Are We Asking Too Much from Defamation Law? Reputation Systems, ADR, Industry Regulation and Other Extra-Judicial Possibilities for Protecting Reputation in the Internet Age: Proposal for Reform
133 Pages Posted: 27 Oct 2017
Date Written: August 1, 2017
This research paper examines the question of whether we are asking too much of defamation law in a three-part paper focused on reputation, resolution and recommendations. The focus is on online defamation law. However, the kinds of resolution mechanisms explored in this paper potentially have a wider application. The research is couched in a broad internet governance framework, which is the backbone of my scholarly focus, and seeks to test what it would look like if various remedial mechanisms were deployed or incentivized through provincial legislation. The question is whether any such mechanisms improve access to justice or resolution for those who suffer reputational harm from online defamation. In other words, this paper seeks to answer the following question: given the reputational harms suffered in the digital age, what kinds of dispute resolution mechanisms would improve access to justice and resolution to complainants? This paper was commissioned by the Law Commission of Ontario as part of its project Defamation Law in the Internet Age.
Keywords: Defamation, Internet, Alternative Dispute Resolution, Online Courts, Intermediaries
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