Raise the Hammer

Ryan:

For the record, here is our take on what happened. It’s pretty simple.
If we published something that called, or even implied, someone is a racist, we would almost certainly be sued. Unless we could prove it was true, we would lose. There is ample precedent in Canadian law for such litigation.

That is what this has been about since the outset. It’s not about telling people what to think or read, protecting or filtering. It’s about allowing someone to make a false claim that defames another individual. When you published the post, I wrote you and said quite clearly that we have no reason or interest in influencing anyone’s behaviour, however we objected, strongly, to one of our employees being called a racist. All we ever hoped for, or asked, was that the allegation of racism be removed.

Andrew decided to write a column on the subject after discussing it with me and our lawyer. The purpose for having our lawyer involved was to make sure we were speaking accurately about what the law says. I can assure you, we never had any intent of taking legal action against you. That wouldn’t be a productive use of our time or resources.

We felt, and continue to feel, that fair comment is one thing, but there are limits that one should not be able to exceed, and calling someone a racist does so. Had the racist allegation been removed prior to posting or after once I complained, there would have been no issue.

There is no neutral carrier defence in Canada. Once an editor, be it a print editor or blog editor, makes a conscious decision to publish something, the editor/organization assumes legal as well as ethical responsibility for the content. That is not my opinion, or a reality I particular enjoy. It is clear Canadian law, period. Realizing you probably won’t believe this coming from me, I’d encourage you to check for yourself. There is one rule, and it applies to all of use, equally.

I continue to enjoy reading your blog (notwithstanding the constant MSM-bashing, some of which is unfair and inaccurate.) I know many other Spec people are also followers, and we all appreciate the work you’ve done and will continue to do to make Hamilton a better city.

Howard Elliot
Managing Editor
The Hamilton Spectator