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	<title>Comments on: Libel Chill featured on CBC</title>
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	<link>http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/</link>
	<description>News, Insights, and Humour</description>
	<pubDate>Tue, 07 Oct 2008 09:36:10 +0000</pubDate>
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		<title>By: Abandoned Stuff by Saskboy &#187; Blog Archive &#187; I guess Zorph was right - UPDATED</title>
		<link>http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-125784</link>
		<dc:creator>Abandoned Stuff by Saskboy &#187; Blog Archive &#187; I guess Zorph was right - UPDATED</dc:creator>
		<pubDate>Thu, 17 Apr 2008 05:44:30 +0000</pubDate>
		<guid isPermaLink="false">http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-125784</guid>
		<description>[...] Libel Chill for beginners. [...]</description>
		<content:encoded><![CDATA[<p>[...] Libel Chill for beginners. [...]</p>
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		<title>By: Libel &#187; Blog Archive &#187; Libel tourism update</title>
		<link>http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-37933</link>
		<dc:creator>Libel &#187; Blog Archive &#187; Libel tourism update</dc:creator>
		<pubDate>Tue, 28 Aug 2007 15:35:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-37933</guid>
		<description>[...] SB kindly demonstrates how a clueless commenter can unleash a can of worms if there is a libel-chiller in the pack reading (with a lawyer on speed-dial). If you’ve EVER left a comment about a Canadian on your blog, you could be sued. &#8230; &#8230;more [...]</description>
		<content:encoded><![CDATA[<p>[...] SB kindly demonstrates how a clueless commenter can unleash a can of worms if there is a libel-chiller in the pack reading (with a lawyer on speed-dial). If you’ve EVER left a comment about a Canadian on your blog, you could be sued. &#8230; &#8230;more [...]</p>
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		<title>By: Ken Chapman</title>
		<link>http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-36569</link>
		<dc:creator>Ken Chapman</dc:creator>
		<pubDate>Sun, 19 Aug 2007 16:07:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-36569</guid>
		<description>Scott - fairness in terms of capacity to defend yourself is not merly a function of the size of your bank account. We have lot of legal aid systems and pro bono work done by lawyers and many of them woul be eager to take a cse that makes new law.  

This in an issue about being a responsible commentator within the law and how does the Internet and Blogging impact and get impacted.

As for my stance on the Court Challenges Program - go to my Blog posting of April 21.  I value it highly and even helped take a case to the Supreme Court using it resources.   Here is the link 

http://ken-chapman.blogspot.com/2007/04/dion-wants-court-challenges-program.html</description>
		<content:encoded><![CDATA[<p>Scott - fairness in terms of capacity to defend yourself is not merly a function of the size of your bank account. We have lot of legal aid systems and pro bono work done by lawyers and many of them woul be eager to take a cse that makes new law.  </p>
<p>This in an issue about being a responsible commentator within the law and how does the Internet and Blogging impact and get impacted.</p>
<p>As for my stance on the Court Challenges Program - go to my Blog posting of April 21.  I value it highly and even helped take a case to the Supreme Court using it resources.   Here is the link </p>
<p><a href="http://ken-chapman.blogspot.com/2007/04/dion-wants-court-challenges-program.html" rel="nofollow">http://ken-chapman.blogspot.com/2007/04/dion-wants-court-challenges-program.html</a></p>
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		<title>By: Scott Tribe</title>
		<link>http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-36566</link>
		<dc:creator>Scott Tribe</dc:creator>
		<pubDate>Sun, 19 Aug 2007 15:39:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-36566</guid>
		<description>By the way Ken, this statement from you:

"Yes there is a potential for unfairness based on differences in capacity to defend oneself. Who said life is fair."

... is rather appalling. I take it you didnt care 1 whit when then COurt Challenges Programme got cancelled by the Tories - which gave some groups the ability to be heard before the Courts when they might otherwise not have been

Pardon me for saying this.. but that doesn't sound too progressive to me.</description>
		<content:encoded><![CDATA[<p>By the way Ken, this statement from you:</p>
<p>&#8220;Yes there is a potential for unfairness based on differences in capacity to defend oneself. Who said life is fair.&#8221;</p>
<p>&#8230; is rather appalling. I take it you didnt care 1 whit when then COurt Challenges Programme got cancelled by the Tories - which gave some groups the ability to be heard before the Courts when they might otherwise not have been</p>
<p>Pardon me for saying this.. but that doesn&#8217;t sound too progressive to me.</p>
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		<title>By: Scott Tribe</title>
		<link>http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-36565</link>
		<dc:creator>Scott Tribe</dc:creator>
		<pubDate>Sun, 19 Aug 2007 15:36:17 +0000</pubDate>
		<guid isPermaLink="false">http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-36565</guid>
		<description>Ken.. if you're suggesting that anyone can be sued for linking to a link who links to a link that may or may not be a libellous statement, then you're indirectly in favour of shutting down the whole internet. As the piece said, political bloggers is an endangered species if that occurs.

