乘闲再说两句,有说诬陷的,有说诽谤的。
在不久之前,安省最高法院已经撤销了一起聊天室引起的诉讼,并宣布论坛是不同于报纸,杂志和书籍的公共聊天的媒介,各方面都能在上面发言辩论。
所以说网友们对LZ的支持是对LZ的不负责任会导致Minto的反诉,这纯粹是误导,长老也不要毫无根据地想当然嘛。
Blog vs. blog: Judge throws out defamation suit
Decision gives political bloggers new licence to slug it out
By Andrew Duffy, Ottawa Citizen September 13, 2011
Read more: http://www.ottawacitizen.com/techno...amation+suit/5394818/story.html#ixzz1bk5GPw5O
A recent court decision gives political bloggers new licence to slug it out online - and even employ the occasional low blow when the debate turns nasty.
Photograph by: File photo, Getty Images
An Ontario Superior Court judge has tossed out a defamation suit launched by an Ottawa blogger, Dr. Dawg, who claimed that an Internet chat room post damaged his reputation by calling him a Taliban supporter.
Justice Peter Annis's decision adds to the emerging body of law that governs the Internet's unruly marketplace of ideas. It gives political bloggers new licence to slug it out online — and even employ the occasional low blow when the debate turns nasty.
"If this decision stands, it makes a Wild West saloon out of the blogosphere: it becomes a place where normal defamation law seems to be suspended," said Ottawa's John Baglow, a.k.a. Dr. Dawg.
The retired bureaucrat and former executive with the Public Service Alliance of Canada vowed to appeal the decision. Annis ruled that Baglow was not defamed last year by a post that said he is "one of the Taliban's more vocal supporters."
The statement was made on the Free Dominion website in the course of an acrimonious debate - taking place on three websites over several days - about federal politics and the legality of Canadian Omar Khadr's military trial in the U.S.
Free Dominion, a chat site that bills itself as "the voice of principled conservatism," is operated by Mark and Connie Fournier, of Kingston.
In an interview with the Citizen, Connie Fournier hailed the judge's decision as an important victory for political bloggers.
"We feel the defamation law is outdated and really hasn't progressed with technology," she said. "So we think this is a step in the right direction: the judge acknowledged that a discussion in the blogosphere is a far different thing than publishing something in the Ottawa Citizen."
Online political forums are honest, passionate and conversational, Fournier said, and should not be held to the same standard as other published material. "If you do that," she said, "you're really opening the way for a lot of frivolous lawsuits: the courts could be overtaken by people saying, 'He called me an idiot'."
Baglow, a left-wing political blogger, sued the Fourniers after they refused to take down the post, made by Roger Smith, of Burnaby, B.C., on Aug. 11, 2010.
Baglow said the post unfairly equated his call for Khadr's repatriation with being a Taliban booster. Although opposed to the war in Afghanistan, Baglow said, he is a patriotic Canadian who considers the Taliban a dangerous, tyrannical regime.
The Fourniers, however, insisted the comment was a normal part of the rough-and-tumble blogosphere; they asked Annis to dismiss the lawsuit before it went to court.
In his recent decision, Annis sided with the Fourniers, ruling the case raised no genuine issue for trial.
Given that the posting amounted to an opinion, rather than a statement of fact, it was less likely to damage Baglow's reputation, the judge said, since opinions are not as readily believed.
What's more, Annis said, in the context of a political blog in which insults and invective are regularly traded, the comment was not defamatory.
The judge noted that former NDP leader Jack Layton was often referred to in the blogosphere as "Taliban Jack" without legal consequences. "No reasonably informed Canadian would conclude that Mr. Layton was defamed by being called Taliban Jack, understanding that this was simply a catchy label attached to him by conservatives to showcase what they consider the weakness of the liberal argument in this political debate," Annis said.
"Reasonably informed readers of these blogs would understand that labelling the plaintiff (Baglow) a supporter of the Taliban as performing the same function and would not consider the comment capable of lessening the reputation of the plaintiff."
The judge said the blogosphere offers a different context for libel than books, magazines or newspapers. Internet blogging, he said, is "a form of public conversation" that allows people to respond immediately to defamatory statements.
To that end, Annis said, Baglow could have removed the sting of the offending post by a rejoinder that set out his opposition to the Taliban.
