The Supreme Court of Canada (SCC) is currently considering its verdict in the long-running case of Crookes v Newton The BC Court of Appeal’s 2009 decision (in Crookes v. Newton 2009 BCCA 392) held that Mr. Newton was not liable for hyperlinks to defamatory content. In short, if a person merely hyperlinks to a defamatory site, that act alone does not make that person a “publisher” of the defamatory material found at the hyperlinked site.  Mr. Crookes appealed that decision to the SCC. Oral arguments in the case were heard this week, and a decision is expected soon. With luck, the ruling will clarify the law on liability for hyperlinks – something that has far-reaching consequences for use of the internet in Canada.

Related Reading:

Can you be anonymous online in Canada?

Is a Website Operator Liable for User Comments?

Defamation Update: Hyperlink Is Not Publication

Online Defamation Update: Doctrine of “presumed publication”

Calgary – 10:00 MST