Legal Research

Intermediary Liability

By John Gregory

I am wondering about the current Canadian rules on intermediary liability, if any — mainly for online intermediaries.

I note the provision of Quebec law (An Act to establish a legal framework for information technology, R.S.Q. c. C-1.1, s. 22.):

A service provider [...] is not responsible for the activities engaged in by a service user [...]

However, the service provider may incur responsibility, particularly if, upon becoming aware that the documents are being used for an illicit activity, or of circumstances that make such a use apparent, the service provider does not act promptly to block access to the documents or otherwise prevent the pursuit of the activity.

I don’t know of any such general-purpose or subject-specific statutory rule in the rest of Canada. The common law of innocent dissemination in defamation is similar, and I think that argument can work in copyright infringement too (but maybe I am confusing this with US law).

Are there other provisions of common law or statute that have a similar effect? Bill C-61 had a ‘notice and notice’ provision affecting ISPs. Does C-32 repeat it, or change it for the better or worse? I don’t think that provision ever made the service provider/intermediary liable directly, though, did/does it?

What am I missing? Any provision of federal, provincial or terrritorial law or the common law of any of the above jurisdictions would be welcome.

Full post as published by Slaw.ca on October 20, 2010 (boomark / email).