Taylor Mergui Secures Dismissal of Human Rights Claim Against Media Client

Human Rights Tribunal Confirms Media Content Is Not a “Service” Under the Human Rights Code

Our client’s successful jurisdictional challenge leads to dismissal of a human rights application.

In Brookes v. Mobilize Media Group Ltd., 2026 HRTO 1552, released October 20, 2026, the Human Rights Tribunal of Ontario (HRTO) dismissed an application against our client, finding that the Tribunal had no jurisdiction to hear a claim of alleged discrimination involving the republication of a news release.

Background

Our client operates social media properties that share information from news outlets and police releases about crimes and criminal proceedings. After it republished a police release and related news coverage about an individual’s arrest, police determined they had the wrong person.

The individual then brought an application against our client, alleging that the publication was discriminatory under the Human Rights Code in the social area of goods, services and facilities.

The Arguments

On behalf of our client, partner Ryan O’Connor argued that the HRTO lacked jurisdiction because media reporting and news aggregation are not services under the Human Rights Code.  He also argued that any claim of alleged discrimination ought to be directed against the police and not social media properties that simply republish news releases.

The Tribunal’s Decision

The Tribunal agreed with our submissions. It can only hear allegations of discrimination arising in one of the social areas set out in the Code, and it has consistently held that media reports are not a service within the meaning of the Code.

The Tribunal found that the allegations related entirely to the content of a media report, and that neither the platform’s format nor the subsequent requests for removal created a service relationship between the parties. The Application was dismissed.

Why This Decision Matters

This decision illustrates the limits of the HRTO’s jurisdiction over media publishers. Content published by a media organization, including on social media, does not on its own create a service relationship with the people it reports on.

This is an important decision vindicating the ability of social media users to republish Canadian news content - particularly in an era when Meta has restricted mainstream media from publishing on Instagram and Facebook.

Facing a Human Rights Application?

If your organization has been named in a human rights application, or if you are an individual who has faced discrimination or harassment in the workplace, early advice on jurisdiction and other preliminary issues can make a significant difference in achieving a favourable outcome.

Contact Taylor Mergui Law Group at 1-888-969-TMPI (8674) or visit our online form.

Past results do not guarantee future outcomes. Every case depends on its own facts.