In the digital age, more and more alternative media – such
as blogs, Web clips or publications on social media – are
appearing online. The authors of such publications run the risk of
being sued for defamation when commenting or reporting on facts or
events, as the decision in
Bernèche v.
Vaillancourt1 shows.
In that case the Quebec Superior Court allowed an action in
damages against a journalist who conducted an online blog. The
Court concluded that the plaintiff had been defamed on the
Internet.
I–THE FACTS
The plaintiff Douggy Bernèche
("Bernèche") was actively
involved in the boxing world. He ran a boxing club and managed
several athletes. The defendant Gino Vaillancourt
("Vaillancourt") conducted a blog called
"Le Guerrier Moderne" (The Modern Warrior) on
which he reported and commented on various sports events. He had a
degree in public communications, and held himself out to be a
journalist.
