...Kate McMillan of Small Dead Animals is one of several named as defendants in a statement of claim filed by Richard Warman with the Ontario Superior Court on April 7. Others include Ezra Levant, The National Post and one of its journalists, Jonathon Kay.Two questions here. First of all, does this mean all bloggers can get into trouble if they link to stories on other blogs that turn out not to be true?
In the statement of claim, Warman alleges he was defamed on a blog known as freedominion.ca. He alleges those comments were linked to or commented upon on other blogs, including McMillan's and The National Post's.
Those who picked up on the original comments did not take steps to determine whether they were true, Warman alleges.
Warman also states it is not enough for a site to remove comments and postings that are questionable, as The National Post did. The newspaper pulled the piece written for its blog that Warman found defamatory.
In its place, the newspaper posted a retraction and apology. However, Warman alleges the article was linked to and copied by others online by that point and The National Post and Kay should be considered responsible for those republications. Editors for The National Post had no comment about the statement of claim...
Secondly, in the case of the National Post, they are being sued in spite of a retraction and apology, supposedly because the story was picked up all over the internet. Personally, I just don't see how a story can be contained in this day and age.
And should it be?
In any case, some of my readers have questioned my apparently heavy-handed comment moderation policy lately.
The reason should now be crystal clear.