Author(s)

Publication Year

Publisher

ISBN: 9781552212035

Categories: ,

Cyberlibel

Cyberlibel: Information Warfare in the 21st Century? by David A. Potts brings years of research and experience in libel and slander law into focus on how individuals and organizations can gain the upper hand in safeguarding – or restoring – their reputation once it’s assaulted on the Internet.

The book examines caselaw from all common law jurisdictions including Canada, the US, the UK, and Australia and provides practical strategies that can be used in defamation actions related to the Internet. 
 Cyberlibel: Information Warfare in the 21st Century? includes the following topics in Canadian and international defamation law:

  • What makes cyberlibel issues unique from a legal perspective
  • How to remove a defamatory publication from the Internet
  • Defences available for those sued for cyberlibel
  • Whether rules of conduct apply to bloggers and Facebook users
  • What constitutes invasion of privacy and injurious falsehood online
  • The liability of search engines and other third parties
  • Emerging case-law defining cyberlibel

This book represents a vital reputation-management tool for organizations of all kinds – from corporations and professional associations to government agencies and not-for-profits.

David Potts

David Potts is a member of the Ontario bar and Counsel to Deacon, Spears, Fedson & Montizambert in Toronto. He has acted for both plaintiffs and defendants in libel actions including: major corporations, government, notable Canadian publications, as well as influential individuals and politicians. He is a frequent speaker on the subject of libel in Canada and abroad and is the co-author, with Julian Porter, of Canadian Libel Practice.

Chapter Title Abstract Contributors Pages Year Price

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Observations about what is cyberlibel and why it should be examined separately from defamation generally. 5 $0.50

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Description of how lawyers and judges, faced with cyberlibel problems, can use the book to obtain pertinent information. 3 $0.30

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List of 20 frequently asked questions about substantive law, procedure, advocacy and technical matters. 12 $1.20

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Restatement of the Supreme Court of Canada’s summary of the claim and defences of the law of defamation generally, and an outline of which chapters deal with which specific elements of a … 5 $0.50

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Description of how certain characteristics of the Internet give rise to legal issues relating to cyberlibel. 20 $2.00

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Discussion of how cyberlibel litigation differs from traditional libel litigation, and the consequences of those differences. 7 $0.70

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Discussion of how courts have approached the idea of adopting Internet-specific rules for defamation law, and arguments in favour and against. 17 $1.70

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Discussion of notice requirements and limitation periods for defamation actions generally, and their application to cyberlibel. 20 $2.00

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Discussion of principles and authorities relating to jurisdictional motions in cyberlibel actions. 40 $4.00

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Discussion of the problems arising in tracing and determining the identity and address of a defendant before commencing cyberlibel proceedings. 28 $2.80

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Discussion of the UK approach of staying or striking out cyberlibel actions as an abuse of process where there is a limited extent of publication or the prospect of vindication is small. 13 $1.30

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Discussion of principles related to damages in libel generally and to cyberlibel in particular. 21 $2.10

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Discussion of principles related to injunctive relief in cyberlibel actions. 21 $2.10

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Brief description of UK and South Africa legislation dealing with take down notices as a means of resolving defamation actions. 3 $0.30

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Discussion of the concept of publication for defamation purposes, specifically in the context of the Internet. 38 $3.80

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Discussion of defamatory expression based on literal meaning, inferential meaning, or legal innuendo. 8 $0.80

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Brief description of a UK case regarding the issue of whether words published on the Internet were capable of being understood to refer to the plaintiff. 3 $0.30

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Discussion of the defence of innocent dissemination generally and how it applies to cyberlibel. 9 $0.90

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Discussion of the defence of qualified privilege generally and how it applies to cyberlibel. 10 $1.00

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Discussion of the relatively new defence of responsible communication on matters of public interest and how it applies to cyberlibel. 9 $0.90

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Discussion of issues arising from the passage of information through intermediate computer systems in every Internet communication. 30 $3.00

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Description of Internet search engines and their potential liability in cyberlibel matters. 18 $1.80

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Examination of potential libel issues arising from the use of social network sites. 11 $1.10

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Discussion of principles and cases relating to the use of the Internet to disclose or misuse private information. 36 $3.60

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Charts of results of cyberlibel cases involving damages, injunctions, and jurisdictional motions; a judicial glossary of selected Internet terms; and an annotated bibliography on information warfare. 76 $7.60