2021 May 10

Vivo Canadian Inc. v. Geo TV, 2021 ONSC 3402

The Ontario Superior Court of Justice held that a satirical television show broadcast in Pakistan and posted online on the defendant’s YouTube channel arguably defamed the plaintiffs, even though the full name of the corporate plaintiff was not mentioned and the individual plaintiff was not named in the broadcast.  The Court stated that evidence indicated the defendant “intended vast reproduction and circulation of its programming worldwide” and concluded the fact unauthorized third parties in Canada acquired the signal illegally from the U.S. should not protect Geo.  “That royalty fees are not collected by Geo should not insulate it from liability where, as here, republication is the natural and probable consequence of the original broadcast and of the authorization by Geo to broadcast in the U.S.”  In these circumstances, the Court rejected the defendant’s application for a summary judgment dismissing the lawsuit.