What the UK’s Online Harms white paper teaches us about internet regulation – Richard Haggart and Natasha Tusikov

22 04 2019

File 20190417 139094 88004o.jpg?ixlib=rb 1.1Amidst a growing consensus that social media and online platforms must be subject to public regulation, the United Kingdom has stepped up to do just that. In doing so, it has made a lot of people very angry. Read the rest of this entry »





Google vs. Equustek: Unfortunate Precedent or Positive Development? – Hugh Stephens

19 04 2019

I have written about the case of Google Inc vs Equustek Solutions several times over the past couple of years (for example, herehere, and here). This series of blog posts tracked the evolution of the case. Read the rest of this entry »





Did Canada get “Section 230” Shoved Down its Throat in the US-Mexico-Canada Agreement? – Hugh Stephens

15 02 2019

Last week in writing about the issue of SuperBowl ads, I referred to Annex 15-D of the new NAFTA, the US-Mexico-Canada Agreement (USMCA, or CUSMA as it is referred to in Canada) that will restore (once the Agreement is in force) the practice of substituting Canadian ads into the Superbowl broadcast even if Canadians are watching the game on a US channel redistributed in Canada. Read the rest of this entry »





Canada: Internet Defamation, “Diaspora damages” or damage in a “tightly knit ethnic community” – David Potts

9 02 2019

Tightly knit ethnic communities and social media often combine to create a toxic brew of defamatory allegations. Special considerations apply to the assessment of damages in libel actions in Canada where the language in the publication was not English or French. Read the rest of this entry »





Canada: Funding journalism means defining who’s a journalist, not a bad thing – Ivor Shapiro

27 11 2018

File 20181123 149338 u0lkv5.jpg?ixlib=rb 1.1The federal government’s recent announcement of financial support for news organizations has been met with understandably wide-ranging reactions — from relief to skepticism, and worse. Read the rest of this entry »





Canada: Reforming the Access to Information Act for better open government – Sabrina Wilkinson

28 07 2018

This August, the Government of Canada will kick off its fourth plan on open government. The introduction of this strategy will be a culmination of nearly a year of consultations as well the anniversary of Canada’s assumed seat on the Open Government Partnership (OGP) steering committee, “a global multilateral initiative [aimed at] securing solid commitments from governments to promote transparency” and other forms of better governance. Read the rest of this entry »





Case Law, Canada: Haaretz.com v Goldhar: Supreme Court rules on jurisdiction and forum in multi-jurisdictional Internet defamation claims – Natasha Holcroft-Emmess

10 07 2018

In Haaretz.com v Goldhar 2018 SCC 28, the Canadian Supreme Court considered jurisdiction and forum conveniens in a multi-jurisdictional Internet libel claim. The Court was divided – allowing the news organisation’s appeal 6:3. All of the Justices concluded that Canada had jurisdiction to hear the claim, but a majority found that Israel was a clearly more appropriate forum. Read the rest of this entry »





Google “Thumbs its Nose” at New Zealand’s Courts: Kiwis Should Look to Canada for a Precedent – Hugh Stephens

6 06 2018

Google is at it again. According to press reports in the New Zealand Herald, Google refused to comply with a New Zealand court order to suppress details and remove content related to a local murder trial because, according to a representative of Google NZ, “Google LLC, was a separate legal entity incorporated in the US, meaning New Zealand’s courts and laws held no power over it.” Tell that to the Supreme Court of Canada. Read the rest of this entry »





Online news trolls not as bad as we think – Maite Taboada

13 05 2018

File 20180504 166910 lbovv4.jpg?ixlib=rb 1.1Toxicity online seems pervasive. We encounter and hear about all manner of obscene language, insults and slurs. Some of it even comes from U.S. President Donald Trump. Much of his long list of attacks against people, places and things has been unfurled online. Read the rest of this entry »





Events: Defamation Law and the Internet Conference May 3rd, Register In Person or Live Webcast

12 04 2018

It has been said that almost every concept and rule in the field of defamation law has to be reconsidered in light of the Internet. The Law Commission of Ontario’s Defamation Law and the Internet: Where Do We Go From Here? conference considers whether or how defamation law should be reformed in light of fast-moving and far-reaching developments in law, technology and social values. Read the rest of this entry »