Court of Appeal for British Clolumbia, Carter v. B.C. Federation of Foster Parent Assn., 2005 BCCA 398

Document type
Court Decision
The court held an operator of a discussion forum liable for the defamatory remarks posted by its participants because he did not contact his ISP and remove them within a reasonable time after being notified by the complainant. The court further confirmed that the defence of innocent disseminator (see SOCAN v CAIP above), is not available to a website operator once he has received a notice about the offending content. This case suggest that there is effectively a “notice and take down” regime that intermediaries must follow in order to avoid liability in a cyber-libel action.
Topic, claim, or defense
Defamation or Personality Rights
Document type
Court Decision
Issuing entity
Appellate Domestic Court
Type of service provider
Host (Including Social Networks)
OSP obligation considered
Block or Remove
Type of law
General effect on immunity
General intermediary liability model
Takedown/Act Upon Knowledge (Includes Notice and Takedown)