Documente Academic
Documente Profesional
Documente Cultură
of Montreal:
Defamation in the Internet
Age
Me Allen Mendelsohn
December 7, 2016
droit dinternet???
Defamation 101
The act of harming the reputation of
another by making a false statement to a
third personA false written or oral
statement that damages anothers reputation
-Blacks Law Dictionary
Preliminary Matter:
the anonymous? poster
Internet Protocol (IP) Address:
xxx.xxx.xxx.xxx
Where xxx = #(0,255)
Preliminary matter:
Jurisdiction
Real and Substantial Connection test
Society of Composers, Authors and Music Publishers of
Canada v. Canadian Assn. of Internet Providers, [2004] 2
S.C.R. 427
Preliminary matter:
Jurisdiction
Breeden v. Black, 2012 SCC 19
Impugned statements were read,
downloaded and republished in Ontario by
three newspapers
Goldhar v. Haaretz.com, 2016 ONCA 515
Forum non conveniens argument. But
here Israel was not clearly more
convenient.
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Preliminary matter:
Jurisdiction - Quebec
eBay Canada c. Mofo Moko.
2013 QCCA
1912
Internet Defamation
Just because it happens on
the internet, it doesnt mean
the law doesnt apply
- Allen Mendelsohn, every media
interview hes ever done
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Internet defamation:
Common
Law
Grant v. Torstar Corp., 2009 SCC 61
1.the impugned words are defamatory, in the sense that they
would tend to lower the plaintiffs reputation in the eyes of a
reasonable person;
2.the words in fact refer to the plaintiff
3.the words were published, i.e., that they were
communicated to at least one person other than the plaintiff.
Defenses - justification (the truth), fair comment, responsible
communication, privilege, innocent dissemination
No malice - Hill v. Church of Scientology of Toronto,
SCR 1130
[1995] 2
2002 SCC 85
Internet defamation:
Civil vs. Common
Prud'homme v. Prud'homme
Accordingly, in Quebec civil law () conveying true
information may sometimes be a wrongful act. This is
an important difference between the civil law and the
common law, in which the falsity of the things said is
an element of the tort of defamation.
See also Gilles E. Nron Communication Marketing
Inc. v. Chambre des notaires du Qubec, 2004 SCC 53
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Internet defamation:
The tension
Prud'homme v. Prud'homme
it is important to note that an action in
defamation involves two fundamental
values: freedom of expression and the right
to reputation.
2011 SCC 47
2015
Criminal remedies?
Defamatory Libel
Criminal Code
298. (1) A defamatory libel is matter published,
without lawful justification or excuse, that is likely
to injure the reputation of any person by exposing
him to hatred, contempt or ridicule, or that is
designed to insult the person of or concerning
whom it is published.
300. Every one who publishes a defamatory libel
that he knows is false is guilty of an indictable
offence and liable to imprisonment for a term not
exceeding five years.
301. Every one who publishes a defamatory libel is
guilty of an indictable offence and liable to
imprisonment for a term not exceeding two years
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Criminal Harassment
s. 264 Criminal Code
264 (1) No person shall, without lawful authority and
knowing that another person is harassed or recklessly as
to whether the other person is harassed, engage in
conduct referred to in subsection (2) that causes that
other person reasonably, in all the circumstances, to fear
for their safety or the safety of anyone known to them.
(2) The conduct mentioned in subsection (1) consists of ()
(b) repeatedly communicating with, either directly or
indirectly, the other person or anyone known to them;
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Criminal Harassment?
Elliott v. R, 2016 ONCJ 35
The element that the fear be
reasonable in all of the circumstances
has not been established
I am not satisfied beyond a reasonable
doubt that Mr. Elliotts repeated
communications caused Ms. Reilly to
fear for her safety
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Summary practical
procedure
1.
2.
3.
4.
Thanks!
Questions?
allen@allenmendelsohn.com
allenmendelsohn.com
scribd.com/allen_mendelsohn
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