The non conformer's Canadian Weblog

August 9, 2008

Libel on the net

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Google will only remove defamatory material from Blogger when “the material has been found to be defamatory by a court, as evidenced by a court order,” according to Blogger’s terms of service.
 
and some  bloggers have been now denied any further access to  the net  to make any posts by the courts too..

 
 
It is still up to the courts or the Human Rights commissions  firstly to confirm, to define what is actually libelous, slanderous, a hate email message..  and someone’s else’s  statement and opinions  on the subject does not count. But to be on the safe side if you want to avoid court costs, ligation, if you are unsure if what you write is libel, slanderous, prosecutable better not post it on the net. Wrongfully accusing someone of posting a hate message or being a racists clearly can  be challenged in courts as a hate message itself and prosecutable.
 
 
Bashing Pentecostals Christians, evangelists,  on the net even by even the  fundamentals is a popular sport in the Roman coliseum it seems these days too   http://postedat.wordpress.com/2008/07/25/too-often-false-bash-of-pentacostals-healers/
 
It even seems too many professing, evangelical,  Christians still think they can  lie about, slander, abuse others, other Christians on the net too, and in Churches now too,  and they think can get away with it too, because the net is supposedly unregulated and churches..  and because of   their own right of free speech.
 
Free speech is a right you still have to use wisely, But one can be sued for libel on the net still in Canada according to the Queen’s courts, and this should applied now in Australia, Great Brian and other commonwealth countries now too. In Canada the RCMP certainly admits to monitoring the net.. While the Internet is in Canada unregulated by the government , the Police  courts still do regulate internet abuse. Of specific interest was the  continual ongoing consistency of deformation of character, personal attacks,  Libel, slander, bullying, the invasion of privacy too.
 
CP    VANCOUVER – A B.C. Supreme Court judge has awarded an Australian man  $180,000 for being the brunt of an Internet tirade conducted by a Nanaimo,  B.C., man.  The case involved the thorny question of how to crack down on  the lawlessness of online libel and slander.  Justice Douglas Halfyard  concluded defamatory statements along with the worldwide exposure of Robert  Griffin’s identity had serious and adverse effects on Griffin’s life and  mental health.  In his judgment, Halfyard found Patrick Sullivan responsible  for publishing four years of false and defamatory statements accusing “that  the plaintiff is a stalker, abuser, harasser, criminal, evil, liar, killer,  sexual predator, pervert, pedophile, coward, manipulator and hate monger who  threatens others with death and violence … and deserves to be jailed and  killed.”  Griffin’s lawyer Dan Burnett said most people don’t have the money  or stamina to fight against those kind of relentless Internet accusations.  “He felt it had to stop and the only way it was going to stop was to do what  he did which was commence the action and seek damages and seek an injunction  and essentially stand up to the bully.”  Burnett said the court award and  subsequent injunction stopping Sullivan from writing anything more about his  client is a warning to other Internet users.  “It illustrates that there is  a line, that when crossed, puts you into court and is a breach of the law.”  The whole situation started with postings on the Internet suicide website  ASH, in which participants discuss suicide and depression.  Griffin became  embroiled in a vicious dispute with several of the members of ASH, including  Sullivan.  The situation escalated when Sullivan published personal  information, such as Griffin’s age, his real name and the fact he lived in  Sydney, Australia. Griffin had been using the name Magnus Pym.  “I have  found that the defendant was, in many instances, indifferent to the truth of  the statements he was making,” Halfyard wrote of Sullivan.  “That is malice  and that is an aggravating factor.”  Included in the $180,000 award is  $50,000 for aggravated damages because Halfyard said the facts “demonstrate  that the defendant was motivated by an unjustifiable intention to injure the  plaintiff.”  Griffin has also been awarded $25,000 for breach of his privacy   and almost $5,000 for expenses which included psychological treatment and  counselling, and payment for interpreting services required to investigate postings on the Internet in Russia.  Sullivan, who acted as his own lawyer,  claimed some of the accusations were true, he raised the defence of fair  comment and also denied making some of the statements.  Sullivan could not  be reached for comment.  Halfyard didn’t agree with the arguments.  “The  defendant failed to prove that any of his many other defamatory statements  about the plaintiff were true. The defence of justification fails.”  Burnett  said the sweeping injunction is especially significant because it forces  Sullivan to stop referring in any way to Griffin and to remove all of his  ranting from the Internet.  “That’s in an Internet world where we think of  things going up and being irretrievable. If you’re the person putting it up  and you have the means to take it down the court might order you to do  that.”  http://ca.news.yahoo.com/s/capress/080717/national/internet_defamation

