CMN 2170 Lecture Notes - Lecture 6: New Media

• School: University of Ottawa
• Department: Communication
• Course: CMN 2170
• Professor: Mark Lowes

Document Summary

Deep hyperlink: takes you to a very specific source. This case challenges: hyperlinks and the question of publication. Prove that the impugned words refer to the plaintiff. Once defamation has been proven and is established, what follows is that falsity and harm are presumed. > this is when the burden turns to the defendant to offer a defence and rebut the presumption of falsity. New media challenges the historical understanding of publication. The internet and communicating via the internet has required a modification to the traditional rule for publication. What is the new, modified rule for establishing publication. Any act which has the effect of transferring the defamatory information to a third person constitutes a publication. Crookes argues that a person who includes a hyperlink on a webpage has. Published any defamatory remarks because that person has done an act which has the effect of transferring the defamatory information to any third person who clicks the link.