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Inside Internal Controls

News and discussion on implementing risk management

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The hyperlink case – a licence to defame?

In Crookes v. Newman, Mr. Crookes sued Mr. Newman for online defamation because of hyperlinks that Mr. Newman had placed in articles he published online. The hyperlinks, when clicked, took the readers to websites that contained statements that Mr. Crookes claimed were defamatory of him. Mr. Crookes lost at trial and on appeal and took his case all the way to the Supreme Court of Canada.

 

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To hyperlink or not to hyperlink – That is the question

This week, the Supreme Court of Canada heard arguments on a question that is unique to Canadian law: if you place a hyperlink in your website or blog, and that hyperlink leads to a website that contains defamatory statements about another person, are you liable to that person for defamation?

 

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