Canadian Supreme Court To Hear Case Over Liability For Linking To Defamatory Information
from the linkety-link dept
Thankfully, both the district court and the appeals court said that just linking was not defamatory, but the reasoning was a bit odd, and left some potential issue open. Now, as a bunch of folks have submitted, the Canadian Supreme Court is gearing up to take on the issue. There are really two questions here: whether or not the initial link is defamation, and secondarily, whether or not it becomes defamation if you refuse to take down the link after being alerted to it being defamatory.
In the US, Section 230 of the CDA protects website publishers in both cases. In Canada, the law is not at all clear on this issue, and there's a very real threat of a pretty massive chilling effect if the Supreme Court decides that linking (or even refusing to take down a link) can constitute defamation. Hopefully, the Supreme Court agrees that merely linking should never be seen as defamation -- and preferably, the Canadian Parliament makes this doubly clear by putting in place some basic safe harbors as well.