tag:blogger.com,1999:blog-24338064.post994439978358705680..comments2024-02-11T19:28:27.997+11:00Comments on Personal Reflections: The Weaver case - climate change, defamation and the internetJim Belshawhttp://www.blogger.com/profile/10075614280789984767noreply@blogger.comBlogger6125tag:blogger.com,1999:blog-24338064.post-33275254431511270122010-04-23T08:19:35.729+10:002010-04-23T08:19:35.729+10:00Hi Bob. If my memory serves me correctly, we alrea...Hi Bob. If my memory serves me correctly, we already have cases in this area in Australia and/or the UK. I think that it has arisen in the business arena, but I cannot for the life of me remember the details.Jim Belshawhttps://www.blogger.com/profile/10075614280789984767noreply@blogger.comtag:blogger.com,1999:blog-24338064.post-51628658640170711032010-04-23T07:50:09.221+10:002010-04-23T07:50:09.221+10:00One interesting thing that is NOT in Weaver's ...One interesting thing that is NOT in Weaver's statement of claim is a John Doe suit against the writers of comments attached to the articles. I do wonder how long it will be before someone, somewhere takes sufficient umbrage to try that on as well, requiring the publisher to identify and provide the identity of the offending comment.bobqnoreply@blogger.comtag:blogger.com,1999:blog-24338064.post-30347988218488745982010-04-23T07:45:39.476+10:002010-04-23T07:45:39.476+10:00Thanks for this additional background, Mark.Its al...Thanks for this additional background, Mark.Its always an issue commenting from one country on developments in another. <br /><br />Checking your blog, I saw a reference to the link libel case. I will bring this up as a postscript on the post.Jim Belshawhttps://www.blogger.com/profile/10075614280789984767noreply@blogger.comtag:blogger.com,1999:blog-24338064.post-13300041910804490982010-04-23T05:04:04.547+10:002010-04-23T05:04:04.547+10:00The National Post is distributed nationally, and i...The National Post is distributed nationally, and is widely available online. You can absolutely file a lawsuit in BC over a company located in another province. Indeed, you have to file in a jurisdiction you have an interest in, else your suit will be disregarded.<br /><br />With libel, the only issue is that the jurisdiction you file in must have had the material published there. The National Post could never credibly claim to not have a BC audience, so Weaver is fine to file this way. Very normal practice.<br /><br />The argument by Weaver is that actions and words are being attributed to him which he claims he did not do and did not say. This is what we call 'false fact' and, being defamatory, is a strong basis for an argument of libel.Mark Richard Francishttps://www.blogger.com/profile/16331995640397477486noreply@blogger.comtag:blogger.com,1999:blog-24338064.post-54952429664019263162010-04-23T04:31:23.110+10:002010-04-23T04:31:23.110+10:00Thanks, LE. I thought that it was an interesting c...Thanks, LE. I thought that it was an interesting case.Jim Belshawhttps://www.blogger.com/profile/10075614280789984767noreply@blogger.comtag:blogger.com,1999:blog-24338064.post-16306713921399599522010-04-22T23:46:14.761+10:002010-04-22T23:46:14.761+10:00oooh, interesting - I shall cogitate, Jim!oooh, interesting - I shall cogitate, Jim!Legal Eaglehttp://skepticlawyer.com.aunoreply@blogger.com