Dr.Dawg

Laws of defamation suspended for the blogosphere

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In a precedent-setting decision, a court has ruled against me in my lawsuit against Free Dominion owners Connie and Mark Fournier, and Peter O’Donnell, aka Roger Smith. A motion to dismiss the action without trial was granted by Mr. Justice Peter Annis of the Ontario Superior Court of Justice.

The nub of the judgement is that the test of defamation in the blogosphere is not commentary that might lower a person’s reputation in the eyes of an ordinary citizen—the relatively low bar in place for defamation anywhere else—but what might do so in the eyes of political bloggers.

In other words, the blogosphere is a kind of Wild West saloon in which different rules apply, and ordinary law is suspended.

Needless to say, the mudfish on the far Right are having a frenzied wankfest over this decision, but I can hardly blame them for that. I’ve expressed considerable Schadenfreude, after all, when things haven’t gone their way in court. Now it’s their turn.

As a veteran of the labour movement, I’m used to both winning and losing battles. I lost this one, and so it goes. My lawyer and I are considering our options, and I have no further comment at this point.

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This page contains a single entry by Dr.Dawg published on August 31, 2011 9:56 AM.

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