[R-G] Canada: Media giant sues pro-Palestinian activists

[Anthony Fenton]

Canada: Media giant sues pro-Palestinian activists
http://www.greenleft.org.au/2008/770/39706
Stu Harrison
10 October 2008


Canada’s largest media group is suing Palestinian solidarity activists  
who created a parody version of the Vancouver Sun newspaper.

The parody newspaper, produced by the Vancouver-based Palestine Media  
Collective (PMC) in June 2007, aimed to expose the pro-Israeli and  
anti-Palestinian bias of Canwest, which owns the Vancouver Sun.

In Australia, Canwest is, through a wholly owned subsidiary, the  
majority and controlling shareholder of the TEN Television Network.

In 2003, Canwest founder Izzy Asper boasted of the bias, telling the  
Jerusalem Post, “In all of our newspapers, including the National  
Post, we have a very pro-Israel position … we are the strongest  
supporter of Israel in Canada”.

Canwest are suing two activists associated with the PMC, Carel  
Moiseiwitsch and Gordon Murray, and one other person accused of being  
a distributor, Mordecai Briemberg.

Some 12,000 of the parody newspaper were produced and included article  
headlines such as “Study Shows Truth Biased against Israel” and  
“Celebrating 40 years of liberating the West Bank”.

Launched in December 2007, the case accuses the three of “conspiring”  
to create and distribute the parody.

Due to the anonymous nature of the parody, the original writ aimed to  
incriminate the printer, a lone distributor and several other  
unidentified people. The creators since revealed themselves in July,  
opening themselves up for legal action.

Canwest argues that the publication is a commercial violation of  
trademark and have proposed a list of remedies, which includes a  
restraint that could prevent defendants “publishing injurious  
falsehoods by way of newspapers or other publications, on the internet  
or otherwise”.

The Seriously Free Speech Committee has been set up to defend the  
accused and raise awareness of the threat to free speech by media  
consolidation. On its website, SFSC explains: “Imagine the  
implications for the Charter (Canadian Charter of Rights and Freedoms)  
right to free speech if Canwest can shut down debate on any  
contentious issue with such a lawsuit.”

In solidarity, Canadian satirical gossip magazine Frank printed the  
parody front cover on its May 6 print edition. Frank editor Michael  
Bate has challenged Canwest to sue him too.

Honorary members of the SFSC include prominent journalists and authors  
such as John Pilger, Naomi Klein, Noam Chomsky and Tariq Ali.

The campaign has received trade union support through the Canadian  
Labour Congress. Even the union covering Vancouver Sun workers, the  
Communications, Energy and Paperworkers Union Local 2000, has offered  
support.

The SFSC argues that the case is a classic example of a Strategic  
Lawsuit Against Public Participation, or a SLAPP case.

The Canadian province of British Colombia had previously instituted an  
anti-SLAPP law in 2001, but this has since been repealed. The use of  
SLAPP cases has become widespread by companies trying to avoid  
embarrassment created by public exposure.

In Australia, Gunns Ltd aimed to target activists campaigning against  
the pulp mill proposed for Tasmania’s Tamar Valley, with the  
defendants infamously dubbed the “Gunns 20”. The activists argued that  
Gunns were trying to silence dissent, in a classic example of a SLAPP  
case.

Other high profile examples include the McLibel case, where two  
British activists tried to expose the unethical practices of  
McDonald’s through a leaflet, and even Oprah Winfrey has been accused  
of causing damage to the United States’ cattle industry.

The French Canadian province of Quebec instituted anti-SLAPP  
legislation after an outcry over a destructive SLAPP case taken  
against the provinces oldest and most influential environmental groups  
by a scrap metal company, American Iron and Metal.

Around 25 US states have anti-SLAPP legislation on the books.

To find out more about the case and to find out how to offer support,  
visit http://seriouslyfreespeech.wordpress.com.

From: International News, Green Left Weekly issue #770 15 October 2008.