Blinked? Canadian Human Rights Commission Dismisses Complaint Against Maclean’s and even others.. [CNW, Press Release] Maclean’s magazine is pleased that the Canadian Human Rights Commission has dismissed the complaint brought against it by the Canadian Islamic Congress. The decision is in k… more »

Human rights protest shelved Calgary Herald
A win for free speech? Hardly National Post
Two Years and $100000 Later: Ezra Levant Complaint Dismissed by … Lifesite
National Secular Society – National Post
all 40 news articles » 

Canada’s  Supreme Court throws out libel case against outspoken B.C. talk show host   VANCOUVER — The country’s top court has absolved former Vancouver radio personality Rafe Mair of defamation for a commentary.   The Supreme Court of Canada decision in the defamation suit also broadened a key defence often used by journalists to ward off libel actions. In a 9-0 judgment Friday, the Supreme Court of Canada ruled that Mair was engaging in fair comment in the 1999 radio editorial that was critical of Kari Simpson, a high-profile player in a campaign opposing the use of teaching materials about gay lifestyles in local schools. In the course of the editorial, the controversial former radio commentator made references to the Klan, Hitler and skinheads, although he claimed he wasn’t saying that Simpson actually advocated violence against gays. The judge went on, however, to say that Mair wasn’t liable for damages because he held an honest belief in the views he expressed – one of the traditional elements in the legal defence long known as fair comment. The Supreme Court, in Friday’s judgment   went on to rewrite the legal test for such a defence.  There was no proof that Mair’s dominant motive was personal malice,   and thus “his expression of opinion, however, exaggerated, was protected by the law. “We live in a free country where people have as much right to express outrageous and ridiculous opinions as moderate ones.” A key component of the fair comment defence has long been that the person making the comment must sincerely believe in it. In the course of the ruling, however, the high court modified that test. Commentary must still have a factual basis, be made without malice and be in the public interest, said Binnie. But the test of honest belief is not whether the specific person holding the opinion believed it. The yardstick is whether any person might honestly hold the view based on the facts at issue. Binnie acknowledged that is “not a high threshold” for any defendant to met. But neither is it appropriate to rule out “a piece of devil’s advocacy” in any debate on a matter of public importance.  Mair, who no longer works at the station, said he’s glad they took the case to the high court. “This could be a enormous benefit to the journalism industry and therefore, to the people that read and watch it,” Mair said in Vancouver. http://canadianpress.google.com/article/ALeqM5jdP5CRF6hm0H_fuYFL_m6d_jI7GQ
 
Mind you the same radio station did not like all the bad publicity they got and the radio personality next lost his job anyway.

Anyway all Christians are governed by higher laws even that of showing  love to others, meekness too, humility and purity too… not just whether they can be sued for libel, slander..

“Our US Constitution is one of our greatest assets in the fight against terrorism. A free-flowing marketplace of ideas, protected by the First Amendment, enables the ideals of democracy to defeat the totalitarian vision of al Qaeda and other terrorist organizations.  That free marketplace faces a threat. Individuals with alleged connections to terrorist activity are filing libel suits and winning judgments in foreign courts against American researchers who publish on these matters. These suits intimidate and even silence writers and publishers. Under American law, a libel plaintiff must prove that defamatory material is false. In England, the burden is reversed. Disputed statements are presumed to be false unless proven otherwise. And the loser in the case must pay the winner’s legal fees. Consequently, English courts have become a popular destination for libel suits against American authors”   http://online.wsj.com/article/SB121599561708449643.html

Too many people  still do believe in their own sole right of free speech still but they  do next try to deny these same right of others by even threatening to sue them for libel, slander.. sound Familiar Mr Stephen Harper PM of Canada? or Bell Sympatico? or the Toronto Airport Fellowship Church pastors? Benny Hynn? etc.,’

The pastors of the Toronto airport fellowship Church and many other pastors, Christians groups on the net  had asked me in writing not to write to them, and what they can preach about the sins of others but I can’t do that to them? What hypocrisy on their parts now still too.  Even in the churches, evangelical pastoral sections there are much too many really bad unacceptable apples still out there.
 
