Canterbury Crafts Connection Company - Assignment Example

I would advise CCC to demonstrate this interest by appealing to the entire name of the company – Canadian Crafts Connexion Inc. and explaining the necessity of using the shortened name for the website. Therefore, CCC has a legitimate reason in this domain name, which allows it, under the law provisions, to preserve this name. In this case, I believe that there is no legal issue that should concern CCC in using this domain name for its further activity. 2. The lawyer of the painter requested in her letter the following: a) Taking the supposedly defamatory picture off the website b) Providing the personal information about the individual who had posted the picture online Regarding the first request, the defamatory character of the painting must be established in order to understand whether it is defamatory or not.

There is no exact legislation in Canada that would clarify this question; therefore, it is necessary to make analogies between the internet communications and the communications made via media. Publication or dissemination to a third party is essential to proving defamation. Posting the painting online means making it available and communicating the picture’s message to everybody. This raises the following legal issue: does the internet communication fall under the provisions of the Libel and Slander Act?

In the case of Bahlieda v. Santa, the judge held that a material posted on a web site is broadcast within the meaning of the Libel and Slander Act. The painting that was posted online resembled the controversial painter and made him look like a Nazi. In a courtroom, this fact might be read as a defamatory one. Therefore, CCC might be held liable for keeping the picture online. In this situation, I would advise CCC to take this picture off the website and be more careful in the future with the material posted online by its visitors.

The situation looks different regarding the second request of the lawyer, which is to disclose the personal information of the user that has posted this painting on the website. CCC must comply with the principles of PIPEDA which are: Accountability; Identifying Purposes; Consent; Limiting Collection; Limiting Use, Disclosure, and Retention; Accuracy; Safeguards; Openness; Individual Access; Challenging Compliance.