[Foundation-l] Canadia Supreme Court Finds in Favour of Hyperlinker

Risker risker.wp at gmail.com
Wed Oct 19 19:48:40 UTC 2011

Today, the Canadian Supreme Court found that an online writer who used
external hyperlinks could not be held liable for the contents of the
hyperlinked materials:


 Justice Rosalie Abella, who wrote the majority opinion, said,  “Only when a
hyperlinker presents content from the hyperlinked material in a way that
actually repeats the defamatory content, should that content be considered
‘published’ by the hyperlinker.”[1]

It is reassuring to see the Canadian Court supporting this particular
principle, one on which the Wikimedia projects are heavily dependent.  It
does, however, identify a boundary (repeating defamatory content) that bears
some watching.



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