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:Except that email can be forged

[iii_rjm]

So can papers and signatures. What is your point?

easily circumventable?

[wrinkledshirt]

IANAL, but I had to read up on this stuf in journalism classes. Couldn't the person have created one of those free anonymous web pages hosted in a foreign country with the libelous accusations, and referenced it with a hyperlink?

"Cmdr Taco eats babies" -- libelous

"Cmdr Taco eats babies, says Scandinavian Web Page" -- fair game?

Re:easily circumventable?

[wrinkledshirt]

But he does eat babies...

Heh, actually, there was (still is?) a provision in Canadian libel laws that said it didn't matter if you were reporting facts, but whether or not you were using those facts in an attempt to maliciously defame someone. Hard to prove that you're NOT doing this, and worse yet, the burden of proof that this was not the purpose of the published story relied upon the publisher. Good for curbing tabloid-style trash journalism, not so good for (eg) pointing out illegal practices by big Canadian-based companies in other countries.

Libel chill was (still is?) a big factor in Canadian media. It didn't matter if you were reporting a valid, newsworthy story. If the person being reported upon had deep pockets, and sensed that a story could hurt their image, they could lean on you to make sure that the story didn't come out. Worse yet, some smaller newspapers with intrepid reporters might have to have stories killed at the editorial level because the editor could sense what would or would not end up with a lawsuit landing on their doorstep.

Caveat Lector

[Doc Ruby]

But maybe it should be different. Libel in a signed, reputable publication is much more damaging than in anonymous email, as long as the readers can tell the difference. Which we still can. Email is likely to remain 99% crap, like everything else, so this victory really belongs to the old media, which now are judged according to the lower bar of email.

Re:I think the question on all our minds now is...

[MikeXpop]

He already did