An article published on a web news site is not protected by the Press Act in Quebec. This is what the Court of Appeal said on the 18th of February 2019 in Guimont c Bussières. Defamation claims with respect to web news are based on the regular prescription period of one year.
The Press Act came in force in 1929 and, according to the Court of Appeal judge Suzanne Gagné, was not significantly changed ever since. Altogether with the Newspaper Declaration Act (originating from 1861), the two laws define very strictly what a “newspaper” is, leaving the Court no room for wide and general interpretation.
The judge Gagné noted that the approach of these laws might be out-dated, because at the time the legislator didn’t think of the internet. So the judge left it to the National Assembly to correct the situation. Actually, the judge noticed, the Press Act doesn’t protect radio or TV broadcasters either.
Unless the National Assembly makes any changes in the law, a lawyer should presume that one year continues to be the prescription period for defamation claims when it comes to the web-based news sites. For newspapers this period is only three months.
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