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

[Locke]

Originally Posted by Flames Fan, Ph.D.

Slander and libel had good runs, but their existence just got wiped out by the Supreme Court of CP. Legal analyses on this landmark legislation coming up during the second intermission...

Yes....finally I can say all the awful, hateful things about you jerkfaces that I've always been meaning to say!!

MOD EDIT: No. Just...no.

[Resolute 14]

Originally Posted by Flames Fan, Ph.D.

All kidding aside though, if this went to court in Canada, am I correct in assuming that it's not sufficient for it to be false and that Phaneuf et al would have to show actual harm?

In other words, it's not sufficient for them simply to say that this hurt their feelings, correct?

IANAL, but the standard for defamation is lower in Canada than in the US. Truth is still an absolute defence, but the burden - IIRC - is on the person making the claim to demonstrate it is true. And I wish the kid who made the tweet and TSN a great deal of luck proving the claim is true. My belief is that an apology and public retraction will end the ordeal, which TSN's lawyers likely believe given how fast and how often TSN personalities have tripped over themselves to apologize today.

[Buster]

Originally Posted by Oling_Roachinen

Lol.

Am I afraid to say that TSN is threatened with being sued for posting a tweet about Lupul having intercourse with Phaneuf's wife? No, because it's a fact.

I would be afraid/stupid to post the tweet as fact though.

I find it fascinating that you do not find this an unacceptable infringement on your liberty in the same way I do.

You're actually afraid to express yourself. If you're cool with that, then all the power to you.

Personally, I don't find Dion Phaneuf's butt-hurt as a good excuse for me to give up a right that is the foundation of liberty.

[Antithesis]

Originally Posted by Flames Fan, Ph.D.

All kidding aside though, if this went to court in Canada, am I correct in assuming that it's not sufficient for it to be false and that Phaneuf et al would have to show actual harm?

In other words, it's not sufficient for them simply to say that this hurt their feelings, correct?

According to a quick Wikipedia search, with the provision that IANAL, it does not seem that plaintiffs in defamation suits in Canada need to prove damages.

[Oling_Roachinen]

Originally Posted by Buster

I find it fascinating that you do not find this an unacceptable infringement on your liberty in the same way I do.

You're actually afraid to express yourself. If you're cool with that, then all the power to you.

Personally, I don't find Dion Phaneuf's butt-hurt as a good excuse for me to give up a right that is the foundation of liberty.

Express myself? Come on, this is absurd. Being unable to say/write/post potentially damaging untrue facts about someone has nothing to do with our liberty.

Being protected from unfounded unsubstantiated claims IS part of our liberty though.

[Antithesis]

Originally Posted by Buster

I find it fascinating that you do not find this an unacceptable infringement on your liberty in the same way I do.

You're actually afraid to express yourself. If you're cool with that, then all the power to you.

Personally, I don't find Dion Phaneuf's butt-hurt as a good excuse for me to give up a right that is the foundation of liberty.

The situation is simply not as cut-and-dry as you're making it out to be here. I think a number of people - especially those who have been here a while - are familiar with a number of times when this board was sued by public figures due to things posted here. People's refusal to post things could have to do with a desire to not negatively impact CP, or, you know, an actual understanding of Canadian defamation law.

Oh, and there's also the issue that regardless of what we think about defamation law in this country, it is what it is at the moment. Angrily posting about our feelings on the matter here on CP isn't going to change anything.

[Resolute 14]

Incidentally, a google search brought up this. A Superior Court judge in Ontario basically ruled on the legality of internet flame wars:

http://ottawacitizen.com/news/local-...s-fair-comment

It might give you some idea of how much of a mess Canadian law can be at times, Flames Fan Ph.D

[Resolute 14]

Originally Posted by Buster

I find it fascinating that you do not find this an unacceptable infringement on your liberty in the same way I do.

You're actually afraid to express yourself. If you're cool with that, then all the power to you.

Personally, I don't find Dion Phaneuf's butt-hurt as a good excuse for me to give up a right that is the foundation of liberty.

Speaking of fear, why are you so afraid to answer my question?

[Reggie Dunlop]

LOL... nevermind

[greentree]

Originally Posted by afc wimbledon

TSN will get out the chequebook on this one, how big will tend to depend Phanuef, they have no defence as a media organization, allowing unedited tweets or alternatively editing but not catching this tweet, either way they're going to have to pay.

