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EDITORIAL: Media, social media, the justice system and 'allegedly' – TheChronicleHerald.ca

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Here’s an explanation that might not satisfy everyone.

But give it a try.

WSAV reporter Alex Bozarjian was doing a live report on a road race in Savannah, Georgia on Dec. 7, when a passing runner, later identified as Thomas Callaway, a Boy Scout leader and church youth volunteer, appeared to reach out and smack her on the butt.

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To be clear, the behaviour is in no way acceptable: just because you’re doing your job in a public place doesn’t mean there’s an open season on unwanted physical contact or even shouted obscenities.

As Bozarjian’s employers were quick to point out: “The conduct displayed toward Alex Bozarjian during her live coverage of Saturday’s Savannah Bridge Run was reprehensible and completely unacceptable … No one should ever be disrespected in this manner. The safety and protection of our employees is WSAV-TV’s highest priority.”

The sooner people in the public — particularly star-struck oafish males who have a lot of growing up to do — recognize that and modify their behaviour, the better for us all.

There are a host of different headlines about the case: “Runner who allegedly smacked TV reporter’s backside charged with sexual battery”, “Runner who allegedly sexually assaulted reporter has been arrested”, “Man accused of slapping reporter’s backside on air charged with sexual battery”.

And that’s where things get interesting.

Social media, where video of the situation took off internationally, has since had some interesting questions not only about Callaway’s behaviour, but about the way the news media reported the event.

Here’s a sample that explains the new issue succinctly: “Just wish they’d stop putting ‘accused’ and ‘alleged’ before his name WE HAVE IT ON VIDEO.”

So, why “alleged”? Why “accused”?

The reason is both simple and complicated; criminal charges are involved.

And that changes everything,

The western justice system is based on the presumption of innocence.

Accurately reporting on cases in that justice system involves recognizing that people accused of crimes are innocent until those crimes are proven beyond a reasonable doubt in a court of law.

It sounds like splitting hairs, but it’s both arcane and necessary.

The facts are, in many ways, not in a great amount of dispute: the television reporter says she was slapped on the backside, the video shows that happening, and the man involved admits his did something he shouldn’t have done (although he maintains he touched her lower back).

But, right now, the media can’t actually report that Callaway committed a sexual assault, because it wouldn’t be accurate.

You can argue that there’s a pretty good chance that, given the available evidence so far, there’s a pretty good likelihood Callaway will plead guilty or be convicted.

But his conviction is not our job.

Sure, it’s frustrating.

But the media is not a substitute for the justice system, nor should it be.

And neither, by the way, is social media.

Want to join the conversation? Comments are open on this editorial at SaltWire.com. 

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'Nessie' photo at Scotland's Loch Ness puts Canadians in media spotlight – National Post

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The Official Loch Ness Monster Sightings Register sent the photo to one of their experts ‘who said that it was “compelling evidence” ‘ of the creature

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LONDON — Parry Malm and Shannon Wiseman weren’t expecting a “pivotal moment” in their sons’ lives when they visited Scotland’s Loch Ness earlier this month, but that’s exactly what happened.

“Our youngest is turning three next week,” said Wiseman from the family’s home in London, England. “And he tells everyone there have been two pivotal moments in his life: Seeing the world’s largest dinosaur, which he did at the Natural History Museum in January, and seeing Nessie.

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“He tells everyone he encounters. He tells the postman, he tells the guys in the shops and the cafes.”

Malm and Wiseman have been thrust into the limelight after a photo they took during their family vacation showed a shadowy figure poking above the waterline, something that the couple’s children _ and others — firmly believe is the latest sighting of the famed Loch Ness monster.

Malm and Wiseman, who are from Coquitlam B.C., and Calgary respectively, moved to England in 2006.

The couple said the original plan for the spring vacation was to take a boat ride in Loch Ness because their children were “completely captivated by the concept of Nessie.”

“We’d even packed shortbread cookies, which we were told from these books was Nessie’s favourite treat,” Wiseman quipped. “Turned out shortbread cookies were not necessary.”

That’s because the family spotted something sticking out of the water while visiting a lookout at nearby Urquhart Castle.

“We just started watching it more and more, and we could see its head craning above water,” Malm said. “And then it was swimming against the current towards the castle, slowly but surely, like very fastidiously going over the waves (and) coming closer and closer. And then it submerged and disappeared.”

