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ARTICLE · 11 APRIL 2012

Hyperlinks Do Not Constitute Publication Of Defamatory Material

Blake Lapthorn
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In October 2011, the Supreme Court of Canada ruled in Wayne Crookes and West Court Title Search Limited v Jon Newton (2011) SCC 47 that publishing a hyperlink on a website to a defamatory article will not give rise to liability for defamation.

United KingdomMedia, Telecoms, IT, Entertainment
Elaine Heywood
Elaine Heywood

In October 2011, the Supreme Court of Canada ruled in Wayne Crookes and West Court Title Search Limited v Jon Newton (2011) SCC 47 that publishing a hyperlink on a website to a defamatory article will not give rise to liability for defamation.

Newton owned and operated a website in British Columbia, Canada containing commentary about various issues, including free speech in Canada. On this website Newton posted various hyperlinks to other websites, which in turn contained defamatory content about Crookes and West Court Title Search Limited.

Crookes brought a claim for defamation against Newton alleging that he had defamed the company by publishing defamatory content on his website by using the hyperlinks.

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