Below are excepts from an online discussion on the Citizen website under Monday's story about the body pulled from the Fraser River on Sunday afternoon:
Gutter_clean_out: "It"? That, is the best the Citizen can describe a deceased person?
Neil Godbout: A body is an it without identification of gender.
Gutter_clean_out: "The Body" is a much more sensitive term than "It". "It", sounds like something that was never loved, never experienced love, never belonged to a family and never had friends. Despite the fact that your terminology is correct Neil, I hope that both you and I are never refered to as "It".
By the way, kudos to you Neil for being the first member of the Citizen that I have seen actually come from behind the veil of silence and respond to our posts. It's nice to see that you really are involved and not just dumping our comments although I suspect many should have been reposted after they had been flagged.
Righttobeheard: Neil isn't the first to poke his head in on the comments. Although Neil poking his head in is a good thing, maybe he can address the nature of comment deletion appropriately and the term slander as it pertains to this newspaper.
Neil Godbout: We see "it" as being a neutral word to describe a body with no specific gender, after calling it "the body" on first reference. It's a tough one, though, and I appreciate your concerns on this.
As for your inquiry, Righttobeheard, let me start with your nickname. On our website, it's a privilege to be heard, not a right. We reserve the right to edit and delete comments (and that is a right because it's our website) and we err on the side of caution when it comes to comments that may be inappropriate. Slander is a verbal defamation in conversation and libel is a broadcast defamation (print or broadcast) so we're talking libel here.
According to the Canadian Press, "defamation is a statement that tends to lower a person in the opinion of others, or exposes the person to hatred, contempt or ridicule. Defamation is also a statement that injures another's reputation in a way that affects that person's livelihood."
If the comment is fair, accurate and without malice, that is allowed. If the opinion is based on provable fact and is in the public interest, it is also allowed.
I delete comments (and blacklist people for repeated infractions) where someone is called an idiot, stupid or accused of committing a crime or immoral conduct, or if a business is accused of immoral conduct (cheating customers, polluting, etc.)
"Neil is an idiot."
That's libel and you would have to prove that I'm an idiot in court as a defence. That is virtually impossible to prove because giving a couple examples doesn't prove I'm always an idiot, only that I'm sometimes an idiot. Furthermore, that statement clearly shows malice to harm my reputation.
"Neil's editorials on Enbridge were idiotic."
That's not libel. You're criticizing my work, not me personally, although I'd then like to read why you think the editorials were idiotic.
As for judges and legal decisions, contempt of court is a serious issue (and I should know - I was once charged with it but the charge was later dropped). A judge and/or a jury can be criticized for a decision but they can't be accused of incompetence, bias or anything else that would bring disrepute to the court or interfere with the administration of justice. Posting (or reporting) about a defendant's previous convictions, speculating about a case (spreading rumours) or ignoring a publication ban are dangerous, so we'll delete comments that could come anywhere near a contempt charge.
That's why we sometimes close comments on legal stories as soon as we post them, because we know that most, if not all, the comments made regarding those stories could expose us (and you) to a contempt charge. While you may be anonymous on the website, we would be obligated to share everything we know about you to the court if so ordered.
Fair comment and opinion is always allowed, so long as it is fair - meaning it is based on facts and it is not a malicious attempt to defame someone.
I hope that addresses your concerns.
-- Managing editor, Neil Godbout
