The Globe and Mail has an article about Chris “Zeke” Hand‘s case. I have written previously about the case here, the day after he received the letter from the lawyer. The story can be summed up to:
- Chris “Zeke” Hand, an art blogger who also has an art gallery, writes about a current crime story in Montreal and tells about an ex-gallery owner who was publicly associated with the suspect (in RadioCanada and Le Devoir),
- the ex-gallery owner sees the blog post as the top Google results for his name,
- he sues Chris for libel,
- Chris publishes the letter and all other materials,
- the fellow continues with further legal actions,
- judge is with the fellow and tells Chris to pay damages
As I understand it, Chris Hand expressed his opinion and linked to stories published on major news source, which the majority of bloggers is doing. This case proves that by doing so, you can be sued for your opinion and get the website shut down. The laywers can also force you to express public apologies and pay damages.
I thought this was not normal. We hear and read so much about first amendement from the South that I assumed it was the same thing in Canada. But after research, it seems “freedom of speech” is just a theory in Canada. For instance, American Journalism review says:
In the United States, the free press almost always prevails. Since 1976, when the Supreme Court voided a gag order on the news media in a murder case in Nebraska Press Association vs. Stuart, it’s been almost impossible for a trial court to control pretrial publicity, even if it might prejudice potential jurors. The high court said that “prior restraints on speech and publication are the most serious and the least tolerable infringement on First Amendment rights” and are presumed unconstitutional, especially if the information involved is derived from a public proceeding…
… Courts in Canada still occasionally impose publication bans and will hold news organizations in contempt of court if they violate them. The result is that Canadian journalists generally respect these orders.
Under current Canadian law, intermediaries can face potential liability for failing to remove allegedly defamatory content once they have received notification of such a claim, even without court oversight.
As a result, many ISPs and websites remove content in response to unproven claims, even if they privately doubt that the content is indeed defamatory. From the company’s perspective, there is no legal risk to remove the content, yet there is potentially significant risk for failing to do so.
In Montreal, Hugh McGuire wrote today:
The Montreal and Canadian blogging, free speech, rational people communities ought to be up in arms. I urge everyone to at least write about this to get this info out. It’s a real danger to all of us who write what we think online.
Today, I am in shock from the cases reported by American Journalism and in the Globe and Mail article, and asking myself questions on the validity of blogging in Canada. There is really no point continuing writing (on this blog for instance) if a judge took the fellow’s case seriously. Hugh is one of the rare bloggers who understood the importance of this case, but this is not enough. If this case don’t get dismissed, this means you will never see negative “opinions” on this website and that I should just consider some happy talk. And if that ever happens, Montreal Tech Watch will close.
Comments
Newsflash! There is no Freedom of Speech in Canada « Silicon Island June 18, 2007
[...] Fred 4:17 pm Apparently Canadian citizens do not enjoy freedom of speech protection. An article in the Globe and Mail today explores various lawsuits that [...]
Fagstein » Zeke’s Gallery scandal explained June 18, 2007
[...] Montreal Tech Watch [...]
Shot Across the Bow: Freedom of Expression in Canada « web1979 June 18, 2007
[...] June 19th, 2007 in Uncategorized A number of local bloggers, as well as the Globe and Mail’s Mathew Ingram, point to a story that should send [...]
hughmcguire.net · URGENT: zeke and a court injunction June 18, 2007
[...] UPDATES: – Heri’s take – Fagstein’s [...]
A Blogger's Agreement June 20, 2007
[...] week, I also posted about Chris’s case and then, I read more details the same day. Steve Faguy says it’s not a freedom of speech but [...]
Fagstein » Zeke maintains status quo in court June 21, 2007
[...] to Montreal Tech Watch and Hou-Hou Blog whose posts were used in evidence by the plaintiff. No mention of my huge post, [...]
Music-Band August 05, 2007
I was surfing the web and i saw this site, pretty cool.
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Can i link you from my site? im looking for quality content like yours. If no let me know if i can add u in exchange for a montly fee or something.
Publishing on the Internet and Canadian Law | Montreal Tech Watch August 18, 2007
[...] you missed the story, Chris blogged about another Montreal art gallery owner and linked to the National Post, Le Devoir and Radio-Canada articles which covered the [...]
John Newton January 16, 2008
John Newton February 01, 2008
Judge’s even state that “The truth is no defence” in a Canadian court.
A minimum wage store clerk was fined $3,500 by the Canadian Human Rights Association, because she thought she was entitled to Freedom of Speech. One man was sentenced to eighteen months in jail, he was 63 years of age. Canada has become a police state, and is now practising communism.
Brad Busch March 18, 2008
After living here for all of my 57 years I FEEL EXCLUDED AND DEMEANED , I cannot say Merry Christmas , our son of 27 is told he is LAST to get a job due to him being a white male! I cannot stand at a corner and wave a sign saying” If you do not like living here under our laws and beliefs then leave!” We have spent so much time trying to ensure we do not “offend” someone we have forgotten the many multi national Canadians living here for many many years and their rights and have EXCLUDED AND DEMAENED THEM!…….OH CANADA WHERE FOR ART THOWH!
Canada Shutting Down Free Speech Again « The IUSB Vision Weblog December 23, 2008
[...] iusbvision This time it is courts declaring bloggers guilty of “libel” for merely linking to published news stories and commenting on them as almost every blogger in the world [...]
Conny July 02, 2009
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