Internet Defamation: A Canadian Perspective
The Ontario - New York Legal Summit (Ontario Bar Association-New York State Bar Association- March 28, 2014)
36 Pages Posted: 17 Apr 2014
Date Written: March 28, 2014
This article provides an overview of Canadian internet defamation law (excluding Quebec civil law). It begins with a discussion of the elements of a cause of action and available defences. It then canvasses jurisdiction and choice of law issues. Following a review of notice requirements and limitation periods, the mechanics for unmasking anonymous defendants – John Doe applications, Norwich Pharmacal orders, injunctive relief – is provided. Finally, the paper outlines the key legal issues in the recognition and enforcement of Canadian cyberlibel judgments abroad, within the context of the libel tourism debate in the U.S. and U.K.
Keywords: defamation, libel, slander, internet, internet defamation, cyberlibel, jurisdiction, choice of law, recognition, enforcement, Canada, U.S., U.K.
JEL Classification: K13, K33, K41
Suggested Citation: Suggested Citation