On March 31, 2025, La Presse inc. secured a preliminary dismissal from the Commission d'accès à l'information du Québec regarding a request to remove an individual's name from five news articles published on its website and de-index the hyperlinks to those articles. The applicant relied on section 28.1 of the Act respecting the protection of personal information in the private sector (the “Private Sector Act” or “Act”), which, under certain conditions, allows a person to request the cessation of the dissemination of personal information or the de-indexation of a hyperlink.
La Presse argued that the articles in question constituted journalistic material communicated for the legitimate purpose of informing the public and were, therefore, excluded from the application of the Act. The Commission accepted this argument and concluded that the articles were not subject to section 28.1 and, accordingly, it lacked jurisdiction to order the removal of the applicant’s name or the de-indexation of the hyperlinks.
The decision confirms that the journalistic material exception set out in section 1 of the Act also applies to the new framework governing the cessation of dissemination and de-indexation under section 28.1. Among other things, the Commission found that it had no jurisdiction to order a news media outlet to modify the content of its articles and emphasized how doing so would raise issues concerning freedom of expression and freedom of the press. A significant precedent for the media industry.
Fasken represented La Presse in this matter with a team that included Christian Leblanc and Patricia Hénault.
Jurisdiction
- Québec
