Helping my readers
distinguish the difference between facts and my opinions in my articles
Half a century ago, I was the copy editor in the afternoon shift of the Winnipeg Tribune. (It was closed years
ago) Later I became a syndicated columnist with the Toronto Sun and later still, I was the producer and host of a
television talk show and at that same time, I was also the editor of two
magazines.
I have always believed in the importance of making sure that the facts I
was writing or talking about are valid. To submit what has currently been
referred to as `fake news.’ is to do a disservice to those who want the truth
to be told to them.
Most days, I read fourteen newspapers a day for information. Now I don’t
read every article in those newspapers; just those in which the headings have
enticed me into reading their articles or the subject is one that I am interested
in.
I then download the articles I have chosen into my computer and rewrite
them in my own words. Sometimes I will
literally publish the newspaper’s article directly into my blog but when I do this, I
also publish the name of the author of the article or the newspaper that
published it. Sometimes when I do this, I will add some of my own comments to
the article which will be in italics.
I have to rely on the media’s dedication at arriving at the truth
because if the newspaper published something that is false, I won’t know that
and will also publish that same false statement in my own article.
As far as I know, that only occurred once in my 1,500 articles already
published in my blog. I wrote in one of my articles that a certain man had been
convicted of fraud. Five months later, I received a phone call from this man’s
lawyer. He told me that his client had filed an appeal and his conviction was
overturned. I immediate returned to the original article, made the change and
then I placed an immediate current update so that those who had read the
original article would be aware that the man was innocent. That is responsible workmanship. To leave the
facts unknown would be committing a terrible disservice to an innocent man.
Labeling the
articles
A great number of news publications are not doing enough to
label their articles properly. They deliberately make some
of their headings enticing while the articles are boring in hopes that the
articles will still be read by the readers.
Here is an example.
A lioness attacks its
victim at the zoo. Now a reader will presume that someone got into a lion’s pen
and was mauled to death by a lioness. That wasn’t what the actual story was
about. It was about a city counsellor badmouthing the head of the city’s zoo.
BORING.
I try to make the headings in the articles in my blog enticing and at
the same time, I write the articles that are in alignment with the headings. My
regular readers will read the article in my blog despite what the headings say
but those persons around the world who haven’t read any of my articles in my
blog in the past are looking for enticing headings on the same subject I am writing
about. This brings to mind that old
saying, “Come to my parlor said the spider to the fly.” Once the fly is caught
in the spider’s web, it can’t escape.
I would never place an enticing heading at the top of one of my articles
if that article is about a subject that most persons reading it won’t interest
them. That is a sure way of losing potential readers.
The Washington Post
is doing a good job in their articles with clear, consistent writings of its
articles as many other newspapers and magazines do.
My opinions
When anyone gives you an opinion on any particular subject, they are in
effect, giving you their belief as to what they want you to also believe. Their
belief may be wrong, but if they are honest, their belief to them will be a
valid belief.
Now sometimes our beliefs are definitely wrong. Let me give you a simple
example. When I was a young boy, I believed that Santa Claus climbed down every
chimney in the world. Obvious, my belief was definitely wrong. But my belief
was an honest one. When I told my younger brother that so-called fact, he
believed me just as I believed our mother. Now our mother didn’t deceive us for
bad reasons. She deceived us in order to bring validity to the Santa Claus
stories. There is nothing wrong about that.
When President Donald Trump tells us what he has done or is currently
doing, he deceives us for the most part. In fact in the first year of his
presidency, he lied as many as 2,140 times. That means that his opinions
are also suspect. His motives are self-serving—a trait that is clearly not
presidential.
As to be expected, telling the truth is extremely important to any
writer of articles or authors of books.
But sometimes, articles and books may offend some people. That occurred
once in my many articles in my blog when I began writing them in my blog
beginning in 2006.
Years ago, I read an interesting article published in the Toronto Star. It was about a woman who was a supplier of meals
to schools. According to the article, this woman was ripping off a number of the Toronto schools with respect to the shoddy meals given to students in those schools. She was also a deadbeat who bill collectors were chasing after her.
I wrote an article in my blog about this woman and used words in my
article such as “shoddy”, “mean”, ‘dishonest and” rip-off” in my article. That
obviously angered her.
She sued the Toronto Star, me
and another blogger for defamation of her character. She wanted $5 million dollars in total from
the three of us.
Fortunately for me, (and for the others) she was representing
herself. You know what they say about those fools. The have a fool for their
client.
