counsel Daniel Henry’s analysis of the ruling.

Ruling relaxes libel rules for political bloggers

Sep 13, 2011 - Posted by Dean Jobb

An Ontario judge has tossed a libel action against three political bloggers, arguing that web-based political discussions are forums for “the parry and thrust” of vigorous debate and participants whose reputations have been attacked should fight back with words, not legal action.

Court unmasks anonymous media site posters

Sep 20, 2010 - Posted by Dean Jobb

NEWS – In what may be the first case of its kind involving comments posted to a Canadian media website, the Halifax weekly The Coast has been ordered to identify seven people who made allegedly defamatory statements tagged to a story about racism in the city’s fire department. As well, Google was ordered to identify the holder of a gmail account who circulated an email that could be defamatory. "The court doesn't condone the conduct of anonymous Internet users," a Nova Scotia Supreme Court judge ruled April 14. The Coast and Google did not oppose the motion to produce the information. Read the reports in The Globe and Mail and Halifax's Chroncile Herald.

CP fined for breaching ban

Jul 23, 2009 - Posted by Dean Jobb

News
The Canadian Press has been fined $4,000 for contempt of court for breaching a publication ban imposed at a British Columbia murder trial last year. The wire service circulated a report that used the first name of an undercover RCMP officer whose identity was protected under a court-ordered ban. The CP reporter covering the case was aware of the ban but assumed the name used to identify the officer in court was a pseudonym; it turned out to be the officer's real name. The ruling will be of particular interest to online journalists, as the report appeared on only a handful of websites before CP realized its mistake, killed the story and apologized to the court. Read the Vancouver Sun report. Read the ruling.

Web 2.0 libel suits multiply

Feb 11, 2009 - Posted by Dean Jobb

Feature
The Web 2.0 movement ushered in an interactive Internet and put power in the hands of the people, tapping the so-called wisdom of the crowds to change the world -- and to keep such a digital democracy in check. A decade later, as defamation lawsuits mount in response to an explosion of vicious attacks and anonymous gossip, some are questioning the wisdom of the crowds -- and wondering if it hasn't turned into mob rule. Deborah Gage reports in the San Francisco Chronicle.

Defamatory email costs sender $7,800

Dec 11, 2008 - Posted by Dean Jobb

News
An email containing "malicious gossip" has cost the sender $7,800 in an out-of-court settlement, even though it was directed to only one recepient. The case is a reminder to journalists to be careful not to make or repeat unfounded accusations when seeking information and conducting interviews by e-mail. Betsy Powell reported on the case in the Toronto Star.

Britian's libel laws 'a global menace'

Jul 28, 2008 - Posted by Dean Jobb

Commentary
Britain's libel laws are outdated and a gift to the censorious and powerful, who use them to silence critics and, increasingly, to try to shut down websites and bloggers. The Internet and the global nature of publishing ensure "these medieval laws have become the most powerful extra-territorial legislation ever drafted." Author George Monboit, writing in The Guardian, says timid British politicians and compliant British journalists are to blame, but fears he'd be sued if he dared to name names.

The limits of web speech

Oct 29, 2007 - Posted by Dean Jobb

Commentary
The courts are coming to grips with chat on the Internet, says BBC News Online columnist Bill Thompson. People who post anonymous comments on websites be warned -- you can be outed and sued.

Wanted: Libel law for the digital age

Sep 26, 2007 - Posted by Dean Jobb

Commentary
A libel suit filed against Mumsnet, a community website where women offer one another advice, support and friendship, underlines the need for a libel law that reflects the reality of publishing online. In this May 2007 commentary, Justine Roberts, co-founder of Mumsnet, argues that treating an electronic bulletin board as if it were a newspaper or book is like using railway signals to control air traffic.

Libel suits put online free speech at risk

May 03, 2007 - Posted by Dean Jobb

Commentary
A pair of recently filed defamation suits have the potential to reshape free speech on the Internet in Canada, Internet law expert Michael Geist warns in this Ottawa Citizen commentary published on May 1, 2007. A British Columbia businessman is suing a who's who of the Internet, including Yahoo!, MySpace and Wikipedia for allowing users to post or link to articles he alleges are defamatory.