"More importantly to the issue of context," the judge said, "the blogging audience is expecting and would indeed want to hear a rejoinder of this nature where the parry and thrust of the debaters is appreciated as much as the substance of what they say."
Instead of taking the opportunity to respond, however, Baglow assumed another Internet identify and raised the possibility of a lawsuit.
Annis suggested Baglow showed bad form by "walking off the blogging stage" instead of answering the insult, which he said was consistent with the contemptuous tone of other exchanges in the debate.
The ruling has received considerable attention in the ever-boiling blogosphere.
Baglow has already posted about it on his Dawg's Blawg: "Needless to say, the mudfish on the far right are having a frenzied wankfest over this decision," he wrote, "but I can hardly blame them for that."
On Free Dominion, Mark Fournier wrote: "He (Baglow) tried to get the court to financially ruin our lives because he doesn't like our website. That he lost is justice."
Read more: http://www.ottawacitizen.com/techno...amation+suit/5394818/story.html#ixzz1bk7lTzwn
王政曾代理我的案子. 因”某些”问题. 先我已将她投诉到法律协会(Ontario Law society). 目前有关于今年2月底到4月中旬间我多次CALL她办公室但无人接听电话只有留言机工作的事实被她否认. 我记得在此期间同样有人贴帖子找她好象是为续签的事,但也是总没人接听,后来是有人回应说是她回中国了. 但我现在却搜索不到那个帖子了. 有人可以帮忙吗或证明这件事吗? 谢谢! 我的EMAIL 信箱 : fengli8@yahoo.com
目前她在对法律协会的回复中不仅否认了所有的事实, 而且还陈诉说在她11年的律师生涯中,从未有人抱怨过她的服务(是事实吗?),也没有任何收费上的问题. 还说她从未做过任何广告, 由于她有很好的声誉,客户都是来自于他们的朋友和同事的推荐......但经过我的CASE,我相信被不恰当对待的人不会只有我一个.律师的职责应当是代表当事人的利益,在合理的范围内减少当事人的损失. 如果有其他人同样受到不恰当对待或由于她的行为造成损失的,也可以把你们的事例发给我信箱, 没有你们的同意我将不会对第三者透露任何个人信息.
我的投诉虽然已经不能减少任何我个人的损失. 我只希望不在有后人重蹈覆辙,遭受同样的不恰当待遇. 许多中国人来到这里,当受到委屈时由于语言上的难处也只好咽下. 但这里是一个公理的社会.我个人的力量虽微薄,但相信公理在!
On Aug 27 through 26, 2005, I published comments relating to Zheng Anderson, which I should not have published.
I now understand that Ms. Anderson did have staff working at her office when she was in China between March 9 and April 26, 2005 and my calls were returned.
I now understand from Ms. Anderson that no client of hers has ever complained to the Law Society of Upper Canada.
I now understand that Ms. Anderson was not advertising as of August 2, 2005. Ms. Anderson never said she did not advertise at any time.
Ms. Anderson did go to court with me. She did negotiate with the opposite party. She did do work for me. I was dissatisfied with Ms. Anderson’s services but cannot say I was “improperly treated”
Ms. Anderson left the country after the order was issued and entered.
那,你们继续吧,对不住,扫你们兴了,加油!
凡是在这里认真发言的, 我个人认为, 都是在帮助LZ
乘闲再说两句,有说诬陷的,有说诽谤的。
在不久之前,安省最高法院已经撤销了一起聊天室引起的诉讼,并宣布论坛是不同于报纸,杂志和书籍的公共聊天的媒介,各方面都能在上面发言辩论。
所以说网友们对LZ的支持是对LZ的不负责任会导致Minto的反诉,这纯粹是误导,长老也不要毫无根据地想当然嘛。
Blog vs. blog: Judge throws out defamation suit
Decision gives political bloggers new licence to slug it out
By Andrew Duffy, Ottawa Citizen September 13, 2011
Read more: http://www.ottawacitizen.com/techno...amation+suit/5394818/story.html#ixzz1bk5GPw5O
A recent court decision gives political bloggers new licence to slug it out online - and even employ the occasional low blow when the debate turns nasty.
Photograph by: File photo, Getty Images
An Ontario Superior Court judge has tossed out a defamation suit launched by an Ottawa blogger, Dr. Dawg, who claimed that an Internet chat room post damaged his reputation by calling him a Taliban supporter.
