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Material placed on a website and made available through the internet might not be a "broadcast" within the meaning of the Libel and Slander Act, R.S.O. 1990, c. L-12.
¶ 6 ....Section 7 of the Act provides that subsection 5(1) and section 6 apply only to "broadcasts from a station in Ontario". She makes no findings of fact, including no finding as to the essential question of whether the broadcasts were from a station in Ontario. On that basis alone, in our view, the application should have been dismissed. In addition, however, we note that the experts' opinions conflicted on a number of issues, including whether the word "dissemination" can properly apply to information distributed by internet and whether internet publication is immediate and/or transient. Summary judgment applications are not a substitute for trial and thus will seldom prove suitable for resolving conflicts in expert testimony particularly those involving difficult, complex policy issues with broad social ramifications.
¶ 7 The conflicting expert opinions raise considerations that are germane not only to deciding whether internet publications are a broadcast within the meaning of the legislation, but also to determining whether subsequent viewing of the internet message by third parties amounts to a republication of the material.
Bahlieda v. Santa, [2003] O.J. No. 4091, Ontario Court of Appeal, October 22, 2003
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