Volume I

Issue : 8: October 16, 2003

• Privacy Commissioner Rules on Three PIPEDA Complaints Filed Against Banks
• U.S. Court of Appeals Finds Right to Domain Name Contingent on Ongoing Conduct
• BC Supreme Court Finds Exchange of Emails Sufficient To Form Binding Contract
• U.K. House of Lords Rejects Common Law Tort of Invasion of Privacy
• BC Supreme Court Finds Election Gag Law Unconstitutional
• Web Radio Royalty Fees Upheld
• Two U.S. Court of Appeals Release Judgments on the Scope of the Immunity Provided to ISPs Under CDA
• U.S. Regulators to Take Action Against Online Pharmacies
• Ontario Court of Appeal Overturns Internet Libel Finding

Home > Volume I > Issue 8: October 16, 2003 > Ontario Court of Appeal Overturns Internet Libel Finding

Ontario Court of Appeal Overturns Internet Libel Finding

On October 22, 2003, the Ontario Court of Appeal overturned a controversial lower court finding that material posted on the Internet constitutes "broadcast" within the meaning of the Libel and Slander Act of Ontario (the "Act").

At the lower level, the motions judge had held that because the Internet uses the same infrastructure as radio and television and because material placed on the Internet via a website may be accessed by a large audience, such material constitutes "broadcasting" within the meaning of the Act.

However, the Court of Appeal disagreed with this finding stating that there were other issues in this case, such as the question of whether Internet publications are a broadcast, that need to be resolved at a trial and not on a summary judgment motion.

For a copy of this decision, visit:
http://www.ontariocourts.on.ca/decisions/2003/october/bahliedaC39974.pdf