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Internet Defamation Is a Hyperlink Publication
An action was brought before the British Columbia Supreme Court that asked the Court to determine, among other things, whether a hyperlink that led to articles containing defamatory materials constituted “publication of defamatory words”. In order to resolve the dispute, the Court had to determine whether the plaintiffs had to establish that persons actually followed the hyperlinks to the defamatory articles and read the alleged defamatory words. The Court held in the affirmative, and stated that publication is not presumed where statements are broadcast to the general public. Without proof that persons other than the plaintiff visited the defendant’s website, clicked on the hyperlinks, and read the articles complained of, there cannot be a finding of publication.
The Court also considered the issue of whether merely creating a hyperlink to defamatory material is publishing the defamation, and held that a hyperlink does not amount to republication of the content of the originating site, since a reader may or may not follow the hyperlink provided.
For additional information, visit:
http://www.courts.gov.bc.ca/Jdb-txt/SC/08/14/2008BCSC1424.htm