Volume 5, Issue No. 6
Commentary/Opinion
/ News That Fears None, Views That Favor Nobody /
. . . . . A community service of The Filipino Web Channel (TheFilipinoWebChannel@gmail.com) and the Philippine Village Voice (PhilVoiceNews@gmail.com) for the information and understanding of Filipinos and the diverse communities in North America . . . . . .
The News UpFront: (TOP STORY) as of Thursday, March 10, 2011
~ The lawyer of the publicly "private citizen" Melinda Rustia renews the warning of a lawsuit if her published images were not removed promptly from The Filipino Web Channel's news videos. The latest threat is contained in a letter emailed yesterday (Wednesday, March 9) and demanding compliance by 5:30 p.m. today (Thursday, March 10). The lawyer had earlier indicated his client's inclination to sue, which did not materialize as of the first deadline date of Feb. 25. Rustia had not denied she engaged in gossiping. What her lawyer contends is that my news videos carried what he calls "false and defamatory statements concerning Mrs. Rustia". He did not say what those were, however. What's clear is that she passed gossip via emails to her friends - an act that exposes this reporter to public ridicule. Here's the latest development.
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THE PERILS OF INVESTIGATIVE JOURNALISM
Bullying, Physical Violence, Intimidation and Threats
of a Lawsuit Among Tactics to Force Media Censorship
Man is the most intelligent of the animals - and the most silly. — Diogenes
By ROMEO P. MARQUEZ
Member, Investigative Reporters and Editors (IRE)
and Asian American Journalists Association (AAJA)
TORONTO - I was half-expecting kibitzer Melinda Rustia's lawyer, Ian A. McLaine, would still pursue her demand to remove her image in a video (http://www.youtube.com/watch?v=EB2AOE9-z-o&feature=mfu_in_order&list=UL ) I created a month ago and subsequently updated (http://www.youtube.com/watch?v=of_cOWXq9qI&feature=mfu_in_order&list=UL ) on Feb. 27.
I've not had this experience being asked, and threatened repeatedly, by someone hiding under the coattails of a lawyer to force compliance to a demand which some friends and readers thought was frivolous, silly, ludicrous -- call it any which way - and it boils down to hurt pride.
I had merely asked: "what's her (Melinda Rustia's) motive in passing gossips against this reporter?" Indeed, from someone I knew nothing about except when she had signed up as a subscriber to my videos, it's astonishing how she could treat me with such condescension.
Not knowing her from Eve, I rely on what McLaine says, to wit, that she's "an upstanding member of the Toronto Filipino community". Honestly, I don't have the slightest idea how McLaine came to that assertion, specially when juxtapose with what she had peddled to her friends.
He says that my question was "personally injurious" and "damaging to her reputation". He explains: "Under the laws of the Province of Ontario, such defamatory statements constitute libel for which Mrs. Rustia is entitled to monetary damages x x x ".
Compare the question to what she had written and mass-emailed, thus: "I don't know anything about Romy Marquez until I received the Breaking News yesterday from Rory . . . so I googled him and here is a compilation of interesting and hilarious comments about him. Some are personal and below the belt . . . TAKE A BREAK guys and Enjoy! NAKAKATAWA TALAGA!" (sic).
I don't see the need to republish the substantive contents of her mass email; to do so would dignify them. Suffice it to say that the mere act of passing them to others without verifying the truth and accuracy constitutes rumour-mongering. She was spreading lies and taking delight in doing so and cajoling others to feel the same way she does, as in "nakakatawa talaga".
I doubt if Melinda Rustia was being honest and truthful in saying she harvested from Google the questionable comments against me. The controversy in San Diego, California that spawned the vicious lies had been triggered by a series of exposes I did. It died down after the authors with phony names were unmasked.
I know a few individuals -- the PNS-types, or the pinabili-ng-suka-pag-balik-journalist-na -- who were responsible for authoring and disseminating the canard. What Melinda Rustia had spread belonged to this category. I don't know if she's PNS, stupid or naive but it's quite obvious she's too gullible to fall victim to such fraud. I believe she was fed the lies and gulped them.
This evolving story versus Melinda Rustia is so full of ironies. And here's why.
She's supposedly a founding member of the social press club yet she apparently prefers censorship over an unrestrained discussion of issues. She's supposedly "upstanding" yet she engages in reprehensible gossiping. She's supposedly a "private citizen" yet one sees her name and images all over print and websites.
In my long experience as an investigative journalist in San Diego, California, it was inevitable to bump into spurious community leaders with more brawn than brain.
I'm beginning to think -- and I say this based on my own knowledge -- that Toronto's Filipino community looks almost the same. But if it's that way, what the heck, be prepared to face the challenges.
