First Reference company logo

Inside Internal Controls

News and discussion on implementing risk management

machine cogs image

Author Archive - Maanit Zemel

Maanit Zemel is a commercial litigator admitted to practice in Ontario and New York, with substantial experience and expertise in Internet and social media law, including Canada’s Anti-Spam Legislation (CASL), privacy, online defamation, cyberbullying and cyber-security.

The new privacy tort – Another victory for victims of cyberbullying

In the highly-publicized decision of Doe v. N.D., the Ontario court recently granted a victim of cyberbullying significant damages, to compensate her for the serious emotional and reputational harm she suffered in the hands of the defendant.

 

, , , , , , , , , , , , , , , , ,

Canadian cyberbullying laws – Where are they now?

In the recent decision of the Nova Scotia Supreme Court of Crouch v Snell, the Court struck the Cyber-Safety Act, finding it to be unconstitutional. Specifically, the Court held that the Cyber-Safety Act violated section 2(b) (freedom of expression) and section 7 (the guarantee of life, liberty and security of the person) of the Charter of Rights and Freedoms. What impact does the Crouch v Snell decision have on the Federal cyberbullying laws?

 

, , , , , , , , , ,

My website allows users to post comments – can I be liable for defamation?

If you host a website that allows the public to post comments, you may be surprised to find out that you may sued if a stranger posts defamatory comments on it.

 

, , , , , ,

Yelp! – How do I deal with negative online reviews?

Every business knows that online reviews matter. They are today’s equivalent of “word of mouth”. It is to be expected that most businesses will, at some point, receive negative reviews online. After all, unhappy consumers tend to want to share their negative experience with the world. Those negative reviews may have a great impact on the business’ financial success or failure.

 

, , , , , , , , , , , , ,

Let’s go crazy: How a dancing baby changed online copyright law

When Stephanie Lenz took a video of her cute baby dancing to the song Let’s Go Crazy by Prince, she could not have anticipated that the video would change the law of online copyright infringement.

 

, , , , , , , , , , , , , , , , , ,

CASL one year later – Lessons learned

On July 1, 2015, Canada’s Anti-Spam Legislation (CASL) celebrated its one year anniversary. How has CASL been enforced during its first year and what lessons can be learned from its enforcement?

 

, , , , , , , , , , , ,

Lessons to be learned from Compu-Finder – CASL’s first major target

In last month’s post, I provided some tips to those of you who may be facing a regulatory prosecution under Canada’s now famous (some might say infamous) anti-spam legislation (CASL) . Those tips may of particular interest to Compu-Finder, a Quebec company that has found itself to be the first major target of CASL’s regulatory […]

 

, , , , , , , , , , ,

Responding to a complaint under Canada’s anti-spam legislation

Have you or your company received a notice from the Canadian Radio-television and Telecommunications Committee (“CRTC”) that you are the subject of a complaint under Canada’s Anti-Spam Legislation (“CASL”)? If so, you are not alone. Since CASL came into force on July 1, 2014, the CRTC has reportedly received over 210,000 complaints for violations of CASL.

 

, , , , , , , , , , , ,

Ego vs. injury – Why pursuing defamation claims is not always about the money

A recent decision of the Ontario Superior Court of Justice is an example of how hurt feelings and damaged egos may not necessarily be a good reason to sue for defamation.

 

, , , , , , , , , , , , , ,

The ‘right to be forgotten’ on Google – Can it happen in Canada?

“If a tree falls in the forest and no one is around to hear it, does it make a sound? Similarly, if damaging information is posted on the internet and is not picked up by Google, does it cause harm?”

 

, , , , , , , , , , , , ,

The primary purpose test – deciphering CASL’s charities exemption

What about registered charities? Are they required to comply with CASL’s requirements or are they exempt from compliance? The answer to that question was made somewhat clearer on July 4, 2014.

 

, , , , , , , , , , , , , , , ,

Zero minus 24 hours – the importance of a CASL compliance policy

zero minus 24 hours

Tomorrow is July 1, 2014. It is a day that marks Canada’s “birthday”. It is also the date of the coming into force of Canada’s Anti-Spam Legislation (CASL). While most Canadians will be out celebrating Canada Day with their families and friends, they should also be in compliance with CASL. But are they?

 

, , , , , , , , , , , , , , , ,

Canada’s anti-spam legislation – What is the regulator thinking?!

With only five weeks left before Canada’s Anti-Spam Legislation’s (CASL) main requirements come into force, one of CASL’s regulators, the Canadian Radio-television and Telecommunications Commission (CRTC), has released a series of much anticipated “FAQs” .

 

, , , , , , , , , , , , , , , , , , ,

Canada’s anti-spam legislation – myths and misconceptions

Over the past months, I have been writing, lecturing and advising on Canada’s anti-spam legislation (CASL). In discussing the legislation, I have encountered many myths and misconceptions about CASL and its implications. This is not surprising. The legislation and accompanying regulations create a complex and often confusing regulatory regime that contains more questions than answers.

 

, , , , , , , , , , , , , , , , , , , , , , , , ,

Previous Posts