Digital Expression - News

  • – 2009-09-16 –

    The British Columbia Court of Appeal has affirmed, in a divided decision, a lower court decision that merely linking to a webpage that may contain defamatory content does not amount to "publication" and so cannot support a claim for defamation.  The majority characterized a browser's active decision to click on a link as a "barrier" between the linking and linked sites that the overcome reader overcomes, not the linking site.

  • – 2008-10-28 –

    In an important win for free speech online, a B.C. court has ruled that merely linking to defamatory content on another website does not create liability, as long as the hyperlink is not made in a context that endorses the defamatory material.  The judge stated "although a hyperlink provides immediate access to material published on another website, this does not amount to republication of the content on the originating site.  This is especially so as a reader may or may not follow the hyperlinks provided."