Good news for bloggers

The Supreme Court of Canada ruled that simply making an online link to defamatory content created by someone else does not constitute publishing that content. This ruling means that bloggers and Twitter users are not breaking the law by merely linking to another site that contains libelous or defamatory material. It thus upheld the rulings of the B.C. Supreme Court and the B.C. Court of Appeal.

“The Internet, in short, cannot provide access to information without hyperlinks,” wrote Justice Rosalie Abella. “Limiting their usefulness by subjecting them to the traditional publication rule would have the effect of seriously restricting the flow of information and as a result, freedom of expression.”

The decision was unanimous. However, two justices warned that framing or endorsing the link as the truth or accurate could still be illegal.

“Combined text and hyperlink may amount to publication of defamatory material,” wrote Chief Justice Beverly McLachlin and Justice Morris Fish. “If the text communicates agreement with the content linked to, then the hyperlinker should be liable for the defamatory content.”

Civil Liberties organizations, Internet advocates and media lawyers all agree that outlawing linking would stem the pace of information online.

(Image courtesy of www.editorsweblog.org)