Defamation law continues to be in the news, with actions
recently being threatened or commenced against municipal and
provincial politicians in Ontario. The rise of the internet as a
medium through which anyone can (and many do) easily convey their
views to the world means that defamation law will likely continue
to be in the news. The internet is constantly offering new
ways for people to communicate their views to the world and, as it
evolves, Canadian courts will continually be addressing novel
issues.
One interesting question is whether a comment left on a blog
post can be defamatory. In Baglow v
Smith,1 the defendant wrote a comment on the
plaintiff's blog post suggesting that he was "one of the
Taliban's more vocal supporters". On a motion for summary
judgment brought by the defendants, the motion judge found that a
comment on a blog post can be a "publication" for the
purpose of a defamation claim. However, the motion judge
found that such a comment could