Is linking to libel the same as publishing libel?

UPDATE: The Supreme Court of Canada has ruled that linking to a defamatory website is not the same as publishing the defamatory material itself.

Wayne Crookes, a former Green Party campaign manager, sought damages from Jon Newton for defamation over links that appeared in an article posted on Newton's website on July 18, 2006.

Newton didn't repeat the allegedly defamatory remarks on his site, but links to two U.S. websites were posted without comment.

The B.C. Supreme Court dismissed the case saying links are like footnotes, not publication. Crookes's lawyer says linking to a website is an invitation and encouragement to visit the site.

The Supreme Court agreed with the lower court decision. "Given the core significance of the role of hyperlinking to the Internet, we risk impairing its whole functioning," Justice Rosalie Abella wrote in the decision.

The case could have ramifications for publishing on the web in Canada, especially in the age of push-button microblogging platforms like Twitter, which was just a few months old when Newton published the links.

Is linking to a defamatory website the same as publishing the defamation yourself? How should the Supreme Court rule? Tell us what you think.



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