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Censorship The Courts The Internet Technology Your Rights Online

Canadian Court of Appeals Decides Website Linking Isn't Libelous 75 75

inject_hotmail.com writes "I found this promising news over on Michael Geist's website: In an amazing display of wisdom and understanding, British Columbia (Canada) court of appeals (in a split decision) decided that it is not libelous to link to defamatory content. The judge stated that 'there is, in my view, no substantial difference between providing a web address and a mere hyperlink. Whether the hyperlink is a web address, as is often the case, or a more specific reference, both require a decision on the part of the reader to access another website, and both require the reader to take a distinct action, in the one case typing in a web address and in the other case clicking on the hyperlink. In other words, there is a barrier between the accessed article and the hyperlinked site that must be bridged, not by the publisher, but by the reader. The essence of following a hyperlink is to leave the website one was at to enter a different and independent website.' The case was brought about by B.C. businessman Wayne Crookes, who claimed that p2pnet had damaged his character by linking to websites with which he did not agree. Presumedly, the website with the actual content in question is outside of the purview of the Canadian courts; however, p2pnet is not."
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Canadian Court of Appeals Decides Website Linking Isn't Libelous

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