Jurisdiction Over Internet Defamation: Same Law, Different Facts In Haaretz v. Goldhar

On June 6, 2018, the Supreme Court of Canada considered the test for jurisdiction over an allegedly defamatory Internet article – the reputational effects of which can reach around the globe. But those who expected the Court's decision in Haaretz v. Goldhar to change the law on jurisdiction in the Internet age will be disappointed: while the defendants successfully obtained a stay on the basis that Israel was a clearly more appropriate forum, their success is attributed to the Court's fresh analysis of the facts – and not to new law. The decision leaves many (including the media) waiting for guidance on a jurisdictional test for a clearly more appropriate forum responsive to the realities of the Internet age.