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defamatory statements

By Occasional Contributors | 6 Minutes Read March 5, 2020

Significant online defamation damages in Canada — are online platforms immune?‎

If only Canada were to have such clear laws. Here, it is critical for operators of online platforms to understand that this issue remains largely unlegislated and left to the common law; which holds that a person will not be responsible, as a publisher, if the person’s sole participation in the publication of the defamatory material is merely their “innocent” involvement in the purely administrative or mechanical phases of publication.

Article by Occasional Contributors / Business, Finance and Accounting / damage awards, defamation, defamatory statements, intermediary liability, litigation, online platforms

By McCarthy Tétrault LLP | 5 Minutes Read November 8, 2019

Keeping things in context: B.C. Court of Appeal considers the roles of context and public debate in defamation cases

The B.C. Court of Appeal’s recent decision in Northwest Organics, Limited Partnership v. Fandrich demonstrates the importance of keeping things in context when determining whether an allegedly defamatory statement has a defamatory meaning.

Article by McCarthy Tétrault LLP / Business, Finance and Accounting / defamation, defamation claims, defamatory statements, Northwest Organics, Protection of Public Participation Act, public debate

By Maanit Zemel | 2 Minutes Read November 14, 2011

The hyperlink case – a licence to defame?

In Crookes v. Newman, Mr. Crookes sued Mr. Newman for online defamation because of hyperlinks that Mr. Newman had placed in articles he published online. The hyperlinks, when clicked, took the readers to websites that contained statements that Mr. Crookes claimed were defamatory of him. Mr. Crookes lost at trial and on appeal and took his case all the way to the Supreme Court of Canada.

Article by Maanit Zemel / Privacy / Crookes v. Newman, defamatory statements, hyperlink, is linking publishing?, liability for defamation, online defamation, what is publishing?

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