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Court Refuses To Order Removal Of Social Media Posts Alleging Employer Was Racist – Media, Telecoms, IT, Entertainment – Canada – Mondaq News Alerts




Court Refuses To Order Removal Of Social Media Posts Alleging Employer Was Racist

Labour, Employment & Human Rights Bulletin | HR Space

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Social media provides a platform for people to share their
lives, opinions and views. Sometimes these platforms are used by
employees to make statements about how they were treated during
employment and their views about the employers. These statements
can be far reaching and if negative, damaging to an
employer’s reputation. A 
recent Ontario decision
 shows how difficult it can be for
an employer to have a court order the removal of allegedly
defamatory social media posts.

What Happened

An employee was terminated by a company allegedly because of her
hostile attitude, declining performance, and damage done to
customers’ property. The employee believed that she was
terminated because of her support for the Black Lives Matter (BLM)

After she was terminated, the employee posted on Twitter and
Instagram alleging that she was terminated by the company for
supporting BLM. She claimed the owners of the company were racists
who used racist slurs. She alleged that the company only cared
about profiting off Black culture. She also claimed the company was
a bad employer.

The company and its owners sued the employee for defamation.
Before trial, the owners asked the court to order the employee to
remove the social media posts containing allegations of racism, and
to refrain from making similar posts.

The Decision

The judge refused to make the order requested. The judge said
that type of order before trial was rare in a defamation case. It
would only be made if a strict test was met:

  1. there must be clear defamation;
  2. if there is an intention to defend the statements as
    substantially true or as fair comment, it must be clear the defence
    will fail; and,
  3. there must be irreparable harm if the order is not

That high threshold reflected the importance of protecting free
speech, especially in public interest matters. The judge said the
public has an interest in knowing about the company –
particularly its stance on social and political issues and
treatment of employees – so the public can decide whether to
support the company by paying for their services.

The judge agreed that calling a person or company racist may be
defamatory. However, looking at the evidence filed, the judge said
it may be possible to show the statements were substantially true
or fair comment. In particular, the judge rejected the
company’s arguments that a person could not honestly
express the opinion that the company and its owners were racist,
and that at best, the social media posts may have shown that the
employee was mistreated at work. The judge said this ignored the
experiences of the racialized community who were more attuned to
and aware of both overt and passive acts of racism. The judge said
the lived experiences of Black, Indigenous, and People of Colour
(BIPOC) and other racialized communities experiencing workplace
racism cannot be ignored in assessing the fair comment defence. The
judge said doing so would be an injustice. It would, as the judge
wrote, “overlook the systemic racism they have experienced
and continue to experience in the workplace — experiences
that may be viewed differently by persons who are not members of a
racialized community.”

Since the judge was unable to find that the defence of
justification and fair comment would inevitably fail, the judge did
not grant the order requested.

Takeaways for Employers

This case was decided based on written evidence submitted by the
parties. The evidence was often contradictory and none of it was
tested by cross-examination. What is clear is that the parties had
very different views about what happened at work and what it meant.
The judge understood this may be, in part, due to the different
lens through which the parties viewed events based on their
different lived experiences. The judge was willing to consider the
lived experiences of BIPOC when assessing the defence of fair
comment in allegations of defamation based on racist

This case shows that only in the clearest of cases will a court
order, before trial, an employee to remove allegedly defamatory
statements posted online. One way to reduce the risk of similar
public statements being made is to treat all employees fairly with
dignity and respect. This includes learning about the diverse lived
experiences and perspectives of employees, and taking active steps
to combat racism and discrimination at work. It does not mean
employers cannot deal with legitimate performance issues or other
misconduct at work, but only that employers should act fairly and
in good faith when doing so.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.

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Younger, FOMO-inclined adults warned about investment tip fraud via social media – Richmond News



The securities and investment watching in B.C. is warning a certain demographic about their propensity to fall for tips coming from social media.

According to a survey carried out by the British Columbia Securities Commission (BCSC), younger adults and those who experience the fear of missing out (FOMO) are more likely to think social media is a good place to find investment opportunities.

The younger you are, the more FOMO you have, according to BCSC, with half of B.C. residents between 18 and 34 saying they experience it, compared to just 19 per cent of adults 55 or older.

One warning sign of investment fraud is claiming that an opportunity is exclusive or available only to select people; in reality, most legitimate investments for ordinary British Columbians are available to anyone with the money to invest.

Another warning sign is rushing would-be investors, telling them they must sign now to get in on the deal.

