Online Service Provider Law - Canada

Canada

In Canada there is no legislation addressing liability for online service providers and few cases.

In Carter v. BC Federation of Foster Parents Association, 2004 BCSC 137, a case on a service provider's liability for an anonymous forum posting, the Court cited the US cases of Cubby v. Compuserve and Lunney v. Prodigy Services with approval for its editorial control test.

Where a defamatory statement is found a service provider may avail themselves to a defence of innocent dissemination as set out in the English case of Vizetelly v. Mudie’s Select Library Ltd., 2 Q.B. 17.

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