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 »





Internet Platforms: It’s Time to Step up and Accept Your Responsibility (Or Be Held Accountable) – Hugh Stephens

7 04 2018

Canada’s Minister of Heritage Melanie Joly is but the latest political leader to awaken to the new realities of the Internet age. Those Internet giants, the “platforms” or “Internet intermediaries” that provide the interface between consumers and those who create and produce the content that users seek, have been getting a free ride in terms of contributing to content creation while scooping up the lion’s share of the advertising dollars. Read the rest of this entry »





Canada: Haaretz.com v Goldhar: Supreme Court set to pronounce on forum and jurisdiction in Internet libel claim – Natasha Holcroft-Emmess

14 02 2018

In Haaretz.com et al v Mitchell Goldhar (SCC case no. 37202), the Supreme Court of Canada is asked to decide whether the court in Ontario has jurisdiction to hear a defamation claim arising from an article widely published in Israel, but read online by a number of people in Canada. Read the rest of this entry »





Canada: Why governments must not block social media criticism – Justin Safayeni and Andrea Gonsalves

15 12 2017

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In the digital era, politicians and government agencies frequently find themselves the target of criticism on social media. There have been some startling news stories this year of public authorities blocking users or deleting unwelcome posts on social media sites, effectively silencing dissenting views in popular online forums. Read the rest of this entry »