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Welcome to the Official Schedule for RightsCon Toronto 2018. This year’s program, built by our global community, is our most ambitious one yet. Within the program, you will find 18 thematic tracks to help you navigate our 450+ sessions

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Last updated: Version 2.3 (Updated May 15, 2018).

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Thursday, May 17 • 14:30 - 15:45
Reforming Intermediary Responsibility: Testing a Human Rights Centred Framework Beyond the Liability and Immunity Divide

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Countries around the world have sought a solution to the problem of internet intermediary liability, one which balances the need to control the transmission of illegal online content with the right to online expression. Most models, including the notice and takedown model in Europe, impose some degree of responsibility on intermediaries to mediate between those who post content and those who object to it. A key drawback to notice and takedown is that it places intermediaries in an adjudicative role and incentivizes content removal in order to minimize the intermediary’s risk of liability. An alternative is Canada’s notice-and-notice model under its Copyright Act which protects intermediaries against liability but does not offer a direct remedy to those harmed by infringing content.

Emily Laidlaw and Hilary Young have proposed a novel, middle ground approach to intermediary liability in the context of defamation, which they term notice-and-notice plus. Intermediaries would be responsible to pass on notice of defamatory content to the content creator. Only if the creator does not respond in a reasonable time would the intermediary then become responsible to remove the content. Intermediaries would not be required to play an adjudicative role and would not risk liability in defamation. Instead, if they failed to comply they would be subject to a statutory fine.

Notice-and-notice plus was proposed as part of the Law Commission of Ontario’s (LCO’s) Defamation Law in the Internet Age project. This is a large, multi-year research project being undertaken by the LCO, a leading Ontario law reform agency.

In this session, a group of stakeholders knowledgeable in intermediary liability will be invited to workshop Laidlaw and Young’s proposal. The goal is to sketch out the possible elements of the proposal, and its benefits and drawbacks, to determine whether notice-and-notice plus is a feasible and appropriately human rights-promoting approach to the issue of intermediary liability in the context of defamation. All registrants are welcome and will have an opportunity to provide input at the end of the session.

Moderators
avatar for Sue Gratton

Sue Gratton

Project Head, Defamation Law in the Internet Age, Law Commission of Ontario
Dr. Sue Gratton has been a research lawyer with the LCO since 2011. As Project Head, she has completed LCO projects involving small estates and forestry workers. She is currently Project Head of Defamation Law in the Internet Age. Sue spent the first 12 years of her career as a research... Read More →

Speakers
avatar for Sunita Bose

Sunita Bose

Head of Policy & Global Brand, Change.org
Sunita Bose established and leads the policy team at Change.org, an Internet platform that empowers 200 million of people worldwide to create petitions on issues that matter to them. She has led the redevelopment of the company’s Privacy Policy, Terms of Service, Community Guidelines... Read More →
avatar for Bertrand de la Chapelle

Bertrand de la Chapelle

Executive Director, Internet and Jurisdiction
avatar for Joris van Hoboken

Joris van Hoboken

Professor of Law, Vrije Universiteit Brussels & University of Amsterdam
internet-based service regulation, AI, algorithmic governance, platforms, automation in content moderation, intermediary liability, privacy, data protection, GDPR, data subject rights, freedom of expression, EU standards.
avatar for Daphne  Keller

Daphne Keller

Director of Intermediary Liability, Stanford Law School Center for Internet and Society
Daphne's work at Stanford CIS focuses on legally mandated notice and takedown systems, and how they affect Internet users' rights. She previously worked on the frontlines of this issue as Google's Associate General Counsel for Intermediary Liability. | Her work covers issues outside... Read More →
avatar for Emily Laidlaw

Emily Laidlaw

Associate Professor of Law, University of Calgary
I am an Associate Professor of Law at the University of Calgary. I spent almost ten years in the United Kingdom, where I completed my LLM and PhD at the London School of Economics and was a lecturer at the University of East Anglia Law School in IT, IP and media law. I research... Read More →
avatar for Paul Schabas

Paul Schabas

Partner, Blake, Cassels & Graydon LLP
Toronto based media lawyer - libel, privacy, censorship, copyright, intermediary liability, jurisdiction, human rights. Litigation partner at Blake, Cassels & Graydon LLP. I regularly act for Canada’s major media free expression matters and have been counsel on many leading media... Read More →
avatar for Hilary Young

Hilary Young

Associate Professor, University of New Brunswick
Interested in defamation & privacy online and offline.


Thursday May 17, 2018 14:30 - 15:45
201C

Attendees (107)