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ARTICLE · 14 NOVEMBER 2018

Whose Liability Is It Anyway? CRTC Issues New Guidance Regarding Liability For Aiding Or Inducing CASL Non-Compliance

Davies Ward Phillips & Vineberg LLP
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Section 9 can apply to almost any intermediary or provider of digital products or services.

CanadaMedia, Telecoms, IT, Entertainment
David Feldman
David Feldman
Zain Rizvi
Zain Rizvi
Anita Banicevic
Anita Banicevic
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Perhaps the most controversial feature of Canada's anti-spam legislation (CASL)1 is its broad approach to liability for various actors and intermediaries involved in electronic communications. As we have previously explained, persons may be liable under CASL if they "cause" or "permit" a violation of sections 6 to 8 of CASL (which prohibit, respectively, sending commercial electronic messages that fail to comply with certain form and consent requirements, altering transmission data in an electronic message without consent and installing computer programs without consent). In addition, section 9 of CASL prohibits any person from "aiding or inducing" others to engage in conduct that violates these provisions.

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