My weekly Law Bytes column (Toronto Star version, BBC international version, homepage version) places the spotlight on this week’s fundraiser in support of P2Pnet.net, a British Columbia-based website that is being sued for defamation for comments posted on the site by its readers. The importance of the Internet intermediary liabilty issue extends well beyond just Internet service providers – corporate websites that allow for user feedback, education websites featuring chatrooms, or even individual bloggers who permit comments face the prospect of demands to remove content that is alleged to violate the law.
The difficult question is not whether these sites and services have the right to voluntarily remove offending content if they so choose – no one doubts that they do – but rather whether sites can be compelled to remove allegedly unlawful or infringing content under threat of potential legal liability. The answer is not as straightforward as one might expect since Canadian law varies depending on the type of content or the nature of the allegations.
