Are libel laws threatening freedom of speech in Canada?

(alternate title of the round table?)

(sound bite:) Canada's libel laws are part of a centuries old legal tradition designed mainly for settling disputes between aristocrats - are they relevent to the information society? Canadian legal experts and two defendants of cyberlibel cases argue that it is time to change the system.

Where & When

Centre for Social Innovation

215 Spadina Avenue, Suite 120

3 rooms booked via Phillip Smith, from 3 - 5PM. Three rooms can hold about

30 - 40 (tight) people theatre style.

Note: Concert Fundraiser "Online Freedom of Speech" to follow at 8PM at the Rivoli (Rivoli Restaurant & Club, 332 Queen St. West, 5 mins walk from the CSI)featuring Aceface, Dennis O'Toole, Kobotown, Lindy, and Neil Leyton, with a special musical address by Jon Newton).

Participants

• Moderator: Rob Hyndman - http://www.robhyndman.com/
• Jon Newton http://p2pnet.net/story/9333. Jon will have statements from:
  • Phillipa Lawson of CIPPIC
  • BC media lawyer Dan Burnett who's representing Jon in his upcoming libel case with Kazaa boss Nikki Hemming (http://p2pnet.net/story/9333)
  • Jason Munning of Ten Mile Tide, the former Kazaa poster band which dropped its association with Sharman Networks and put its albums online for free to protest the libel action. http://www.p2pnet.net/story/9023.
• Jason Young of Deeth Williams Wall - http://www.dww.com/bios/jmy.htm
• Michael Pilling of OpenPolitics.ca: http://www.openpolitics.ca/tiki-index.php
• Russell McOrmond of Digital Copyright Canada: http://www.digital-copyright.ca/

Proposed Topics

• US journalism libel exception/protection extended to bloggers; UK government loses "McLibel" suit at the European Court of Human Rights; and how these international precedent-setting cases might apply to Canadian law.
• Overview of Canadian defamation law
• Current Canadian position on jurisdiction-shopping by defamation plaintiffs
• Current Canadian position on liability of the host for comments
• What is the appropriate standard for liability of the host? Does it / should it matter if the host is an "editor"?
• Should the law of defamation survive in a world in which anyone and everyone - not just the powerful - can have their own soapbox?
• If the victim of a bloglibel can immediately respond by commenting on the offending post, do we need the law of defamation to remedy the libel?
• Blogs are often a vehicle for the expression of opinions and not a source of facts or data upon which a reasonable person would rely. They are often full of subjective speculation and rhetorical hyperbole. Should such content be subjected to a different standard?
• (Others to be added)

Online resources

• US legal roundup: http://techlawadvisor.com/blog/2004/06/libel-blogs-round-up.html
• EFF Bloggers FAQ on online defamation law: http://www.eff.org/bloggers/lg/faq-defamation.php
• Wisconsin Lawyer: http://www.wisbar.org/AM/Template.cfm?Section=Wisconsin_Lawyer&TEMPLATE=/CM/ContentDisplay.cfm&CONTENTID=56211
• Wikipedia: http://en.wikipedia.org/wiki/Defamation#Canadian_law

Post-roundtable, there is a fundraiser being held around the corner at the Rivoli, organized by Fading Ways Music's Neil Leyton, for Jon Newton (p2pnet)'s defence fund. Jon is being sued by Kazaa's Nikki Hemming, for libel. Performers at the Rivoli are: Kobotown, Neil Leyton, Lindy, Aceface, Dennis O'Toole, and Jon Newton.

Additional Topic Suggestions

(Readers of the wiki feel free to propose more topics and questions here)

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Roundtable Planning Notes