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Supreme Court rules web link doesn't constitute libel

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CTV News Channel: Nathalie Des Rosiers, CCLA
The general counsel of the Canadian Civil Liberties Association says the Supreme Court of Canada has recognized that those who hyperlink to content on the internet have no control over how that content can change.

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Date: Wed. Oct. 19 2011 8:09 PM ET

Canada's Supreme Court has unanimously ruled that posting online links to a website containing libellous material is not libel in itself.

The top court upheld the B.C. Supreme Court's ruling Wednesday against former Green Party campaign manager Wayne Crooks, who had argued that there was no difference between publishing defamatory statements and publishing links to the sites where the statements were written.

P2Pnet.net, a technology and freedom of speech news website hosted by British Columbia resident Jon Newton, never published any of the claims that Crooks took issue with. It did not even comment on them.

Wednesday's ruling outlined the difference between linking to a website and actively encouraging readers to view the material.

"Making reference to the existence and/or location of content by hyperlink or otherwise, without more, is not publication of that content," the court wrote in its decision. "Only when a hyperlinker presents content from the hyperlinked material in a way that actually repeats the defamatory content, should that content be considered to be 'published' by the hyperlinker."

The court's judgment placed the blame for a libellous statement on the site where it is published, ensuring web users who post links are not obligated to verify all content on the site they are linking to.

"Such an approach promotes expression and respects the realities of the Internet, while creating little or no limitations to a plaintiff's ability to vindicate his or her reputation," stated the judgment.

Before arriving at the Supreme Court, B.C.'s Justice Stephen Kelleher had dismissed the case, describing links as something like footnotes.

The suit against Newton and P2Pnet wasn't the only such case brought forth by the plaintiff. He had also launched libel proceedings against Yahoo, members of the Green Party of Canada, Google, Myspace and Wikipedia.

Toronto blogger Chris Tindal says he was also sued by the plaintiff. On his Twitter account on Wednesday, Tindal noted that despite losing at the Supreme Court, Crooks still managed to put a chill on free speech.

"In Canada, there's nothing to stop someone with (money) from suing someone with less into bankruptcy even if their case is complete fiction," wrote Tindal, who ran unsuccessfully for a city council seat in downtown Toronto last year.

"At least I hope I can now stop spending thousands of my own (money helping) to defend the whole Internet from this guy," he wrote in an earlier post. "You're welcome."

Intellectual property professor Michael Geist, who once posted on his blog that he had also been sued by Crooks, lauded the Supreme Court's decision.

"The ruling is a huge win for the Internet," said Geist, a University of Ottawa law professor who holds the Canada research chair in Internet and e-commerce law.

"The Supreme Court of Canada clearly understood the technology, I think they understand the Internet. They, most importantly in this case, understand the direct link -- no pun intended -- between hyperlinks on the Internet and freedom of expression and the ability to disseminate information."

Comments are now closed for this story

mikel
said

If you are worried about the Conservatives infringing on your rights, then imagine the thuggery that the New-liberal-crat's would invent if they had a majority....


JimL
said

If a polling firm can make a judgement with just a few hundred votes what makes people like korie think that a poll (vote on election day) of 50% or more of the county's voters would not reflect far more accurately the wishes of voters. The other 50% are likely to vote the same unless a particular segment of the population didn't vote, such as only Liberals, NDP or Cons didn't turn out in droves.5


Jack - AB
said

No idea what was said about this person but one thing is for sure he loves to go around suing everyone out there. Plaintiffs that run around filling frivolous lawsuits and lose should be held accountable for all court and lawyer costs!!! Maybe they would think twice before trying to sue everyone if they kept losing and had to pay out of pocket themselves for all legal costs. Also from what I can tell, this individual has lost every lawsuit he filed regarding his libel case.


James
said

@Korie: Not quite. Harpo's crime bill allows for warantless wiretapping (which is wrong for all kinds of reasons) but "china style censorship" is a bit of a stretch. You should be more worried about the copyright bill the Cons are going to shove down our collective throats. Think you own any of your electronics or media? Think again. Or then there's the secret ACTA trade agreement the Cons are trying to quietly pass. Get ready for an American style presumption of guilt unless you can prove your innocence. Michael Geist (who was quoted in this article) goes in this in his blog; people should read up so that they are not suprised when their first lawsuit shows up in the mail.


Joe C
said

@korie: Can you please cite which clause(s) of the bill contain this?


S in Vancouver
said

This ruling is analogous to finding the Yellow Pages not accountable for listing a phone number for a business that committed crimes. Well done, Supreme Court. I'm glad I'll never know how many taxpayer dollars were spent on this ridiculous appeal.


Guy
said

Just because I poit out a bird doesn't mean I could fly


korie
said

doesn't anyone realize that web freedom will mean nothing at all once harper's sweeping crime bill goes through??? there are clauses that would see all content filtered and we will have china style censorship and it will be done legally by this majority government! thanx non voters, your apathy has sunk the rest of us!no wonder the scc stopped, it's moot to them!


Geoffrey
said

Is there anything they could have linked to that makes him look as moronic as he does right now?

The irony burns my eyes...


law student
said

It's necessary for the Court to protect our right to freedom of expression on the internet - this decision did not go far enough at all.


James
said

What a waste of money trying this case... some people fail to use basic COMMON SENSE and instead have an axe to grind and push their agenda. Nowadays its uncommon sense which comes not free as it once did but at great expense.


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