The B.C. Court of Appeal’s recent decision in Pineau v. KMI Publishing and Events Ltd. clarifies that although sharing a hyperlink to a defamatory article published by a third party does not establish liability for defamation, sharing a hyperlink to a defendant’s own defamatory article—and thereby increasing its circulation—should be considered in assessing damages. Given the widespread use of social media platforms by businesses and individuals alike, this principle may have a significant impact on damages assessments in internet defamation cases. For further discussion of Pineau, see our recent post on the Canadian Appeals Monitor.
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