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Alberta Court Finds Online Defamation Warrants Increased Damage Award
Alberta's Court of Queen's Bench, in a recent decision dealing with the issue of libel on the Internet, has held that the anonymous electronic postings of defamatory or libelous material warrant higher damage awards. In particular, the court found an author of defamatory online postings liable for general and punitive damages in the amounts of $50,000 and $25,000 respectively.
In this case, the defendant, Nick Weir, posted statements that included comparing the plaintiff, Robert N. Waldner, President and CEO of Vaquero Energy Ltd., to Saddam Hussein and Osama Bin Laden in a chat room operated by Stockhouse Media Corporation, a company providing financial information to its subscribers via a website.
In particular, the Court found that defamatory statements posted on the Internet are particularly odious because they are published instantaneously, world-wide and anonymous, resulting in a greater risk that defamatory remarks are believed. Reputations may be irrevocably damaged before the target of the threat becomes aware of it. By contrast, the Court found that people who read a defamatory article in a newspaper are more likely to discount the remarks based on the known bias of that newspaper.
For a copy of the decision, visit:
http://www.albertacourts.ab.ca/jdb/2003-/qb/civil/2004/2004abqb0068.pdf