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

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.