The Supreme Court of Canada's Ruling on Hyperlinks

Emir Crowne, University of Windsor Faculty of Law, and Arif A. Mahmood have published Hyperlinks Not Defamatory According to Supreme Court of Canada, forthcoming in the Constitutional Forum, Centre for Constitutional Studies. Here is the abstract.

In Crookes v. Newton, 2011 SCC 47, a majority of the Supreme Court of Canada ruled that a hyperlink, by itself, cannot be defamatory, as it cannot be seen as a “publication” of the content to which it refers.

Download the article from SSRN at the link.