Want to stay current on e–commerce law? Sign up for Email Newsletter.
Internet Libel Suit Targets Googles Blogspot and Wikipedia
Wayne Crookes, a former campaign manager for the Green Party of Canada, has filed suit for libel in British Columbia against Google, Wikipedia and others. The lawsuit is in connection with postings made by anonymous users on Google’s Blogspot.com, in an entry under Mr. Crookes’ name on Wikipedia, and by contributors to Openpolitics.ca, an online political forum run by Green Party activist Michael Pilling. The claims cast a very wide net of liability, naming as defendants not only the Internet intermediaries who hosted the offending posts, but also individuals and intermediaries who published or hosted links to the postings, alleging that linking constitutes republishing.
Although Wikipedia took down the offending material when requested by Mr. Crookes, it reappeared on two subsequent occasions. Each time, Wikipedia removed it upon request. Nevertheless, Mr. Crookes has alleged than Wikipedia should be held liable for failing to monitor its website to ensure the material did not reappear.
Mr. Pilling has stated that he intends to defend himself vigorously, noting that he is being sued for postings made by others and that the offending pages were promptly taken down from public view. A page on the Openpolitics.ca website currently displays a prominent apology.
Whereas in the United States Internet intermediaries are shielded from liability for defamation in certain circumstances by Section 230 of the Communications Decency Act, the law in Canada is less clear. In a recent article, Professor Michael Geist has recommended the adoption of similar statutory protections in Canada, on the grounds that liability should rest with those directly responsible and not comparative bystanders with deep pockets.
For additional information, visit:
http://www.thestar.com/Business/article/208639