Want to stay current on e–commerce law? Sign up for Email Newsletter.
Ontario Court of Appeal Finds Online Defamation Warrants Increased Damages
In the recent decision of Barrick Gold Corporation v. Lopehandia, the Court of Appeal for Ontario found that libelous postings on the Internet are distinct and merit greater damages award from the Court. On appeal, the plaintiff/appellant, Barrick Gold Corporation argued that the defendant/respondent, Jorge Lopehandia engaged in a "systematic, extensive and vicious campaign of libel" over a long period of time. The defendant's campaign was conducted over the Internet through the postings of various alleged defamatory, false and embarrassing statements intended to inflict injury on the plaintiff's company, Barrick Gold Corporation.
While finding the defendant liable for injury to Barrick Gold Corporation's reputation, the trial Court awarded the plaintiff damages in the amount of $15,000.00 and dismissed the claim for punitive damages.
On appeal, the quantum of general damages was increased to $75,000.00 in addition to an award of $50,000.00 for punitive damages. In the opinion of the Court of Appeal, the Internet as a medium is virtually boundless, creating virtual communities and a potentially vast global audience and as such, defamatory statements published on the Internet have the potential to lead to "virtually limitless international defamation". Accordingly, an increase in the general damages award was deemed appropriate under the circumstances.
For a copy of the decision, visit:
http://www.ontariocourts.on.ca/decisions/2004/june/barrickC39837.pdf