Defamation Claim Against Twitter Allowed To Proceed In British Columbia

When defamatory statements are alleged to have been transmitted internationally via social media, the question of where to start a lawsuit is often a key issue. While a defendant should ordinarily only be sued in one jurisdiction, internet-based defamation makes this presumption difficult to apply fairly given the multiple countries where a plaintiff has a reputation to protect.

In Giustra v Twitter, Inc.,  2021 BCSC 54 (CanLII), the plaintiff commenced a lawsuit in British Columbia against Twitter claiming damages and an injunction for defamatory tweets authored by others. Some of the tweets described the plaintiff's alleged relationship with Bill Clinton, his alleged involvement in “pizzagate,” and other personal attacks accusing him of being in a pedophile ring. The tweets strayed far beyond political commentary.