Gatekeepers And Online Defamation

The scourge of online defamation poses enforcement challenges for victims. So much so that there may be a temptation to begin looking for gatekeepers. The direction of the law appears to be ready to assist.

Consider, for example, the problem of the anonymous blogger. The path to justice requires a number of separate steps. Obtain an order requiring disclosure of subscriber information. Cajole the host of the blog to take down the content. Seek an order to validate service of proceedings on the blogger by email. Finally, pursue default judgment. In Manson v. John Doe, 2013 ONSC 628, the plaintiff followed that route and was awarded C$200,000 in damages and nearly C$50,000 in costs on a motion for default judgment. Whether the judgment will ever be satisfied is unknown.

A more direct route might be to seek compensation is to impose a gatekeeping function on the owner of the website. That...