Crookes had tried to claim p2pnet defamed him by merely linking to an article.
But in a ruling with implications for not only Canadians, but for everyone everywhere with a net account, the Court of Appeal for British Columbia has agreed with BC Supreme Court judge Stephen Kelleher’s decision that website owners aren’t responsible for defamatory content on other sites to which they’ve linked.
Representing me and p2pnet was Vancouver media lawyer Dan Burnett who said today »»»
This important case confirms that merely hyperlinking to a web page containing something defamatory doesn’t make you liable.
If you hyperlink and say something to support the defamatory statements, that’s different.
The Court of Appeal majority held that merely describing what the article is about along with your hyperlink is not enough to make the hyperlinker liable.
“The court also considered whether a number of hits can lead to an inference that some readers followed the hyperlinks and read the defamatory statements,” says Burnett, adding:
“The majority answered ‘no’, meaning plaintiffs need to prove more than simply a number of hits to prove publication.”
As I said the first time around, I was just an innocent (literally) spectator. The person who deserves the praise and kudos, and all of the credit, is Dan.
Crookes now has 60 days to file an application to appeal this latest ruling to the Supreme Court of Canada.
I’ll run the full decision tomorrow.
Click here to read it now.
Jon Newton – p2pnet
First they ignore you, then they laugh at you, then they fight you, then you win ~ Mahatma Gandhi
Stephen Kelleher’s decision – Wayne Crookes vs p2pnet: full decision, October 28, 2009
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