Last Tuesday, the British Columbia Court of Appeal affirmed an important precedent-setting decision of the British Columbia Supreme Court regarding online defamation in Crookes v. Newton., 2009 BCCA 392. In the decision, Justice Saunders and Bauman found against the plaintiff Wayne Crookes who argued that the defendant was liable for linking to defamatory material online. Justice Prowse expressed a dissenting opinion. One can find more information concerning the decision of the Supreme Court of British Columbia in the article “Free Speech Online Buoyed, but Concerns Remain”.In the decision of the Supreme Court, Justice Kelleher dismissed Mr. Crookes’ action on the basis that the hyperlinks did not constitute ‘republication’ by comparing the hyperlinks to a footnote where the reader has no actual knowledge of the defamatory material. At the Court of Appeal, the judges addressed three points in their decision: whether or not there is a basis for finding a presumption of publication of the hyperlinked articles, whether or not hyperlinking is a form of publication, and whether or not one can infer publication to at least one party.