Cyberlibel Damages Awarded In Canada

mszeto writes "The Globe And Mail is reporting that an Ontario judge has awarded an archaeologist 125k$ in damages after someone smeared her using email. According to the lawyer: 'People seem to think there is a level of anonymity to e-mail and the Internet. And that it's a lawless area. And clearly it is not, nor should it be.'"

Comments

Re:Canada has loose libel right though?

[twoshortplanks]

Yes and no.

The burden of proof is on the defendant to prove what they wrote was true, but obviously this only happens after the plaintiff has proved beyond a reasonable doubt that the defendant did indeed write what they are accused of writing.

This is obvious. If someone libels me by writing that I committed a crime, then I don't have to prove that I didn't commit that crime in order to sue them - before they throw around accusations like that they have to be able to prove what they said (or I'd be considered guilty until proven innocent.)

Re:A scary prescedent?

[Spad]

Correct, you can claim that CmdrTaco is an asshole without any legal worries. However, if - for example - you claimed that he was an asshole because he was using the Slashdot subscription money to fund his drug habit, then you would open yourself up to a libel lawsuit.