Phaneuf, Cuthbert, and Lupul seeking damages from TSN & Tweeter

[dash_pinched]

Adrian Dater recently was turfed by the Denver Post for inappropriate tweets. Touch base with Mr. Dater if you don't think there are consequences regarding the content of your tweets.

[Quincy Egg]

There are some posters ITT that want this guy punished but have called Phaneuf a locker room cancer which would be defaming his character.

Weird.

[Resolute 14]

Originally Posted by afc wimbledon

The Guardian used to have a great talk board, possibly the best in the world if you were a politics junkie, it just closed without explanation a few years ago, mostly, it was surmised due to fear of law suits.

See-also the Flames website's former official forum. I forget why they shut it down though. I think the Muhammad cartoons controversy played a role though. Fortunately in the US, there is section 230 immunity (and hopefully something similar in Canada) for people like Bingo, but the mods here still have to be vigilant. Been there, done that too. It sucks.

As far as the tweeter goes, he is absolutely correct that TSN putting it to air is TSN's fault. But he is about to learn that getting his joke onto the air under TSN's brand is going to have a world of hurt for him too. If not soon, the apology and retraction will undoubtedly come when he is served with papers and realizes that being an internet tough guy really isn't worth it after all.

[FlameZilla]

Originally Posted by calgarygeologist

I don't understand why broadcasts and networks want to post twitter feeds on the screen anyways. It doesn't add any value to the broadcast or to the viewing public. They should just stop this practice altogether.

TV news is doing everything they think can to stay relevant. Pathetic. There's nothing more cringe-worthy than watching talking heads read out tweets live on air. Sidebar Twitter feeds are off-putting and pointless.

Hilarious that they let that Phaneuf/Lupul junk slip through the censors though. Maybe it'll lead to the end of the practice.

[Reggie Dunlop]

The Freeze Peaches crowd is out in full force.

[Regorium]

If I were him, I would not be scared of papers at all. He is legally protected, and can easily say that he was making a joke to his inner circle of friends (regardless of the @TSN or whatever he did). The lawsuit against the tweeter is a scare-tactic and a public shaming mechanism.

I'm glad he's standing up to the public shaming and bullying so far, but who knows. I'd say the real time for him to be scared is when internet warriors start doxing him and sending death threats to him and his family.

[dustygoon]

This tony guy is going to need to get a lawyer.

I see.....

A public hanging of a Twitter user

And this leaf players vs leaf Mngt vs leaf media about to come to a head.

[saillias]

Hey, if free speech applies I want to respond to that guy's post and insult his intelligence. "I hate libel and slander" might bet the Dumbest Thing I've read in 2015.

[CSharp]

So, is that tweet sloppy seconds (or thirds) true? That's definitely hot gossip! This is like a quad-some. How would you say that in French - manage-et-quatre? LOL

[bettman]

The arrogance of TSN. looks good on them.

[Fighting Banana Slug]

The guy is an idiot for not apologizing, no doubt, but I don't really see how or why he should be "cleaned out". It was a sophomoric joke that really does nothing to Phanuef/Cuthbert/Lupul's reputation, or did everyone actually believe him?

[Flames Fan, Ph.D.]

Originally Posted by Cleveland Steam Whistle

No they shouldn't. You can say what you want to your friends about whatever, you should not publicly be able to make up lies about people and send that out to the entire world, that's never what freedom of speech was about. There has to be accountability on people for publishing false statements about people and things.

The general public often struggles with that now with the internet and social media, but if you want to share your thoughts with the world from behind the safety of you key board, you need to realize that it's a different thing than simply cracking a joke to your buddies in a bar. More responsibility is required when you make your thoughts public for the rest of the world to see and reference after the fact, and that's not a bad thing.

I don't want to wade into this because I don't know the laws in Canada.

I'm superficially aware of the relevant cases in the US. Your bolded part dovetails into Larry Flynt's defense at the Supreme Court. Basically he got away with a parody ad in his magazine saying that Jerry Falwell had sex with his mother in an outhouse.

So good luck to Phaneuf et al. But in the US this would be a very steep hill to climb.

[sureLoss]

Video of TSN's apology

http://www.tsn.ca/video/is-kessel-s-...anted-1.221390

[Dr. Doom]

Yeah put me in the camp that says good for Phaneuf/Lupul/Cuthbert, the dude that sent that text is completely offside and ignorant.

However there is no way this guy is going to get in trouble for this.

At the end of the day it will be on TSN for airing it. They could be in deep trouble here.
And secondly Twitter in itself, the vehicle for the madness - if anything - would be held responsible. But it won't, because that's a massive gray area and we've seen a boatload of belligerent things said over twitter, by a number of people. That and it would be like taking on the world.

What about all of the racist comments towards Subban?
Or the terrible things said about Robin Williams to his daughter over twitter?
The list goes on and on I'm sure.

The point is - this comes down to TSN and the Leafs camp. They should not have aired that. Or as one poster has said we wouldn't be talking about this. They repeated it and BROADCASTED it as if it were truth = there is a real argument here.

Re: to the poster who wondered the value of these live tweet feeds in the first place, I have a feeling this example will have live twitter feeds running for the hills everywhere. Least in sports.

[Buster]

If I was a reporter, and I reported this story, and published the tweet as part of the story, would then I be open to getting sued?

Is this a legit news story?

If I were to lampoon the situation, and repeated the tweet as satire, would I get sued?

Should Danish newspapers be permitted to re-publish cartoons that offend some people?

Should we repeal whistle-blower legislation?

Should I be able to criticize the actions of a religious organization because it might cost them congregants?

[Blarg]

Originally Posted by Regorium

If I were him, I would not be scared of papers at all. He is legally protected, and can easily say that he was making a joke to his inner circle of friends (regardless of the @TSN or whatever he did). The lawsuit against the tweeter is a scare-tactic and a public shaming mechanism.

I'm glad he's standing up to the public shaming and bullying so far, but who knows. I'd say the real time for him to be scared is when internet warriors start doxing him and sending death threats to him and his family.

That may be true, but legal fees might bury him unless he's got some money.

[Ashasx]

Originally Posted by Buster

If I was a reporter, and I reported this story, and published the tweet as part of the story, would then I be open to getting sued?

Is this a legit news story?

If I were to lampoon the situation, and repeated the tweet as satire, would I get sued?

Should Danish newspapers be permitted to re-publish cartoons that offend some people?

Should we repeal whistle-blower legislation?

Should I be able to criticize the actions of a religious organization because it might cost them congregants?

The idea is that the tweet is unfounded and baseless.

Freedom of speech does not mean that you are immune to the consequences.

[Resolute 14]

Originally Posted by Buster

Blather

No, you don't get to dodge the question I posted to you. Would you have a problem if someone called your employer and told your co-workers that you raped a pre-teen girl?

[Southside]

I heard the rumour from a buddy in Toronto a few months back, so it isn't a new one, just got legs.

[Buster]

Originally Posted by Ashasx

The idea is that the tweet is unfounded and baseless.

Freedom of speech does not mean that you are immune to the consequences.

Actually, that's exactly what it means.