What is the test for establishing liability for third party defamatory material?
British Columbia, Canada
The following excerpt is from McKerracher v Neustater, 2022 BCSC 389 (CanLII):
I note that the test for establishing liability for third party defamatory material requires: (1) actual knowledge of the defamatory material posted by a third party; (2) a deliberate act that can include inaction in the face of actual knowledge; and (3) power and control over the defamatory content: Pritchard v. Van Nes, 2016 BCSC 686 at para. 108.
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