p2pnet news | Freedom:- Way back, when I first learned purported P2P community supporters and Kazaa owner Sharman Networks, the multi-million-dollar Australian company, and Nikki Hemming, CEO and Sharman part owner, were suing me for alleged defamation, I said if they won, it would spell the beginning of the end for freedom of expression in Canada.

Sharman the company dropped out, but Hemming is pressing on, with the suit yet to be resolved.

Canadian prime minister Stephen Harper (right) has launched a defamation lawsuit against the opposition Liberals, further opening the way for lawsuits to be lodged against anyone, anywhere, who posts something someone else doesn’t like.

“For all the lofty quotes about free speech in Canadian jurisprudence, the reality is that our libel laws are the least protective of free speech in the English speaking world,” says Vancouver media lawyer Dan Burnett .

He also says: ,

“Until reform comes about, we in Canada remain stuck with essentially the antique and unmodified law of libel. As a result, plaintiffs can and do to bring their cases in Canada. It’s called forum shopping. If a plaintiff can find a publication in Canada, which is pretty easy in the internet age, and convince the Canadian court to accept the case, they get the advantage of having their case heard under legal rules that favour plaintiffs.

“It’s good business for Canadian defamation lawyers, but doesn’t reflect very well on our national commitment to free speech.”

Now Canadian Jim Love is suggesting members of a Facebook group he’s started should stand together and, “challenge Stephen Harper to sue us all!”

“Everyone is aware of the fact that Stephen Harper has announced a lawsuit against the Liberal Party for defaming him (Stephen Harper),” says Love on the group site, going on >>>

On one hand, this could be simply regarded as ridiculous. If every Canadian who had called a politician a crook was sued for it, the courts would have over 30 million lawsuits.

But on a more serious vein, this is more than a joke. It means that every person who makes a public comment could be threatened with libel suits. Is that democracy? Is that freedom?

Frankly, it’s scary to many of us. Especially those of us who are critical of Stephen Harper. Stephane Dion has the full weight of the Liberal Party behind him. But what about you? If Harper will sue the Liberals for 2.5 million what’s to stop his candidates (many of whom are well heeled) from suing YOU for expressing your opinion during an election? Sound far fetched? Have you ever signed a petition? Have you ever made a comment at an all candidates meeting? Written a letter to the editor? Talked on an open line show? Or how about just talking to someone and being overheard?

Think its far fetched? Well, a year ago, would you have ever thought that the Prime Minister would sue the leader of the opposition? Even when Stephen Harper compared the Liberals to “organized crime” Paul Martin got upset and ranted about suing — but he didn’t do it. Why? He knew it was the wrong thing to do.

WHAT CAN WE DO ABOUT IT?

We could take a lesson from another oppressed group who are being threatened. In Italy, there is a courageous group of people who are resisting the Mafia and expressing their opinion openly that it’s time to end the stranglehold of organized crime.

They organized a web-site called “Kill Us All” where they stand together and tell the Mafia that they will have to kill all of them. Remarkable!

http://hd-t3475cl.privatedns.com/~notareal/wiki/Main/ProcessImprovementProject

In that same spirit, we’ve formed this site called “Sue Us All“.

Stay tuned.

Jon Newton - p2pnet

[NOTE - p2pnet is running a special reader’s survey. It only takes 20-30 seconds and it’d be a huge help if you’d fill it in. Please click here. Cheers! And thanks … Jon]

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This entry was posted on Monday, March 17th, 2008 at 7:40 am and is filed under Freedom, P2P. You can follow any responses to this entry through the RSS 2.0 feed. You can leave a response, or trackback from your own site.

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