Justice Peter Annis's decision adds to the emerging body of law that governs the Internet's unruly marketplace of ideas. It gives political bloggers new licence to slug it out online — and even employ the occasional low blow when the debate turns nasty.
"If this decision stands, it makes a Wild West saloon out of the blogosphere: it becomes a place where normal defamation law seems to be suspended," said Ottawa's John Baglow, a.k.a. Dr. Dawg.
The retired bureaucrat and former executive with the Public Service Alliance of Canada vowed to appeal the decision. Annis ruled that Baglow was not defamed last year by a post that said he is "one of the Taliban's more vocal supporters."
The statement was made on the Free Dominion website in the course of an acrimonious debate - taking place on three websites over several days - about federal politics and the legality of Canadian Omar Khadr's military trial in the U.S.
Free Dominion, a chat site that bills itself as "the voice of principled conservatism," is operated by Mark and Connie Fournier, of Kingston.
In an interview with the Citizen, Connie Fournier hailed the judge's decision as an important victory for political bloggers.
"We feel the defamation law is outdated and really hasn't progressed with technology," she said. "So we think this is a step in the right direction: the judge acknowledged that a discussion in the blogosphere is a far different thing than publishing something in the Ottawa Citizen."
Online political forums are honest, passionate and conversational, Fournier said, and should not be held to the same standard as other published material. "If you do that," she said, "you're really opening the way for a lot of frivolous lawsuits: the courts could be overtaken by people saying, 'He called me an idiot'."
Baglow, a left-wing political blogger, sued the Fourniers after they refused to take down the post, made by Roger Smith, of Burnaby, B.C., on Aug. 11, 2010.
Baglow said the post unfairly equated his call for Khadr's repatriation with being a Taliban booster. Although opposed to the war in Afghanistan, Baglow said, he is a patriotic Canadian who considers the Taliban a dangerous, tyrannical regime.
The Fourniers, however, insisted the comment was a normal part of the rough-and-tumble blogosphere; they asked Annis to dismiss the lawsuit before it went to court.
In his recent decision, Annis sided with the Fourniers, ruling the case raised no genuine issue for trial.
Given that the posting amounted to an opinion, rather than a statement of fact, it was less likely to damage Baglow's reputation, the judge said, since opinions are not as readily believed.
What's more, Annis said, in the context of a political blog in which insults and invective are regularly traded, the comment was not defamatory.
The judge noted that former NDP leader Jack Layton was often referred to in the blogosphere as "Taliban Jack" without legal consequences. "No reasonably informed Canadian would conclude that Mr. Layton was defamed by being called Taliban Jack, understanding that this was simply a catchy label attached to him by conservatives to showcase what they consider the weakness of the liberal argument in this political debate," Annis said.
"Reasonably informed readers of these blogs would understand that labelling the plaintiff (Baglow) a supporter of the Taliban as performing the same function and would not consider the comment capable of lessening the reputation of the plaintiff."
The judge said the blogosphere offers a different context for libel than books, magazines or newspapers. Internet blogging, he said, is "a form of public conversation" that allows people to respond immediately to defamatory statements.
To that end, Annis said, Baglow could have removed the sting of the offending post by a rejoinder that set out his opposition to the Taliban.
"More importantly to the issue of context," the judge said, "the blogging audience is expecting and would indeed want to hear a rejoinder of this nature where the parry and thrust of the debaters is appreciated as much as the substance of what they say."
Instead of taking the opportunity to respond, however, Baglow assumed another Internet identify and raised the possibility of a lawsuit.
Annis suggested Baglow showed bad form by "walking off the blogging stage" instead of answering the insult, which he said was consistent with the contemptuous tone of other exchanges in the debate.
The ruling has received considerable attention in the ever-boiling blogosphere.
Baglow has already posted about it on his Dawg's Blawg: "Needless to say, the mudfish on the far right are having a frenzied wankfest over this decision," he wrote, "but I can hardly blame them for that."
On Free Dominion, Mark Fournier wrote: "He (Baglow) tried to get the court to financially ruin our lives because he doesn't like our website. That he lost is justice."
Read more: http://www.ottawacitizen.com/techno...amation+suit/5394818/story.html#ixzz1bk7lTzwn