Category: internet defamation

Breeden v. Black and Éditions Écosociété v. Banro: Jurisdiction in Defamation Cases

In the companion cases of Breeden v Black, 2012 SCC 19 (“Breeden”) and Éditions Écosociété Inc. et al. v Banro Corp., 2012 SCC 18 (“Banro”), the Supreme Court of Canada clarified the manner in which courts should determine whether to exercise jurisdiction over multijurisdictional defamation claims involving foreign defendants. Although the decisions support the ability […]

Baglow v. Smith: Removing the Defamatory Sting From Online Debates on Blogs and Message Boards

Earlier this week, the Ontario Superior Court of Justice released its decision in Baglow v. Smith, 2011 ONSC 5131. The decision suggests that an allegedly defamatory statement made in a debate on blogs or internet forums may not be found to be defamatory if the plaintiff previously engaged in the debate but did not respond to […]

Warman v. Fournier et al: Balancing Disclosure, Privacy, and Freedom of Expression Interests in Internet Defamation Cases

While the internet provides users with an environment in which socially valuable anonymous speech can flourish, it also provides users with an opportunity to defame others behind a shield of anonymity. If these users can be identified, they may be held liable for defamation. Unfortunately for plaintiffs, the identities of these individuals are usually known […]

Grant v. Torstar and the defence of responsible communication: implications for bloggers and users of other online media

In the recent decision of Grant v. Torstar Corp., 2009 SCC 61 (“Grant”) and its companion case, Quan v. Cusson, 2009 SCC 62 (“Quan”), the Supreme Court of Canada sought to strike a more appropriate balance between freedom of expression and the protection of reputation by creating the new defence of “responsible communication on matters […]

Swartz v. Does: American and Canadian approaches to anonymity in internet defamation cases

A recent case illustrates that American jurisprudence is increasingly coalescing around a uniform approach to determine whether a plaintiff may compel the disclosure of an anonymous defendant’s identity in internet defamation cases. As discussed below, the Canadian experience has been different. In Swartz v. Does (“Swartz”) (see: judgement) a Tennessee state court held that plaintiffs […]

Distinguishing Twitter postings from other forms of communication in online defamation cases

The New York Times published an interesting article today about the growing number of defamation actions involving messages posted on Twitter (see: article). The article noted that the special characteristics of Twitter postings may distinguish them from other forms of online posting when it comes to defamation actions: [T]here are few prescribed social norms on […]

Buckle v. Caswell: Defamation on Blogs

A recent Canadian case offers another example of the legal dangers facing bloggers that post potentially defamatory statements. In the case of Buckle v. Caswell (see: judgement), Wayne Buckle – a senior Crown prosecutor – (the “Plaintiff”), sued Gay Caswell – a former member of the Saskatchewan legislature – (the “Defendant”), for defamation in connection […]

TCI Journal: The exposure of anonymous online speakers

A recent case illustrates the problem of allowing a court to expose the identity of an anonymous online speaker without first requiring the plaintiff to demonstrate a prima facie or even bona fide case of defamation. In late August, the California Superior Court issued a subpoena that compelled Google to disclose the identity of anonymous […]

Google forced to reveal identity of anonymous blogger

A former Canadian model, Liskula Cohen, (the “Plaintiff”) has received an order from Justice Madden of the New York State Supreme Court to force Google, the Defendant, to reveal the identity of an anonymous blogger that defamed the Plaintiff on a blog (see: text of judgement). The blog, called Skanks in NYC (the “Blog”), contained the […]

Google not liable for defamatory material in search results

In a recent decision of the English High Court in Metropolitan International Schools Ltd v DesignTechnica Corporation [“Metropolitan International“] (see: case), Justice Eady held that Google, the popular search engine, was not liable for defamatory material that appeared in its search results. More generally, Metropolitan International supports a common law principle that a person cannot […]

Twitter defamation litigation

A Chicago apartment leasing and management company (the “Plaintiff”) has sued a former client (the “Defendant”) in defamation for posting a message on Twitter, a social network that allows users to send and read messages (see: news article; statement of claim). Although the Defendant’s Twitter account was followed by no more than 20 people at […]