Internet Liability in Québec Civil Law

Pierre Trudel, Internet Liability in Québec Civil Law, Report prepared for the 2008 Civil Law Seminar of the National Judicial Institute, Ottawa, June 13, 2008, 29 p. 

In Québec, An Act to establish a legal framework for information technology passed in June 2001 and which came into force in November of the same year, provides rules governing the liability of service providers acting, in various capacities, as an intermediary in the hosting, archiving, search or transmission of documents. These mles are set out in Sections 22, 26, 36 and 37. These provisions set out the rules to determine the liability of technical intermediaries. Theysupplement the general civil liability principles set out in Article 1457 of the Civil Code. Following a synopsis of the general principles governing liability of persons who decide to place infonnation online, we will focus on the scheme implemented in Quebec with respect to the liability of intermediaries pursuant to Section 26 as well as Sections 22, 36 and37 of the Act to establish a legal framework for information technology.

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