Law Commission of Ontario Releases Consultation Paper on Defamation Law in the Internet Age

This week, the Law Commission of Ontario launched province‐wide consultations for its Defamation Law in the Internet Age project.

As part of the process, it published a Consultation Paper on the issue.

From the Executive Summary:

"The LCO’s Defamation in the Internet Age project considers whether or how defamation law should be reformed in light of fast-moving and far-reaching developments in law, technology and social values (...)"

"Defamation law in Ontario has not remained static in face of these developments. In recent years, both courts and legislatures have responded to important issues and concerns in order to bring defamation law into the internet age. This approach, while obviously an effective means of addressing specific defamation issues, is not a comprehensive response to the far-reaching challenges posed by 'internet speech'."

"This project is designed to meet that challenge. The LCO’s project is the most comprehensive analysis of Ontario’s defamation law framework to date. It is designed to analyze the underlying purpose and function of defamation law and to update the law to reflect the social and technological developments that will continue well into the future."

"The issues addressed in the project and the Consultation Paper include:

• The law of defamation in Ontario today and its limitations;
• How the legal, technological, and social landscape of the early 21st century influences and challenges “traditional” defamation law;
• A consideration of the legal elements of defamation in light of “internet speech”;
• Access to justice in defamation matters;
• Privacy and its relationship to defamation;
• Internet intermediary liability; and,
• Alternative dispute resolution."

The consultation runs to March 30, 2018.