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Landmark Internet Libel Decision (Bangoura) Reversed by the Ontario Court of Appeal B.C. Court Follows Overturned Ontario Decision
On March 8, 2005, the Ontario Court of Appeal released its much anticipated Bangoura v. Washington Post decision. The Appeal Court reversed the lower court’s ruling that asserted jurisdiction over the Washington Post in a dispute over articles that were published online.
The plaintiff, Cheickh Bangoura, filed suit in Ontario against the Washington Post and three of its reporters in respect of two articles (published in its newspaper and on its website), which he alleged were defamatory. The articles were related to Mr. Bangoura’s conduct during his tenure with the United Nations in the Ivory Coast from September 1993 to December 1994. The articles made specific reference to Mr. Bangoura and alleged that his colleagues at the United Nations had accused him of sexual harassment, financial improprieties and nepotism during his posting in the Ivory Coast. At the time of publication, Mr. Bangoura was posted in Nairobi, Kenya, and was not an Ontario resident. When the action was commenced in April of 2003, more than six years after the publication of the articles, Mr. Bangoura was a resident of Ontario.
The issue before the Court was whether the Ontario court should assume jurisdiction in the case solely based on the fact that the articles were available online. In reversing the decision of the trial judge, the Court of Appeal concluded that there was “no real and substantial connection” between the action and Ontario and that it was not appropriate for an Ontario court to assume jurisdiction.
For a copy of the Court of Appeal decision, visit: