Hoben Electronic Publishing Co wishes to take proactive steps to insulate itself from potential liability for any libelous content it might inadvertently publish.It has noticed that Southern Ontario is particularly litigious.Accordingly,it has posted a notice on its website stating that residents of Southern Ontario cannot purchase or download content from the site.These are the only steps taken by the company.Although it had the opportunity to purchase software that would allow it to block access to residents of that region,it has chosen not to do so.Nor has Hoben engaged in further screening at the time of purchase and/or download.Nevertheless,the steps taken by the company are sufficient to avoid liability under the effects-based approach to determining jurisdiction.

Question

Quizplus · Accepted Answer

The steps taken by the company are not sufficient to avoid liability under the effects-based approach to determining jurisdiction. Simply posting a notice on the website does not provide adequate protection against potential libel claims from residents of Southern Ontario. The company should have taken further measures such as using software to block access or engaging in further screening to avoid liability.

Hoben Electronic Publishing Co Wishes to Take Proactive Steps to Insulate