Proposed legislation in Australia to make Facebook and Google responsible for policing defamatory material on their sites is rather draconian, but I suspect it will lead to a reasonably balanced compromise that the rest of the world will want to follow. Australia is looking at forcing online platforms to reveal the identities of people with […]
Australia proves that Google and Facebook can be tamed Read More »
By Paul Russell, LegalMatters Staff • The reaction by Facebook to the consequences of a recent Australian court decision that makes online publishers responsible for third-party comments shows how defamatory content can be controlled, says Toronto defamation lawyer Howard Winkler. Early in September, Australia’s high court ruled that online publishers such as Twitter, Google and
Australia is winning the battle against Google and Facebook Read More »
By Paul Russell, LegalMatters Staff • A recent Federal Court decision has brought Google one step closer to being held accountable for the defamatory material it links to on the internet, though there is a simpler way the same result could be achieved, says Toronto defamation lawyer Howard Winkler. “I still don’t think we’re at
Court ruling a small step in closing Google’s ’gateway to harm’ Read More »
By Paul Russell, LegalMattersCanada.ca • Google has facilitated and profited from the proliferation of fake and defamatory online reviews about people and businesses so it is reasonable to expect the search engine giant to make greater efforts to remove those posts, says Toronto defamation lawyer Howard Winkler. According to a CBC news report, Google is
Google must do more to combat defamatory online reviews Read More »
By Paul Russell, LegalMatters Staff • The news media has mischaracterized the legal arguments put forward by a former lawyer for Donald Trump as she attempts to have a billion-dollar defamation lawsuit against her dismissed, says Toronto defamation lawyer Howard Winkler. It is alleged that Sidney Powell stated on television and in legal briefs that
Trump ex-lawyer’s defamation defence may not be so ridiculous Read More »
By Paul Russell, LegalMatters Staff • A recent decision by the Supreme Court of British Columbia is an important step toward holding online social media platforms responsible for the defamatory content they publish, says Toronto lawyer Howard Winkler. “I receive many calls a week from people who are the subject of fake reviews or false
Day of reckoning draws closer for social media platforms Read More »
By Paul Russell, LegalMattters Staff • A recent worldwide injunction issued by an Austrian court against Facebook concerning intellectual property rights may prove to be just as unenforceable as a similar Canadian action involving Google, says Toronto lawyer Howard Winkler. According to a report on TechCrunch, Austria’s Supreme Court recently ended “a long-running speech takedown
Worldwide social media injunctions may be impossible to enforce Read More »
The publicity surrounding a defamation lawsuit in British Columbia shows that attempts to silence a critic with legal action can sometimes backfire, says Toronto lawyer Howard Winkler. “Plaintiffs must think long and hard about the consequences of bringing a defamation lawsuit when the expression is in relation to a matter of public interest,” says Winkler,
Be careful what you wish for when it comes to defamation claims Read More »
Toronto lawyer Howard Winkler says he is hopeful his firm’s recommendations on defamation law reform find their way to new legislation. In April, Attorney General Doug Downey asked Winkler and other stakeholders to provide feedback about proposals contained in the Law Commission of Ontario (LCO)’s report titled Defamation Law in the Internet Age. He and
Five key recommendations on proposed defamation law Read More »
By Paul Russell, LegalMatters Staff • A recent Ontario Superior Court decision involving Ontario’s anti-SLAPP legislation shows why plaintiffs must carefully assess the cause of their damages before launching and pursuing a defamation lawsuit against defendants who write or speak about matters of important public interest, says Toronto lawyer Howard Winkler. “This assessment is critical
Another cautionary tale for plaintiffs: defamation lawsuits can be costly Read More »