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Malm said the family took a photo of what they saw and decided “for a bit of a laugh” to send the picture to the Official Loch Ness Monster Sightings Register, which he stumbled upon while surfing the internet.

“They got in touch within 24 hours,” Malm recalled. “They were super excited. They sent it to one of their Loch Ness experts who said that it was ‘compelling evidence,’ I believe was the exact phrase.

“And just one thing led to another. I mean, it’s been incredible.”

Since the photo submission, Malm and Wiseman have been featured in British tabloids such as The Sun and the Daily Mirror and digital publication LADbible.

On the Official Loch Ness Monster Sightings Register, the encounter has been recorded as the first Nessie sighting of 2024.

“We’ve both got texts from people who we haven’t heard from in quite some time going, ‘Guess who I just saw on TV?”‘ Malm said.

“I’m just glad that we hit the national media in Canada for spotting the Loch Ness monster and not being on Crime Stoppers.”

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Both Malm and Wiseman said they are happy their experience is bringing some positivity to the daily news cycle, and at least one person they have spoken with thanked them for the picture.

“Our son’s school’s headmaster is Scottish,” Malm said. “And he pulls me aside at pick up one day and he goes, ‘You know what, Perry? You’ve done more for Scottish tourism than anybody else in my lifetime.’

“So, hopefully some people will be inspired to come visit Scotland.”

What isn’t certain, however, is what they actually encountered on that cold April morning on the shore of Loch Ness.

“We don’t know what we saw,” Wiseman said. “Our children believe we saw Nessie, and I believe it for them.

“I believe that we saw something that could be Nessie, and that is a very broad possibility.”

Malm said the wonder that the sighting has inspired in his children, and others resonating with the photo, is more important than the question of what they encountered.

“It’s really charming,” he said of the outpouring of reactions. “Because in a world where the news is about a war here and an atrocity there, it’s just nice that people are interested in something that’s just lighthearted, a little bit silly and a little bit unbelievable.”

Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here.

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B.C. online harms bill on hold after deal with social media firms

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The British Columbia government is putting its proposed online harms legislation on hold after reaching an agreement with some of the largest social media platforms to increase safety online.

Premier David Eby says in a joint statement with representatives of the firms Meta, TikTok, X and Snapchat that they will form an online safety action table, where they’ll discuss “tangible steps” toward protecting people from online harms.

Eby added the proposed legislation remains, and the province will reactivate it into law if necessary.

“The agreement that we’ve struck with these companies is that we’re going to move quickly and effectively, and that we need meaningful results before the end of the term of this government, so that if it’s necessary for us to bring the bill back then we will,” Eby said Tuesday.

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The province says the social media companies have agreed to work collaboratively with the province on preventing harm, while Meta will also commit to working with B.C.’s emergency management officials to help amplify official information during natural disasters and other events.

The announcement to put the Bill 12, also known as the Public Health Accountability and Cost Recovery Act, on hold is a sharp turn for the government, after Eby announced in March that social media companies were among the “wrongdoers” that would pay for health-related costs linked to their platforms.

At the time, Eby compared social media harms to those caused by tobacco and opioids, saying the legislation was similar to previous laws that allowed the province to sue companies selling those products.

A white man and woman weep at a podium, while a white man behind them holds a picture of a young boy.
Premier David Eby is pictured with Ryan Cleland and Nicola Smith, parents of Carson Cleland, during a news conference announcing Bill 12. (Ben Nelms/CBC)

Eby said one of the key drivers for legislation targeting online harm was the death of Carson Cleland, the 12-year-old Prince George, B.C., boy who died by suicide last October after falling victim to online sextortion.

“In the real world we would never allow a company to set up a space for kids where grown adults could be invited in to contact them, encourage them to share photographs and then threaten to distribute those photographs to their family and friends,” Eby said when announcing the legislation.

The premier said previously that companies would be shut down and their owners would face jail terms if their products were connected to harms to young people.

In announcing the pause, the province says that bringing social media companies to the table for discussion achieves the same purpose of protecting youth from online harm.

“Our commitment to every parent is that we will do everything we can to keep their families safe online and in our communities,” said Eby.

Ryan Cleland, Carson’s father, said in a statement on Tuesday that he “has faith” in Eby and the decision to suspend the legislation.

