Crookes v. Newton

Crookes v. Newton

Appeal dismissed: a hyperlink alone does not constitute publication of defamatory content; liability arises only where the hyperlinker repeats the defamatory material or, in other formulations approved by the Court, where the hyperlinker adopts or endorses the linked content or where a deliberate act made the defamatory material readily available and a third party received and understood it on the balance of probabilities. The factual record did not establish publication here.

Citation
2011 SCC 47
Parties
Appellants: Wayne Crookes and West Coast Title Search Ltd.; Respondent: Jon Newton; Intervener: Canadian Civil Liberties Association; Intervener: Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC); Intervener: NetCoalition; Intervener: British Columbia Civil Liberties Association; Intervener: Canadian Newspaper Association and allied media intervener group
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 October 2011
Procedural Posture
Tort — Defamation (libel) / Appeal to the Supreme Court of Canada From British Columbia Court of Appeal; Judgment on Appeal
Outcome
Appeal dismissed
Legal Topics
Publication, Hyperlinks, Innocent Dissemination, Responsible Communication, Adoption/endorsement Test
Source Language
English
Torts Defamation Internet Law Charter Values — Freedom of Expression Publication Hyperlinks Innocent Dissemination Responsible Communication +1 more

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Parties

Wayne Crookes and West Coast Title Search Ltd.

Appellants

Jon Newton

Respondent

Canadian Civil Liberties Association

Intervener

Samuelson-Glushko Canadian Internet Policy and Public Interest Clinic (CIPPIC)

Intervener

NetCoalition

Intervener

British Columbia Civil Liberties Association

Intervener

Canadian Newspaper Association and allied media intervener group

Intervener

Procedural Posture

Tort — Defamation (libel) / Appeal to the Supreme Court of Canada From British Columbia Court of Appeal; Judgment on Appeal

Legal Issues

  1. 1 Whether creating or maintaining a hyperlink to allegedly defamatory material constitutes publication for defamation purposes
  2. 2 Whether publication can be inferred from webpage hits or other circumstantial evidence
  3. 3 What legal test should govern publication for hyperlinks and similar internet references

Ratio Decidendi

Appeal dismissed: a hyperlink alone does not constitute publication of defamatory content; liability arises only where the hyperlinker repeats the defamatory material or, in other formulations approved by the Court, where the hyperlinker adopts or endorses the linked content or where a deliberate act made the defamatory material readily available and a third party received and understood it on the balance of probabilities. The factual record did not establish publication here.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs