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Inside Internal Controls

News and discussion on implementing risk management

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defamatory statements

Significant online defamation damages in Canada — are online platforms immune?‎

If only Canada were to have such clear laws. Here, it is critical for operators of online platforms to understand that this issue remains largely unlegislated and left to the common law; which holds that a person will not be responsible, as a publisher, if the person’s sole participation in the publication of the defamatory material is merely their “innocent” involvement in the purely administrative or mechanical phases of publication.

 

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Keeping things in context: B.C. Court of Appeal considers the roles of context and public debate in defamation cases

The B.C. Court of Appeal’s recent decision in Northwest Organics, Limited Partnership v. Fandrich demonstrates the importance of keeping things in context when determining whether an allegedly defamatory statement has a defamatory meaning.

 

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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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Help! I have been defamed online – Part III, the perils of being Googled

Have you “googled” yourself lately? If you have not, I recommend that you go ahead and do so. You might be surprised by what you discover is posted about you online.

 

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Angry bloggers beware! – Your anonymity is not guaranteed

Is your boss or co-worker getting on your nerves? Are you irritated with your neighbour? Do you feel like venting out by writing some nasty stuff about them on Twitter or on a blog? If you do it anonymously, no harm done, right?

 

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Cyberlibel – Why your interactive website might expose you to liability

If you operate a website with interactive capabilities, such as a chat room, a blog, or even if you provide your readers with the option of posting their comments on your website, you may be held liable by a Canadian court for defamatory comments posted by anonymous strangers on your website.

 

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