Phaneuf does not get to decide anything.
If his party successfully sued, a judge would determine an award. But this case will never go to trial, because it's relatively trivial, the chance of potential damages remote, TSN reponded quickly, and the threatening, written-in-haste press release from the Vancouver lawyers (weird choice btw, not exactly household names in libel law) was ludicrous and borderline unprofessional.
Again, not defending the stupid tweet but the reaction is goofy.

[Regorium]

Also, as usual, relevant xkcd.

[codynw]

Originally Posted by Buster

I find it fascinating that you do not find this an unacceptable infringement on your liberty in the same way I do.

You're actually afraid to express yourself. If you're cool with that, then all the power to you.

Personally, I don't find Dion Phaneuf's butt-hurt as a good excuse for me to give up a right that is the foundation of liberty.

Wow you are dense. Spreading lies about a person's personal life is NOT "expressing yourself". How would you feel if someone was going around telling people you banged someone's wife (if it wasn't true)? Should that be acceptable?

[Yamer]

Originally Posted by codynw

Wow you are dense. Spreading lies about a person's personal life is NOT "expressing yourself". How would you feel if someone was going around telling people you banged someone's wife (if it wasn't true)? Should that be acceptable?

And how much worse would it be if it were seemingly legitimized by a professionally respected media source?

[afc wimbledon]

Originally Posted by greentree

Phaneuf does not get to decide anything.
If his party successfully sued, a judge would determine an award. But this case will never go to trial, because it's relatively trivial, the chance of potential damages remote, TSN reponded quickly, and the threatening, written-in-haste press release from the Vancouver lawyers (weird choice btw, not exactly household names in libel law) was ludicrous and borderline unprofessional.
Again, not defending the stupid tweet but the reaction is goofy.

While I agree that Phanuef and co don't get to decide the amount they do get to decide that an apology isn't enough which was the point I was trying to make, now he may choose to accept the apology and move on ( probably the smart move for sports figure reliant on the media at times) but if he decides to pursue the case TSN don't have a leg to stand on legally. I cannot see the courts letting a national media organization off broadcasting what are incredibly unpleasant accusations against three people without giving them a hell of a slapped wrist.

[FlamesAddiction]

Originally Posted by sureLoss

Video of TSN's apology

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

It looks like he was crying. His eyes are all glassy and puffy. He actually looks kind of scared.

[Fighting Banana Slug]

Originally Posted by Flames Fan, Ph.D.

All kidding aside though, if this went to court in Canada, am I correct in assuming that it's not sufficient for it to be false and that Phaneuf et al would have to show actual harm?

In other words, it's not sufficient for them simply to say that this hurt their feelings, correct?

I would think that is correct. Might win the lawsuit, but would be awarded only nominal damages. That's why I think the guy is a dufus for not apoligizing or retracting, but I don't think he is going to "pay for it".

[Erick Estrada]

Wow what happened to TSN's standards? I can't believe that was allowed to air. I would imagine any and all people involved in collecting and posting up those twitter quotes have or will be dismissed. That's pretty disgusting.

[Where ru Chris O'Sullivan]

Originally Posted by Finger Cookin

I read the headline and wondered "How did Chris Cuthbert get mixed up with this?"

Exactly same thought and while i was clicking to open the link (even having read the teaser about Elisha Cuthbert, i was thinking he left because he was not happy with the professionalism TSN had showed, and was assuming he may be retiring

[Stay Golden]

TSN is scummy for letting that tweet through.
Whoever allowed it to hit the air should be terminated immediately. Everyone involved with allowing it to be seen should be terminated.
As far as a potential lawsuit i would think if they want to pusue it they probably have a good case.
Regardless if fans dislike Phaneuf or Lupul.
They smeared both of their wives, kids and family.
There is nothing funny about any of this.

[Peanut]

Annoying discussion about a relatively simple concept.

Anyways, I don't blame them for demanding an apology. But the ironic thing is the lawsuit really did draw way more attention to the situation. I hadn't even heard about the tweet but after reading a few pages of the thread, I went and googled it.

I think they'll probbaly drop it with TSN after the apology. Sort of interested to see what comes of the tweeter who apparently refuses to apologize or take responsibility for his actions.