“I don’t think he is looking at it from a political standpoint as much as he is looking at it as a dad,” he said of Eby. “I think getting the social media giants together to come up with a solution is a step in the right direction.”

Business groups were opposed

On Monday, the opposition B.C. United called for a pause to Bill 12, citing potential “serious legal and economic consequences for local businesses.”

Opposition Leader Kevin Falcon said in a statement that his party pushed Eby’s government to change course, noting the legislation’s vague language on who the province can sue “would have had severe unintended consequences” for local businesses and the economy.

“The government’s latest retreat is not only a win for the business community but for every British Columbian who values fairness and clarity in the law,” Falcon said.

A white man wearing a blue tie speaks in a legislature building.
B.C. United Leader Kevin Falcon says that Bill 12 could have had unintended consequences. (Chad Hipolito/The Canadian Press)

The Greater Vancouver Board of Trade said they are pleased to see the legislation put on hold, given the “potential ramifications” of the proposal’s “expansive interpretation.”

“We hope that the government chooses not to pursue Bill 12 in the future,” said board president and CEO Bridgitte Anderson in a statement. “Instead, we would welcome the opportunity to work with the government to develop measures that are well-targeted and effective, ensuring they protect British Columbians without causing unintended consequences.”

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Trump poised to clinch US$1.3-billion social media company stock award

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Donald Trump is set to secure on Tuesday a stock bonus worth US$1.3-billion from the company that operates his social media app Truth Social (DJT-Q), equivalent to about half the majority stake he already owns in it, thanks to the wild rally in its shares.

The award will take the former U.S. president’s overall stake in the company, Trump Media & Technology Group (TMTG), to US$4.1-billion.

While Mr. Trump has agreed not to sell any of his TMTG shares before September, the windfall represents a significant boost to his wealth, which Forbes pegs at US$4.7-billion.

Unlike much of his real estate empire, shares are easy to divest in the stock market and could come in handy as Mr. Trump’s legal fees and fines pile up, including a US$454.2-million judgment in his New York civil fraud case he is appealing.

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The bonus also reflects the exuberant trading in TMTG’s shares, which have been on a roller coaster ride since the company listed on Nasdaq last month through a merger with a special purpose acquisition company (SPAC) and was snapped up by Trump supporters and speculators.

Mr. Trump will be entitled to the stock bonus under the terms of the SPAC deal once TMTG’s shares stay above US$17.50 for 20 trading days after the company’s March 26 listing. They ended trading on Monday at US$35.50, and they would have to lose more than half their value on Tuesday for Mr. Trump to miss out.

TMTG’s current valuation of approximately US$5-billion is equivalent to about 1,220 times the loss-making company’s revenue in 2023 of US$4.1-million.

No other U.S. company of similar market capitalization has such a high valuation multiple, LSEG data shows. This is despite TMTG warning investors in regulatory filings that its operational losses raise “substantial doubt” about its ability to remain in business.

A TMTG spokesperson declined to comment on the stock award to Mr. Trump. “With more than $200 million in the bank and zero debt, Trump Media is fulfilling all its obligations related to the merger and rapidly moving forward with its business plan,” the spokesperson said.

While Mr. Trump’s windfall is rich for a small, loss-making company like TMTG, the earnout structure that allows it is common. According to a report from law firm Freshfields Bruckhaus Deringer, stock earnouts for management were seen in more than half the SPAC mergers completed in 2022.

However, few executives clinch these earnout bonuses because many SPAC deals end up performing poorly in the stock market, said Freshfields securities lawyer Michael Levitt. TMTG’s case is rare because its shares are trading decoupled from its business prospects.

“Many earnouts in SPACs are never satisfied because many SPAC prices fall significantly after the merger is completed,” Mr. Levitt said.

To be sure, TMTG made it easier for Mr. Trump to meet the earnout threshold. When TMTG agreed to merge with the SPAC in October, 2021, the deal envisioned that TMTG shares had to trade above US$30 for Mr. Trump to get the full earnout bonus. The two sides amended the deal in August, 2023 to lower that threshold to US$17.50, regulatory filings show.

Had that not happened, Mr. Trump would not have yet earned the full bonus because TMTG’s shares traded below US$30 last week. The terms of the deal, however, give Mr. Trump three years from the listing to win the full earnout, so he could have still earned it if the shares traded above the threshold for 20 days in any 30-day period during this time.

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