Canada's libel laws are very weak compared to the US's, and shows how out of date they are with the new medium known as the internet. I dont often call for us to imitate much of what is US law, but in this case, I think they have a much more sensible law hen we do. (Though to be honest, I think the lawsuit is oging to be dismissed as frivolous when it finally gets to court. Hopefully the bloggers being sued will still have enough financial resources to get that far).</description>
		<content:encoded><![CDATA[<p>Ken.. if you&#8217;re suggesting that anyone can be sued for linking to a link who links to a link that may or may not be a libellous statement, then you&#8217;re indirectly in favour of shutting down the whole internet. As the piece said, political bloggers is an endangered species if that occurs.</p>
<p>Canada&#8217;s libel laws are very weak compared to the US&#8217;s, and shows how out of date they are with the new medium known as the internet. I dont often call for us to imitate much of what is US law, but in this case, I think they have a much more sensible law hen we do. (Though to be honest, I think the lawsuit is oging to be dismissed as frivolous when it finally gets to court. Hopefully the bloggers being sued will still have enough financial resources to get that far).</p>
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		<title>By: Ken Chapman</title>
		<link>http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-36563</link>
		<dc:creator>Ken Chapman</dc:creator>
		<pubDate>Sun, 19 Aug 2007 14:32:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-36563</guid>
		<description>I read the Statement of Claim against Google that is part of this allegation of Libel Chill concerns of some Bloggers. It did not seen fivolous or vexatious to me.  The allegations are pretty serious especially if the comments in the Action were actually made and cannot be proven to be true.

The ultimate defense to claims of defamation is that the alleged statements, if made, were true.  If you are prepared to make serious allegations you better be able to prove them to be true. 

It might be informative if some folks rented the old movie "All the President's Men" on Watergate/Nixon and the Washington Post showing journalism at its finest hour to understand the due diligenece demands required of reporters and publishers - a.k.a. Bloggers. Every blogger is a journalist and a publisher and those roles come with responsibilities.

I think this legal action will be a good thing for Bloggers and blogging - presuming it goes to trial.  It will hopefuly set some clear law especially on the inter-relationship of sites and the duties and liabilities of Bloggers using hyperlinking and if it is a further publication of content.</description>
		<content:encoded><![CDATA[<p>I read the Statement of Claim against Google that is part of this allegation of Libel Chill concerns of some Bloggers. It did not seen fivolous or vexatious to me.  The allegations are pretty serious especially if the comments in the Action were actually made and cannot be proven to be true.</p>
<p>The ultimate defense to claims of defamation is that the alleged statements, if made, were true.  If you are prepared to make serious allegations you better be able to prove them to be true. </p>
<p>It might be informative if some folks rented the old movie &#8220;All the President&#8217;s Men&#8221; on Watergate/Nixon and the Washington Post showing journalism at its finest hour to understand the due diligenece demands required of reporters and publishers - a.k.a. Bloggers. Every blogger is a journalist and a publisher and those roles come with responsibilities.</p>
<p>I think this legal action will be a good thing for Bloggers and blogging - presuming it goes to trial.  It will hopefuly set some clear law especially on the inter-relationship of sites and the duties and liabilities of Bloggers using hyperlinking and if it is a further publication of content.</p>
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		<title>By: Saskboy</title>
		<link>http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-36470</link>
		<dc:creator>Saskboy</dc:creator>
		<pubDate>Sat, 18 Aug 2007 21:35:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-36470</guid>
		<description>That is a curse... to be doomed to a room full of lawyers ;-)</description>
		<content:encoded><![CDATA[<p>That is a curse&#8230; to be doomed to a room full of lawyers ;-)</p>
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		<title>By: Ken Chapman</title>
		<link>http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-36469</link>
		<dc:creator>Ken Chapman</dc:creator>
		<pubDate>Sat, 18 Aug 2007 21:31:28 +0000</pubDate>
		<guid isPermaLink="false">http://www.abandonedstuff.com/2007/08/17/libel-chill-featured-on-cbc/#comment-36469</guid>
		<description>There is an ancient curse that says: "May you be involved in a lawsuit where you are in the right."</description>
		<content:encoded><![CDATA[<p>There is an ancient curse that says: &#8220;May you be involved in a lawsuit where you are in the right.&#8221;</p>
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