Let's imagine this situation: A website, let's call it TheScoop.org, publishes an article that, among other things, says that a high profile businessman named John Robertson is involved in an illegal drug ring. The article contains little to no actual evidence for this claim and relies on "some guy" as their source for the information. I'm sure we can all agree that the high profile businessman would at least have a case for defamation.
What if the following week, another website called HotBuzz.com writes an article that refers to the article published on TheScoop.org via hyperlink inside the text. Would HotBuzz.com also be guilty of defamation?
According to the Canadian Supreme Court, probably not.
The Court has just ruled that unless the hyperlink "presents content from the hyperlinked material in a way that actually repeats the defamatory content," a hyperlink does not equal publication. In effect, as long as you refrain from restating the defamatory content on your own site, feel free to link away.
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