The future of links is safe for now

The Supreme Court hall is where decisions like these are made or broken.

Andrew Terefenko

Opinions Editor

As I pondered on the ongoing international constriction of the internet, something happened to temporarily alleviate my fears over the phenomenon. The Supreme Court of Canada gave the final word on volatile dispute on Oct. 19, that posting a link cannot get you sued for libel.

The reason this was even being contested was a case in British Columbia where former Green Party campaign manager Wayne Crookes was seeking damages for “defamatory links” found on p2pnet, a site that prides itself on international news “without the spin.” Back in 2006, the owner of the site, Jon Newton, wr

ote an article on the Green Party and within the article, shared links to some sites, which themselves may have been defamatory, but were in no way affiliated with Newton.

Crookes' legal team made the case that by Newton publishing the links to his reputable website, he was himself responsible for any and all content on the linked site, and should be treated as if he published the linked articles himself. Newton's team fought back, saying that without explicit intent for defamation, a solid case could not be made against them or anyone in their position.

The truly disheartening fact of the matter is that in many cases, the internet is still being treated in the same way one would treat a magazine, newspaper or live broadcast. It is a mechanism so unique and uncompromising that I feel it foolish to hold it to the same laws that govern the mediums of Christmas past. Luckily, the Court made the distinction that it should not be held to the same standards as the standard mediums.

The Supreme Court ruling comes as a breath of fresh air, as it would be absurd to consider the precedent set in an alternate reality where Crookes got his way. Hyperlink-amalgamate sites such as Google and Bing would find themselves at constant odds with lawyers, as it is their very business to link to any and all things, both defamatory and otherwise. It’s a reality where the mere threat of libel could have a website lost in the vast expanse of the web, without any links joining it to the digital congregation.

The greatest aspect of this ruling comes from the reasoning the Supreme Court used to come to their decision. It was not on an individual basis that they decided Newton was absolved of these alleged crimes, but in fear of the larger consequences that would be upon us should they ignore his plight. The Court felt that holding someone liable for using hyperlinks would put internet use in Canada at great risk. “The internet cannot, in short, provide access to information without hyperlinks. Limiting their usefulness by subjecting them to the traditional publication rule would have the effect of seriously restricting the flow of information and, as a result, freedom of expression,” cited the ruling. They additionally did not wish for internet authors to be put in a great state of fear and paranoia, being wary of linking to any kind of relevant content in fear of liability through association.

What does this mean for Canada? It means that there are good, knowledgeable people who make and break the decisions that define our country. It means that internet use is not important just to the youth and recently young, but also recognized as essential to the old and black-robed in our society.

And what does it mean for the world? With the UN naming internet access a human right, we may just see a completely free, government-sponsored internet in our lifetime. It may be a stretch to consider such progress so soon, but with the sheer passion people show for their love of the internet, it is not an impossibility. My hope is that all people will have access to the same sort of internet that Canada currently enjoys.

So I write to thank the Supreme Court, and all those individuals who helped make this a reality. Thank you for educating yourselves on the importance of internet future, present and past. Thank you for treating the internet as its own entity, and not another arm of conventional media. Thank you for reminding me that our country is not a step behind the issues, but sometimes two steps forward. Thank you for preserving the internet so that those who come after me can appreciate it to the extent that I have.

There will be hurdles in the future as more people set on their single-minded mission of exploiting the world wide web for cash, fame and feuds, but for now I can catch my breath. I can catch it because I know there are people at the top who can see through the bullshit and let the internet breathe freely for another day.