 Too often now our personal rights in this country are now slowly being forcibly demanded to besidetracked to accommodate others wishes by control freaks too …
 
Imagine what Canada would be like if any of the church pastors, government forcibly told the citizens, the columnists, editors, commentators what they could and could not publish. Imagine if we had something like a Ministry of Truth, a Ministry of the Media, a Ministry of Thought. If that doesn’t scare you then you rightfully  scare me.
 
These bullying groups appear to be using any angle within the law, courts,  or their influence to try and become our ’superiors’ in some way.
  
It’s about time that truths that are unpalatable to certain sections of our society be allowed to be expressed. We live in a free country, with the right to freedom of expression and speech. Telling the facts does not constitute a ‘hate’ crime now as well. Only those people who want to curtail or own freedoms while they use theirs  would call this a hate crime. If these various groups or people cannot tolerate anyone’s free speech, or debate, why in the world are they living in the west?  If you don’t like the freedoms that are enjoyed by ALL citizens here, then go live in a country where theirs and your freedom  now is denied.  Without freedom of speech, and the freedom of the press we can no longer claim to be a democratic country. No one has the right to stifle the free dispensing of valuable information. Not even Evangelical pastors.  We must all be be vigilant against any attempts of demonic enslavement of us and the  false hindrances of our own rights.  “Those that try to silence honest, open, and free speech are a danger to this country. I hold that to be true. “
                 
Now in Canada even  I am very used to people the much too many Bullies who  try to falsely dominate you, and these bullies go overboard in their reactions when you expose the truth about them and others  especially when their pet idols, or careers are threatened.  Me I am still rightfully loudly actively resistant  to all of the  abusers, bullies, liars, even to the Church, GOVERNMENTAL, CORPORATE, POLICE  oppressions still too. Even those persons who falsely try to send lawyers or the police to my home to harass me, to try to intimidate me, to shut me up. I clearly do believe in the right of everyone to speak, to speak out as well,  and to be equally heard by all, so we can all judge what has been said if it is appropriate and we can next corresponding act upon it, even in the church, in the government, on the Internet now too. Clearly some people falsely DO DISALLOW THIS RIGHT… the bad persons especially as even I know this for sure. They respond with a personal attack, inquisition, censorship, lies, slanders, diversions, distortions, instead of facing, dealing with the facts, truths being presented. Confirming to many what they still are really like, immoral, abusive bullies.

Let’s face it in life there is a positive  and a negative personal management style
 
just as there  are good and bad persons, leaches included.. such as bad lawyers, bad cops, bad pastors, bad politicians too..
 

I am also fascinated as to how I can make the same post and get contrasting different responses to it..

(Eph 4:32 KJV)  And be ye kind one to another, tenderhearted, forgiving one another, even as God for Christ’s sake hath forgiven you.

  https://thenonconformer.wordpress.com/2008/08/09/libel-on-the-net/ 

Exemplary Public exposure and prosecution of the unrepentant  guilty persons serves everyone’s best interest
 
We ALSO do  still need to understand, define what abuse and what hate is, and an abuse is to deny a person’s legal, human rights, and hate is the clear opposite of love, meaning an unloving act.. Hate and  Verbal abuse unrestrained often next do lead to physical abuse in reality too.  And both hate and verbal, physical abuses are  all unacceptable at all times too no matter who you are or who you think you are too. .
 
but honestly critiquing  NOW certain individuals for their own unacceptable bad act is not always HATE. .
 
It is a false statement that if one makes any negative statement about Jews, Muslims, Arabs, white people, natives , etc., that one is  a racist or promoting hatred.. one can be  merely exercising one’s appropriate right of free speech, thought..
 
Now I had witnessed a Person committing immoral, illegal acts many times and when I rightfully reported it next to to the proper authorities, the clearly  guilty  person next  had distorted the truths and lying had said I was promoting hatred towards him and his family, which clearly now was not so. I was a witness of the immoral acts still, unacceptable wrong doings. 
 
Also I do not believe that everyone sets out to be a deliberate racist, it seems to be often merely a poorly thought out stupid mistake for 70 percent of the persons who do it, and many people once they realize what they have done next do even admit their errors and stop it, unfortunately there are the remaining few hate mongers who still do get carried away with their hatred, sins, who need to be incarcerated for their crimes so they can stop and learn not to do it..
 
(Rev 2:4 KJV)  Nevertheless I have somewhat against thee, because thou hast left thy first love.
 
(Rev 3:19 KJV)  As many as I love, I rebuke and chasten: be zealous therefore, and repent.
 
