Home -> Law Blog Directory -> Legal Research Blogs -> Slaw.ca
(866) 635-2689 for Personal Injury or (866) 635-9402 for Criminal Defense
Find a Local Lawyer
Divorce (866) 635-6190
Personal Injury (866) 635-2689
Criminal Defense (866) 635-9402
Legal Research
: Slaw.caOnline Defamation ? Hyperlinked Content as ?Context?
By John Gregory
An English court has ruled that the material hyperlinked to an online article alleged to be defamatory can be read to put the article in ‘context’ to understand its meaning: Islam Expo Ltd v The Spectator [2010] EWHC 2011 (QB). (See the story on OutLaw.com.)
Despite the rather unusual statement by the judge that he took the hyperlinked material into account “without thereby intending to imply any ruling, one way or the other, as to whether that approach is right in law” (para 15), I don’t find what he did to be unusual.
Would not a Canadian court do the same thing? (Has a Canadian court already done the same thing? Para 11 of the judgment refers to a number of British Columbia authorities, which presumably refers to the cases involving links to defamatory material and whether that makes the mere reference to them itself defamatory. Crookes v Newton 2009 BCCA 329 is on its way to the SCC).)
If contracts can include hyperlinked clauses, which the SCC has said is similar to turning over a page to read the terms on the back, then surely publications that are alleged to be defamatory may have hyperlinked context.
It will be up to the court to decide if the context is any assistance. One can imagine links to material that is very remote from the substance of the defamatory publication. Indeed in the English case here, the court disagreed with the defendant (which had asked the court to look at the links) about the effect of reading them.
Is anyone surprised or concerned by this ruling?
Full post as published by Slaw.ca on August 10, 2010 (boomark / email).
Online Ticket Vendor
Buying Tickets Online That Never Arrive
Third Party Mobile Content Charges Settlement
Third Party Mobile Content Charges Class Action Settlement
Lip Gloss Keychains
for Lead Content
Tanning Salon Defamation
WDIO-TV pays undisclosed settlement after reporting false information about a business owner.
Mobile Content Class Action Settlement Announced
Mobile Content Class Action Settlement Announced
False Abuse Accusations
Boothbay Harbor Central School District pays shop teacher $320,000 defamation settlement.

High Court considers hyperlinked pages as context in defamation case
High Court considers hyperlinked pages as context in defamation case OUT-LAW.com
Hyperlinked Opinion: Ricci v. DeStefano
Online Defamation Update: Doctrine of presumed publication