That's how I approach this job as a journalist. Bullying, intimidation, hints of violence and threats of lawsuits are routinely slapped on the journalists who set out to uphold the virtues of journalism that they no longer quiver in fear.
The very task of journalism perforce a certain amount of digging . . . for dirt, for the hidden trail, for the secrets, for skeletons in closets, for masks needing unraveling. The danger approximates the importance of the story. Where one is truly committed to finding the truth, all the risks would be worth taking.
Investigative journalism is not something for the weak of heart; that kind of journalist must have the gumption to absorb and repel the kind of stinking kitchen sink thrown his way . . . and survive!
I have not yet engaged in investigative journalism in Toronto the way I did it in San Diego, my home for 16 years before I moved temporarily to Canada a year ago. But the challenges are there, e.g., the non-profit organizations, the private foundations and the many money-raising community organizations.
But I digress.
Comes now Mr. McLaine. After his first letter demanding removal of her picture came and went on Feb. 25 with a hint of a possible lawsuit if not complied with on that very same day, he emails a letter dated March 9 reiterating the same demand.
He writes, and I quote: "The actions you have taken to disregard our demands and to further defame Mrs. Rustia are clearly malicious and wholly indefensible. Accordingly, you have exposed yourself to additional liability from which you cannot be shielded by invoking a 'journalism' defence."
Further, he says: " x x x Please notify the undersigned in writing before 5:30 PM Eastern Standard Time on March 10, 2011 that you are in full compliance with our demands. Failure to do so will result in the initiation of legal proceedings seeking significant monetary damages along with any other remedies, injunctive or otherwise, to which Mrs. Rustia is entitled".
I see a dramatic change in McLaine's warning. His first letter dated Feb. 25, 2011stated that "we will have no choice but to initiate legal proceedings seeking monetary damages . . . " The latest letter dated March 9, 2011 was upgraded, thus: " x x x will result in the initiation of legal proceedings seeking significant monetary damages x x x ".
Note the word "significant" inserted between "seeking" and "monetary" in the March letter. That's quite signficant too.
(This Currents & Breaking News may be posted online, broadcast or reprinted upon request by interested parties. Permission by the author and the editor must be obtained before any re-posting online or re-publication in print or re-broadcast. Copyright by Romeo P. Marquez, Editor, Philippine Village Voice, Toronto, Ontario, Canada. Volume 5, Issue no. 6, March 10, 2011. Email at: TheFilipinoWebChannel@gmail.com, PhilVoiceNews@aol.com or CurrentsBreakingNews@gmail.com).
My news channels can be viewed by clicking the links:
The Filipino Web Channel at YouTube:
1. http://www.youtube.com/watch?v=cT74cbxq6ak&feature=mfu_in_order&list=UL
2. http://www.youtube.com/watch?v=G2FLYca354w&feature=mfu_in_order&list=UL
At Vimeo:
1. http://vimeo.com/16962555
2. http://vimeo.com/user4144767
Emailed to PhilVoiceNews@aol.com:
ReplyDeleteIf they sue, the court will be able to weigh
both parties testimonies and any evidence about
character and reputation in the community. It is embarrassing to be so exposed and judged but if you have not defamed her character aside from accusing her of defaming yours via email, and that you are only defending yourself
by exposing her email circulation of online
searching which may be true or false.
Imelda Suzara
Toronto
Emailed to PhilVoiceNews@aol.com:
ReplyDeleteI admire your fighting spirit! Mabuhay!
Delfin Palileo
Mississauga
Emailed to PhilVoiceNews@aol.com:
ReplyDeleteAnd now, she's puking those lies all over the place, like a drunken street whore. How disgusting!
I hope she chokes on those lies, too. As I said, mga nangduduro lang ang mga 'to. Sa palagay ko, bugaw lang yung yung abogaw na yan. Kung tutuusin, mas grabeng libel yung mga gossips na ikinalat ng bruha tungkol sa 'yo. They're definitely character defamation in the raw.
You're a fine and fearless investigative journalist that all journalists worth their salt should emulate.
More power to you.
Jesse Jose
Seattle, Washington
Emailed to PhilVoiceNews@aol.com:
ReplyDeleteI looked at YouTube video. I am trying to figure out what's the beef here. Ms Rustia is only mentioned towards the end. Maybe she doesn't like her picture? She does look a little haggard (can you say UGLY!). If beauty is only skin deep, but ugly goes to the bone, she fits the ugly part in full.
However, what I believe is Ms. Rustia is afraid of the truth. The truth be told - "Woman you are ugly and so is your unfounded gossip and lies!"
So, she gets some lawyer to threaten a lawsuit. Based on what I read and viewed....good luck on that one Ms Rustia! She would be better off going to making a visit to a beauty shop before it's too late? It may already be...you know....
Just sayin.....
Gerry Garrison
Seattle, Washington