Cops too  seem to have it too easy in Canada, they do what they want, they abuse citizens and tend to get away with it too. Too many COPS, persons distort  the LAW. it’s meaning still too. 
 
“about the liars, thieves, ABUSERS, bullies, thugs, proud oppressors, war mongers “
 
THERE IS A  VERY BASIC COMMON MISCONCEPTION ON HOW TO DEAL WITH ANY PERCEIVED EVEN INJUSTICES, ABUSES, ANYWHERE, IN THE CHURCH AS WELL, BESIDES IMMEDIATELY CALLING THE LOCAL  POLICE..
 
THE NEW TESTAMENT IS CLEAR HOW TO DEAL WITH IT.. COMMUNICATION – AND YOU DON’T FIRST POST IT ALL ON THE NET.
 
First you merely ask the guilty, bad persons personally to repent twice, the first time without a witness, the second time with witnesses THAT you have asked them to repent.. and  detail  proof, substantiation is NOT required.. after you have done that you can next post it openly on the net, tell all the others.
 
Next God also is now fully free to deal with the unrepentant guilty offenders and believe me he will.. I have now been doing for decades too..
 
I SIMPLY SEND AN EMAIL, I PUT IT INTO CLEARLY WRITING, SO THE GUILTY PARTY CANNOT SAY I DID NOT ASK HIM OR HER TO REPENT.
 
WHETHER THEY ACKNOWLEDGE IT OR NOT TO GOD DOES NOT MATTER.
 
APPROPRIATE  PUBLIC EXPOSURE AND THE APPROPRIATE PROSECUTION OF THE GUILTY SERVES EVERYONE’S BEST INTEREST
  
FOR A GOOD NAME IS WORTH MUCH MORE THAN ANY AMOUNT OF SILVER OR GOLD AND A TARNISHED ONE IS WORTHLESS.

 

Now too often I myself also do not agree with the comments,  free speech, but I merely  tend to disregard it it next..

but what I do rightfully oppose still any and all free speech  especially on the so called Christian Churches Internet sites, that is   lying, slanderous, insulting, abusive, bullying, bashing.. such as the false bash of Pentecostals by the Brethren, Baptists, Reformed, etc., haters. Or the supposedly evangelical Baptist pastor who had said in the pulpit that he could not understand what Hitler did that was so bad, I helped to fire him , he now sells life insurance instead.. http://frank.mtsu.edu/~baustin/holo.html

( I heard a local Muslim recently say the same thing to me, he could not uderstand what Hiltler did that  was so bad?  and so I asked him what he thought next if I will posted a cartoon on the net with the picture of his so called prophet saying the same thing.. he next quickly got red and objected to it..)

and even here now we all do still have 2 free speech alternatives.. we can post our rebuttal, objections on their Internet site or ours..

or next even take the matter  further to the news media, or  before the provincial Human Right Commissions, and others too..

for not all justice is handled in the courts of Law or by a lawsuit.

Do see also

http://thefocusonthefamily.wordpress.com/2008/07/14/changing-yourself-first-positively/
http://thefocusonthefamily.wordpress.com/2008/07/03/verbal-abuse-is-always-unacceptable-too/
http://thefocusonthefamily.wordpress.com/2008/07/17/the-too-common-abusive-silent-treatment/
http://postedat.wordpress.com/2008/07/18/libel-2/
http://postedat.wordpress.com/2008/06/27/libel/
 http://postedat.wordpress.com/2008/07/07/control-freaks/
https://thenonconformer.wordpress.com/2008/06/15/bullies-free-speech/
http://postedat.wordpress.com/2008/07/21/the-pretender-imposter-wolf-in-sheep-clothing/
https://thenonconformer.wordpress.com/2008/07/21/hidden-agendas/
http://postedat.wordpress.com/2008/06/23/another-bully/
http://anyonecare.wordpress.com/2008/07/12/bad-pastors-bad-deacons-bad-elders-bad-church/
 http://postedat.wordpress.com/2008/07/25/woe-to-the-shepherds/
http://anyonecare.wordpress.com/2008/07/16/just-by-me-merely-observing/
 http://anyonecare.wordpress.com/2008/06/21/amazing/
http://anyonecare.wordpress.com/2008/06/21/equality/
http://anyonecare.wordpress.com/2008/07/03/christians-are-supposedly-to-be-different/
http://anyonecare.wordpress.com/2008/07/02/unchristian/       
 

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