'War of the Words': Differing Canadian and American Approaches to Internet Defamation

Abstract

This article provides a comparative analysis of differing approaches to Canadian and American internet defamation 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, it provides the mechanics for unmasking anonymous defendants – John Doe applications, Norwich Pharmacal orders, injunctive relief. Finally, the paper outlines the key legal issues in the recognition and enforcement of Canadian and American cyberlibel judgments abroad, within the context of the libel tourism debate.

Keywords: defamation, libel, internet, jurisdiction, choice of law, anonymous, cyberlibel, Canada, United States, United Kingdom, libel tourism, First Amendment, free speech

JEL Classification: K13, K33, K41