[News] Patrick Kane being investigated for rape. UPD: DA announces no charges

[MBates]

Originally Posted by sureLoss

My recollection is loob posted a direct link to the website that posted the rumor along with the quote.

Having no knowledge of the incident you are referring to, for what it's worth, the Supreme Court of Canada has ruled that posting a hyperlink to defamatory content - which takes the reader back to the original posting - is not publication of the defamatory content.

http://scc-csc.lexum.com/scc-csc/scc.../7963/index.do

[sureLoss]

Originally Posted by MBates

Having no knowledge of the incident you are referring to, for what it's worth, the Supreme Court of Canada has ruled that posting a hyperlink to defamatory content - which takes the reader back to the original posting - is not publication of the defamatory content.

Is copying and pasting the original posting considered defamatory?

[Fan in Exile]

Originally Posted by Locke

Is the burden of proof not on the person making the allegation? Otherwise its just an unsubstantiated accusation?

Anyone can do that.

You are conflating a few different ideas in your posts. First of all, it is not hearsay. A person claims to be giving an account of something that happened to her. That could be enough to go to a civil or criminal trial. The issue would be the credibility of the person giving the statement.

I'm just saying that the statement should neither be assumed to be true or untrue. If she wants Kane to be convicted of sexual assault or to sue him, then the burden lies with her (and the prosecutor). But if Kane were to sue her for defamation, he would have the burden of establishing on a balance of probabilities that what she said was untrue. Lots of grey area there.

I'm not ready to assume anything one way or the other.

[Oling_Roachinen]

Originally Posted by sureLoss

Is copying and pasting the original posting considered defamatory?

That, I believe, was why Loob was named in the lawsuit for "publishing or republishing" the "news report."

[Weitz]

Originally Posted by Oling_Roachinen

With regards to the alleged incident, a couple people have checked the flight reports while using Toews and other team members twitter accounts and what appears to be the general consensus was the Hawks would have left LA before the alleged incident.

That was my first thought.

A quick look at the schedule they had 3 days off after that game. Wouldn't a team travel directly home after the game?

[Fan in Exile]

Originally Posted by codynw

No but it links directly to somewhere that has accusations, and that's still not good.

And I'm not saying whether I think it's true or not. Just pointing out that it might not be a good idea to discuss on here yet.

I don't disagree. But I also am quite certain it wasn't defamatory.

[CorsiHockeyLeague]

Originally Posted by Locke

Is the burden of proof not on the person making the allegation? Otherwise its just an unsubstantiated accusation?

Yes, but the statement itself is evidence. Whether it's convincing on its own is up for debate, but you can defend a defamation suit by saying, "everything I said is true. I have no way to back it up as the only ones there were me and the person suing me, but it all happened exactly as I say it". If the trier of fact believes you, you'll win.

[Split98]

If I was the owner of a site, I'd want to avoid as many controversial backlinks as possible.

Discussing something that can be found on the internet is one thing, but having CP pop up in search results would be detrimental for sure. Especially if this turns out to be baseless slander.

[CorsiHockeyLeague]

Discussing an allegation made by someone else is not libelous.

[Oling_Roachinen]

Originally Posted by Weitz

That was my first thought.

A quick look at the schedule they had 3 days off after that game. Wouldn't a team travel directly home after the game?

I think there's room for a 'vacation' in California during a November weekend if the team was pleased with the results of their team.

But again, according to twitter posts, team members like Toews had already reached home the next day and the flight likely left 2 hours or so after the game. I mean, that should easily be verified if someone from the team wanted to comment.

[MBates]

Originally Posted by sureLoss

Is copying and pasting the original posting considered defamatory?

Yes it absolutely can be. In fact, in the SCC case I cited, the minority opinion also addressed the fact that the text of your hyperlink could actually contain defamatory pieces of text...so that could also still get you in trouble.

[Cali Panthers Fan]

Jesus...can we just lock this thread until there is something serious enough to open it up again?

[MBates]

Originally Posted by Fire of the Phoenix

Whatever happened with that? Don't you have to prove loss of income/opportunity to sue for defamation?

In Canada, damages are presumed if you prove a publication was defamatory. How much you get would certainly be affected by whether you have proof of specific losses.

[Hackey]

Originally Posted by Cali Panthers Fan

Jesus...can we just lock this thread until there is something serious enough to open it up again?

Start a petition.

[Redlan]

Originally Posted by Oling_Roachinen

I think there's room for a 'vacation' in California during a November weekend if the team was pleased with the results of their team.



But again, according to twitter posts, team members like Toews had already reached home the next day and the flight likely left 2 hours or so after the game. I mean, that should easily be verified if someone from the team wanted to comment.

There was some inaccuracies in the timing as well, the game occurred on a Saturday and the the event described occurred "following" the game however it was later indicated that it was Sunday night prior to the work week.


Sent from my iPhone using Tapatalk

[codynw]

Originally Posted by Cali Panthers Fan

Jesus...can we just lock this thread until there is something serious enough to open it up again?

To quote you from November 7th.

Originally Posted by Cali Panthers Fan

Wow...this thread...

[Cali Panthers Fan]

^And? The discussion became about laws and legal precedent rather than this particular case or hockey in any way. It should have been moved to the off-topic forum at that point.

Seeing a lot more of that jargonist discussion being had today only further reinforces my point. Nothing in there hockey related, or even Patrick Kane related other than an unsubstantiated rumor.

[Fighting Banana Slug]

Yes, move to Off Topic and rename "Defamation jurisprudence". That should grab some eyes!

[Hackey]

If you dislike this thread that much just don't click on it. If you think there might be some new information you just need to know about search Patrick Kane on google. Problem solved.

[Fighting Banana Slug]

Originally Posted by Hackey

If you dislike this thread that much just don't click on it. If you think there might be some new information you just need to know about search Patrick Kane on google. Problem solved.

Generally agree with the bold, but I don't dislike the thread, as I would be very interested if there was news. I dislike that the conversation has nothing to do with the thread. Change the title, problem solved.