Today, the Supreme Court of Canada granted CIPPIC leave to intervene in Crookes v. Newton. The case, on appeal from the B.C. Court of Appeal, has raised the issue of whether and under what circumstances posting a hyperlink to online content that contains defamatory statements can amount to publication of that content. The plaintiff, Crookes, argues that posting a hyperlink draws the reader’s attention to any defamatory statements contained in the linked article and this is sufficient to impose liability on the poster of the link. He argues further that, by nature and convention, by posting a hyperlink the author of an article intends to incorporate the linked content into the original article.
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