defamation
Rethinking Defamation Law
On May 3rd the Law Commission of Ontario (LCO) hosted an international conference examining how defamation law should be reformed in light of “far-reaching developments in law, technology, and social values.” The first panel of the conference, Rethinking Defamation Law: The Setting for Reform, provided an overview of defamation law in Canada and some factors […]
The Harms and Values Underlying Defamation Law in the Internet Age
Earlier last month, the Law Commission of Ontario (‘LCO’) held a conference entitled “Defamation Law and the Internet: Where do we go from here? “. This may well have been the most comprehensive review of defamation law in the internet age, at least as proclaimed by the Project Brief of the LCO.
Jurisdiction, Anonymity and Unpublishing – Frontline Problems in Resolving Online Defamation Claims
At the recent conference, “Defamation Law and the Internet: Where do we go from here?”, organized by the Law Commission of Ontario, the luncheon keynote focused on the issues of extra-territorial jurisdiction, anonymity, and unpublishing with respect to resolving online defamation claims.
Resolving Online Defamation in the Internet Age
Given the enormous growth in online defamation claims on social media, almost all requesting a removal of defamatory comments, these claims are not ideal for court-based resolution and should be subject to an alternative resolution framework. In the recent Law Commission of Ontario’s conference, Defamation Law and the Internet: Where Do We Go From Here?, experts […]
Fair Balance, Proportionality and Revamping the Publication Rule — Will these Efforts Resolve the Problem of Online Intermediaries? It’s Unlikely.
The Law Commission of Ontario recently held a conference as part of a consultation process for its “Defamation Law in the Internet Age” project. The event provided scope for continuing the conversation around reform of defamation laws in the context of fast-moving and far-reaching developments in technology and social values.
Branding Fake News: Misleading Cases by A.P. Herbert
There is much ado these days about fake news. Some find it entertaining. Others find it dangerous. Neither can claim that it has been positive or educational. We can learn a thing or two about fake news that lightens the heart and enlightens the mind from the politician A.P. Herbert.
Is Anyone Listening?
The idea of surreptitiously recording confidential conversations as material to be used against someone comes straight out of spy movies and thriller novels. The act itself is clearly reprehensible but it is surprisingly difficult to determine whether legal liability subsists. The actual practice of recording conversations without consent is governed by various criminal, privacy and […]
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 […]
No Liability for Hyperlinks, Online Free Speech Protected
Amanda Carpenter is a JD candidate at Osgoode Hall Law School Last Tuesday, the British Columbia Court of Appeal affirmed an important precedent-setting decision of the British Columbia Supreme Court regarding online defamation in Crookes v. Newton., 2009 BCCA 392. In the decision, Justice Saunders and Bauman found against the plaintiff Wayne Crookes who argued […]