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ARTICLE · 31 OCTOBER 2011

The Weakest Link: Supreme Court Of Canada Rules Against Defamation By Hyperlink

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Internet bloggers and advocates of freedom of expression have reason to celebrate the Supreme Court of Canada's decision in Crookes v. Newton, 2011 SCC 47, which held that merely hyperlinking to defamatory material online, without more, does not constitute publication of that content.

CanadaMedia, Telecoms, IT, Entertainment
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Internet bloggers and advocates of freedom of expression have reason to celebrate the Supreme Court of Canada's decision in Crookes v. Newton, 2011 SCC 47, which held that merely hyperlinking to defamatory material online, without more, does not constitute publication of that content.1 The ruling should also come as welcome relief to any company that posts links on its website to external sources, over the content of which it has no control. In a decision that otherwise had the potential to create a chilling effect on the flow of information online, the Supreme Court of Canada has now provided immunity to those who simply link to other, potentially defamatory, websites.

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