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ARTICLE · 17 SEPTEMBER 2014

Can A Comment On A Blog Post Be Defamatory?

Defamation law continues to be in the news, with actions recently being threatened or commenced against municipal and provincial politicians in Ontario.

CanadaLitigation, Mediation & Arbitration

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

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