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defamation

SCC Hears Case on Hyperlink Defamation

Stuart Freen is a JD candidate at Osgoode Hall Law School Can a blogger posting links on a website be held liable for the contents of those linked sites? This is the question that was posed to the Supreme Court of Canada last week when it heard Crookes v. Newton, the latest case to tackle […]

A Question of Balance: Freedom of Expression vs. The Reputation of an Individual

Amanda Carpenter is a JD Candidate at Osgoode Hall Law School. In a recent English case involving the Times Newspapers Ltd (“Times”) and Detective Sergeant Gary Flood (“DS Flood”), the Court of Appeal interpreted the “Reynolds defence” to defamation and also decided that a newspaper publishing allegations on its website after it was communicated to […]

Patching the Cloak of Anonymity: The Freedom of Expression, Privacy and Defamation Law

Robert Dewald is a JD Candidate at Osgoode Hall Law School. The internet provides an ideal environment for users to express themselves, their ideals and concerns.  This expression is valued by society and enshrined in the Canadian Charter of Rights and Freedoms which protects various rights and influences the interpretation of Canadian law.    However, protecting […]

Climatologist to test Canada’s defamation laws

Nathan Fan is a JD candidate at Osgoode Hall Law School. Andrew Weaver, a prominent University of Victoria climate researcher, has claimed that he has been defamed in a series of articles published by The National Post regarding the recent controversies over the reliability of climate science. The statement of claim (courtesy of desmoblog.com) filed […]

France and the Right to Forget

Peter Waldkirch is a second year LL.B. student at the University of Ottawa. The BBC recently reported on a proposed law in France about creating an online “right to forget” (Internet legislation would seem to be a hot issue in France; recent news includes the October 2009 acceptance of the graduated-response “3-strikes” HADOPI 2, and […]

Responsible communication — for bloggers, too

Peter Waldkirch is a second year LL.B. student at the University of Ottawa. Over the holidays the Supreme Court of Canada released two decisions – Grant v. Torstar Corp and Quan v. Cusson – that have attracted considerable attention in the media. This is natural, since the decisions both directly address the ambit of media […]

UK Considers Introducing Single Publication Rule for Defamation

Stuart Freen is a JD candidate at Osgoode Hall Law School. The UK Ministry of Justice recently published a consultation paper entitled “Defamation and the internet: the multiple publication rule“. The consultation revisits, as its name would suggest, the multiple publication rule currently in use in the UK in light of the internet and online […]