73: Social Media Law (Maanit Zemel) - August 3, 2022

This week, we sit down with Internet law expert, Maanit Zemel, to chat about some of the most noteworthy topics in social media law.

Topics: the new tort of online harassment; the right to be forgotten; CASL constitutionality; and our Ask-Me-Anything Segment

Full Episode (1:04:21) Download      Transcript

⚫ How will the new tort of “online harassment” change the Internet landscape? (8:41)
⚫ How does the “right to be forgotten” apply in the Canadian context? (20:59)
⚫ How does Canada’s anti-spam law hold up against a constitutional challenge?  (31:13)
⚫ Our Ask-Me-Anything segment, featuring questions submitted by patrons of the Lawyered community (42:10)
🔵 What are some legal issues for prospective “Instagram influencers” to consider in their marketing? (42:44)
🔵 Do you have any practical tips for lawyers (and/or law firms) who are hoping to incorporate social media as part of their own practices? (45:02)
🔵 Elon Musk’s recent purchase of Twitter is reviving discussions about the role of government as it applies to regulating social networking companies. Do you see the role changing in Canada (or the US) and if so, how? (50:47)
🔵 How enforceable are legal challenges in the social media landscape given the complex geographic and jurisdictional issues? (54:50)

1. Online Harassment: A New Tort (15:17) Download

Caplan v. Atas, 2021 ONSC 670
Goldhar v. Haaretz.com, 2016 ONCA 515

2. The Right to be Forgotten (13:26) Download

Reference re Subsection 18.3(1) of the Federal Courts Act, 2021 FC 723

3. The Constitutionality of Canada’s Anti-Spam Legislation (14:08) Download

3510395 Canada Inc. v. Canada (Attorney General), 2020 FCA 103
3510395 Canada Inc. v. Attorney General of Canada, 2021 CanLII 15598 (SCC)

4. Ask-Me-Anything: Social Media Law (22:20) Download

🔵 What are some legal issues for prospective “Instagram influencers” to consider in their marketing?
🔵 Do you have any practical tips for lawyers (and/or law firms) who are hoping to incorporate social media as part of their own practices?
🔵 Elon Musk’s recent purchase of Twitter is reviving discussions about the role of government as it applies to regulating social networking companies. Do you see the role changing in Canada (or the US) and if so, how?
🔵 How enforceable are legal challenges in the social media landscape given the complex geographic and jurisdictional issues?

About the Guest:

Maanit Zemel is a founding Partner of Zemel van Kampen LLP, a technology law and litigation boutique firm in Toronto.

Maanit has over 16 years of experience in Internet and Social Media law and in commercial, regulatory and civil litigation, with particular expertise in online defamation, cyberbullying, Canada’s Anti-Spam Legislation, and privacy law. She is the sole Canadian member of the Internet Law Leadership Summit, an international organization of leading lawyers with expertise in Internet law.

Maanit has successfully represented clients before all levels of courts, including the Supreme Court of Canada. Her extensive litigation experience earned her a position as former Member of the Ontario Landlord and Tenant Board, where she adjudicated disputes between residential landlords and tenants.

In addition, Maanit teaches Internet Law and Business Law at The Toronto Metropolitan University (formerly Ryerson University) and the University of Toronto.

Maanit’s Full Bio
Maanit’s Email Address

 

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