To mark Fraud Prevention Month, the BCSC surveyed more than 2,000 Canadians, including 1,000 British Columbians, to measure how age and FOMO influence investment attitudes.

“Results of this new research are particularly concerning because we’ve seen a surge in potentially fraudulent schemes peddled on social media during the COVID-19 pandemic,” says Doug Muir, the BCSC’s director of enforcement.

“We also know that fraudsters put pressure on people to act quickly. It’s important to gather as much reliable information about an investment as you can before putting your money into it, and to not rush into it.”

To educate people about the risk of letting FOMO drive their investment decisions, the BCSC is running a multi-media campaign called Hi, My Name is FOMO.

The campaign will help British Columbians understand the importance of doing research before investing and encourage them to report suspected fraud to the BCSC.

B.C.’s young adults also seem to have more FOMO than their peers across Canada – 50 per cent in B.C. compared to 40 per cent nationally.

Thirty-eight per cent of B.C. adults under 35 who say they experience FOMO agreed that social media is a good source of investment opportunities. That compares with just 8 per cent of adults over 35 who don’t experience FOMO.

Similarly, 41 per cent of B.C. adults under 35 who experience FOMO agree that if you don’t act immediately, you might miss a good investment opportunity. That compares with 17 per cent of older adults without FOMO.

In 2018, research by the BCSC found that fraud vulnerability is highest among younger British Columbians, particularly young women.

Nearly half of women and more than a third of men aged 18 to 34 said they would look into an offer claiming “guaranteed” returns of 14 to 25 per cent and “no risk” – telltale signs of a fraudulent scheme.

Vulnerability was lowest among older respondents: Only 13 per cent aged 55 and over said they would explore such an offer.

Investors can take a scenario-based quiz to test their ability to spot suspicious investment opportunities, can learn how to research investment offers, and are provided with information about contacting the BCSC if they have a concern about investment fraud.

This online survey was conducted for the BCSC by Innovative Research Group among a representative sample of British Columbians from February 11 to 23, 2021 as part of an omnibus survey.

A total of 1,015 British Columbians aged 18 and over completed the survey. The results are weighted to a representative sample of 1,000 by age and gender within each region of the province using the latest available Census data to reflect the actual demographic composition of the population.

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Clubhouse Media Group Announces The Formation Of Groundbreaking Creator Advisory Panel – PRNewswire



LOS ANGELES, March 5, 2021 /PRNewswire/ — Clubhouse Media Group Inc. (OTCMKTS:CMGR) (“Clubhouse Media” or the “Company”), a social media conglomerate comprising a digital studio subsidiary, a software division, and an innovative worldwide network of professionally operated content and influencer houses, announces the formation of its new content Creator advisory panel—a first for the industry.

The seven-member panel will be composed of professionals across various industries, including peer influencers, Clubhouse executives and staff, medical professionals, education experts, and counseling and human resources professionals, working together to establish the industry’s highest standards for professional and personal growth for all talent collaborating with the publicly traded company.

In the interim, the panel will be led by Arlene Guzman, a trained mental health professional and Clubhouse Media Group’s new Chief of Staff. The panel will work closely to advise Clubhouse Media Group on implementing new protocols and practices that ensure the highest levels of security, safety, and care for influencers in the rapidly developing world of content creation.

By forming this pioneering Creator advisory panel, Clubhouse hopes to elevate professional standards for the company, content Creators, and influencer talent everywhere while responding to lessons learned by the company in its first year of rapid growth.

“Being a trailblazer in a burgeoning industry inevitably comes with learning lessons along the way,” said Chris Young, President of Clubhouse Media Group. “That couldn’t have been more true for us, especially as Clubhouse Media Group scaled to meet the demands of both our brand partners and a huge influx of new Creators wanting to work with us. Our history of investing dollars in and devoting soft assets to Creators makes this a unique business model that works as an incubator for rising talent and an accelerator for Creators with sizable followings. Finding the right balance of personalities and management styles to fit a houseful of Creators can be challenging. Our industry is moving at breakneck speed, and in our position at the forefront, we will continually look for ways to innovate and course-correct in order to provide the best for our Clubhouse family of Creators, staff, and partners.”

The pronouncement follows numerous headlines over the past year that have painted the content creation industry as teeming with unobserved mansions that run rampant with unchaperoned, unprofessional teenagers all but burning their content houses down.  Clubhouse felt a need to improve the ways it had been doing business to better support and protect its Creators.