First of all, she failed to send me a “Notice to Sue” document that has
to precede an actual claim. The Libel and
Slander Act of Ontario states that no action for libel in a newspaper or in a
broadcast lies unless the plaintiff has, within six weeks after the alleged
libel has come to the plaintiff’s knowledge, given to the defendant notice in
writing, specifying the matter complained of, which shall be served in the same
manner as a statement of claim or by delivering it to a grown-up person at the
chief office of the defendant. This she did not do. Incidentally, this law also applies to claims
against bloggers.
Secondly, after she showed up for a pre-hearing arranged by the Toronto Star,
she lost and had to pay the Toronto Star
$200 dollars to cover the fees of their lawyer with respect to the hearing. Her
case was soon after dismissed against the Star when she failed to make the payment. Her case was also automatically dismissed with respect to
her claim against against me and the other blogger because we were all on the same claim. The last I heard of her was
that she went bankrupt and disappeared.
In my defence I prepared, (I represented
myself as I taught law to law students before I retired) I stated that my
comments were not defamatory because they were strictly my opinion and not
stated as facts.
In Grant
v Torstar Corp, which
is a 2009 Supreme
Court of Canada decision on the defences to the tort of defamation. The
Supreme Court ruled that the law of defamation should give way to the rights of
a party to speak on matters of public interest, provided the party exercises a
certain level of responsibility in verifying the potentially defamatory facts.
This decision recognizes a defence of responsible communication on matters of
public interest.
Madam Justice, McLachlin of that court stated
that the defence of responsible communication was a new defence, and not a
modification of qualified privilege. She then ruled that defence should be
known as 'responsible communication', as it is not only journalists who should
benefit from the defence, but bloggers and other people who disseminate
information regardless of their status in established media.
She pointed out that the
author’s article must be a story that was sought and accurately reported. Since
the original author of that woman’s story was written by a highly respected
investigative reporter, and published in a highly respected newspaper, I was
satisfied that what I read was accurate and therefore, I could safely use it as
a source for my own article.
When I give my opinions in articles I write in my blog, they are my
honest beliefs. This does not mean that I have to be careless in determining my
beliefs.
When I wrote in my article about the birth of Jesus, I said that he
wasn’t born on December 25 in the year one AD. I researched this event very
carefully and came to the conclusion that he was born sometime in November of
that year. Even religious scholars believe that.
My belief was a valid one. If I on the hand had lied and said that he
was born on October 27th .the same day I was born so that I could
imply that great men were born that day, it would be immorally wrong on my
part. Of course if Hitler was also born on that same day of October, I would
not want to bring it to anyone’s attention less someone tries to say that Hitler
and I were and are somewhat similar. On the other hand, President Theodore
Roosevelt was born on October 27. Now shall I compare his magnificent traits
with my own? No?
Canada’s
Freedom of expression represents society’s commitment to tolerate the annoyance
of being confronted by unacceptable views. As stated by the Ontario Court of Appeal in an
early Charter case
“The constitutional guarantee extends not only to that which is pleasing but
also to that which to many may be aesthetically distasteful or morally
offensive: it is indeed often true that one man’s vulgarity is another man’s
lyric”. More recently, the Supreme Court
of Canada emphasized that “freedom of expression must include the right to
express outrageous and ridiculous opinions” and that as public controversy can
be a rough trade and for this reason, the law needs to accommodate its
requirements.”
My statements in my blog about the woman who provided meals to schools
were obviously very nasty and insulting to her but they were strictly my
opinion as to what I thought about her and her conduct. Nevertheless, I am
protected by the Freedom of Expression
that is in Canada’s Charter of Rights and
Freedoms to express
outrageous and ridiculous opinions in my articles.
If I had stated in my blog that the woman was a criminal, she would have
valid grounds to sue me because there was no evidence that she acted as a
criminal. However, if I said that her actions were bordering on criminality,
that would be construed as an opinion and she would have no grounds to sue me.
You will note that the title of my blog is dahn batchelor’s opinions. But to make sure that
everyone that reads my blog understands that what I write in my blog are
strictly my opinions, I added the following words at the sidebar on that left
of the blog which says, “What's in my blog are strictly my opinions.”
Whenever
columnists with the National Post submit
their articles to that paper, the editors place the word OPINION above the
articles so that the readers are aware that the authors of the articles are
strictly offering their readers their opinions with respect to the subjects
being written about.
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