Internet links not libel, top court rules | Megan Fitzpatrick | CBC | Oct 19, 2011
“Hyperlinking to defamatory material on the internet does not constitute publishing the defamatory material itself, the Supreme Court of Canada ruled Wednesday.
…
In its unanimous decision to dismiss the case, the court said a hyperlink, by itself, should never be considered “publication” of the content to which it refers. But that doesn’t mean internet users shouldn’t be careful about how they present links. The court says that if someone presents content from the hyperlinked material in a way that repeats the defamatory content, they can be considered publishers and are therefore at risk of being sued for defamation.
The court agreed with the arguments that applying the definition of publisher to someone who hyperlinks could have a chilling effect on internet use.”
For more on the story see: http://www.cbc.ca/news/canada/story/2011/10/19/pol-scoc-hyperlink.html
Also see: Michael Geist column in the Toronto Star