“I think every creative house needs something like this,” said Clubhouse Media Group Creator, Michelle Kennelly. “This system will allow for more effective communication between Clubhouse Media Group and Creators and inserts us in the process so we can voice our concerns, work through issues, and find common ground that benefits Creators and the company, allowing us all to thrive.”  

With full-hearted respect and admiration for the talent at the core of its industry, Clubhouse seeks to firmly establish protections, support systems, and growth mechanisms for Creators and influencers, especially those in their mid-late teenage years, so that they may focus on their productions with the same support, wisdom, and growth they’d find in their family homes.

Clubhouse is proactively attempting to learn from and re-right the industry’s past missteps while embracing and encouraging positive new developments in this nascent, rewarding field.

About Clubhouse Media

We believe Clubhouse Media represents the future of influencer media and marketing, with a global network of professionally run content houses, each of which has its own brand, influencer cohort and production capabilities. Clubhouse Media offers management, production and deal-making services to its handpicked influencers, a management division for individual influencer clients, and an investment arm for joint ventures and acquisitions for companies in the social media influencer space. Clubhouse Media’s management team consists of successful entrepreneurs with financial, legal, marketing, and digital content creation expertise.

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FORWARD-LOOKING STATEMENTS: This release contains “forward-looking statements” within the meaning of the safe harbor provisions of the U.S. Private Securities Litigation Reform Act of 1995. Forward-looking statements also may be included in other publicly available documents issued by the Company and in oral statements made by our officers and representatives from time to time. These forward-looking statements are intended to provide management’s current expectations or plans for our future operating and financial performance, based on assumptions currently believed to be valid. They can be identified by the use of words such as “anticipate,” “intend,” “plan,” “goal,” “seek,” “believe,” “project,” “estimate,” “expect,” “strategy,” “future,” “likely,” “may,” “should,” “would,” “could,” “will” and other words of similar meaning in connection with a discussion of future operating or financial performance.

Examples of forward-looking statements include, among others, statements relating to future sales, earnings, cash flows, results of operations, uses of cash and other measures of financial performance.

Because forward-looking statements relate to the future, they are subject to inherent risks, uncertainties and other factors that may cause the Company’s actual results and financial condition to differ materially from those expressed or implied in the forward-looking statements. Such risks, uncertainties and other factors include, among others such as, but not limited to economic conditions, changes in the laws or regulations, demand for products and services of the company, the effects of competition and other factors that could cause actual results to differ materially from those projected or represented in the forward-looking statements. Any forward-looking information provided in this release should be considered with these factors in mind. We assume no obligation to update any forward-looking statements contained in this report.

SOURCE Clubhouse Media Group

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/REPEAT — Media Advisory: Virtual Infrastructure Announcement in Brampton/ – Canada NewsWire



BRAMPTON, ON, March 4, 2021 /CNW/ – Members of the media are invited to attend an important infrastructure event with Sonia Sidhu, Member of Parliament for Brampton South, on behalf of the Honourable Catherine McKenna, Federal Minister of Infrastructure and Communities; the Honourable Prabmeet Sarkaria, Associate Minister of Small Business and Red Tape Reduction and Member of Provincial Parliament for Brampton South, on behalf of the Honourable Laurie Scott, Ontario’s Minister of Infrastructure; Amarjot Sandhu, Member of Provincial Parliament for Brampton West; and His Worship Patrick Brown, Mayor of the City of Brampton.


Friday, March 5, 2021


9:00 a.m. EST

Zoom event: 

Media are asked to register with Christine Sharma via email 
([email protected]) to receive a meeting participation link.


Members of the public are invited to view the live announcement on the City of
Brampton’s Facebook page:

Follow us on TwitterFacebook and Instagram 
Web: Infrastructure Canada

SOURCE Infrastructure Canada

For further information: Chantalle Aubertin, Press Secretary, Office of the Minister of Infrastructure and Communities, 613-941-0660, [email protected]; Christine Bujold, Press Secretary, Office of the Honourable Laurie Scott, Ontario’s Minister of Infrastructure, 416-454-1782, [email protected]; Sofia Sousa-Dias, Communications Branch, Ontario Ministry of Infrastructure, 437-991-3391, [email protected]; Christine Sharma, Senior Advisor, Media Relations, City of Brampton, 647.242.4319, [email protected]; Media Relations, Infrastructure Canada, 613-960-9251, Toll free: 1-877-250-7154, [email protected]

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