Canadian media grapple with requests to ‘unpublish’ articles

Story subjects worry that past stories could affect job prospects

Canadian media grapple with requests to ‘unpublish’ articles

The relief Martin Streete felt the day he walked out of court a free man erodes with every click of Google’s search button.

Every time he researches his name, he’s confronted with a 2011 headline announcing criminal charges he never had to face in court.

Streete said he was arrested in 2011 after an alleged sexual assault in Regina, because he matched the description provided by the complainant. Less than a year later, the charges against him were stayed and the matter was dropped.

But local newspaper reports of the initial arrest cost Streete his job and, he said, continue to limit his employment prospects years later.

“These articles, they’re damaging,” he said in a telephone interview from his home in Regina. “I think that’s the main reason I couldn’t get back to work right away because employers, before they even interview, they do searches.”

It’s an issue that Canada’s most prominent media ethics body is looking into. The National NewsMedia Council, a self-regulatory body for English-language news outlets in all provinces except Quebec and Alberta, recently began surveying its more than 500 members on how to field cases like Streete’s.

READ: Report to offer ‘ideas’ for stemming crisis in Canada’s media sector: author

Council President John Fraser said media outlets are increasingly grappling with requests from individuals calling for their names to be scrubbed from previously published articles. Unlike some jurisdictions, Canada has no formal guidelines in place to address such situations.

In Europe, for instance, a 2014 ruling from the top court of the European Union allows citizens to ask for the removal of personal data that “appear to be inadequate, irrelevant or no longer relevant, or excessive in relation to the purpose for which they were processed and in the light of the time that has elapsed.” The content would remain online, but Google would make it difficult for the material to be found through its search engine.

Three years after the ruling — known as “Right to be Forgotten” — Google said it had processed 1.5 million requests to delist a URL, a third of which it had granted.

The federal Office of the Privacy Commissioner has undertaken a review to see if a similar approach should be adopted in Canada. A spokeswoman said the office invited submissions from academics, advocacy groups, IT specialists, educators and regular Canadians, and a report will be published early next year.

“We’ll be using what we learn to inform public debate on online reputation, to better inform Parliament on the issues and potential solutions and also to develop our own policy position on the right to be forgotten and other forms of recourse in the Canadian context,” Tobi Cohen said in an email.

Google made a submission saying some of the URLs it has processed have belonged to “reputable” news sources. The tech giant said any measures implemented in Canada need to come with transparency mechanisms, suggesting that the search engine might not be best equipped to assess the merit of a de-listing request.

“By putting the responsibility on the search engine to judge what is required to be ‘forgotten’ under European laws, and without affordances to share information with the publisher or indeed the public about a removal request, the public cannot analyse the full impact on the public interest of delisting a URL,” Google Canada wrote in its submission.

“And the incentives for search engines under European laws are skewed towards removal. If a search engine wrongly takes down a particular page, that page falls out of its results; if it wrongly refuses to take down a page, the search engine can be subject to civil judgments or regulatory penalties.”

The National NewsMedia Council joined with several other media industry groups to make a submission of their own, arguing that a “Right to be Forgotten” approach in Canada is an infringement on press freedom and the federal Charter of Rights.

Likening the approach to leaving library books on the shelf while removing listings from its card catalogue, the groups argued that neither tech companies nor governments should decide what material stays online.

“In an open society this is the prerogative of individual citizens, participating in a free marketplace of ideas, who are perfectly capable of deciding such questions for themselves,” the Council’s submission reads.

Still, Fraser said the industry must grapple with the issue and suggest best practices for outlets to follow. He said a prevalent school of thought dictates that changing factually accurate articles is tantamount to rewriting history, but added that the realities of the online world suggest a need to find a middle ground.

“We have to come to some kind of best practice somehow if we’re going to be honourable and ethical in our business,” he said.

Several Canadian newspapers currently do not “unpublish” material, but treat requests to alter or reclassify content on a case-by-case basis. The Globe and Mail’s code of conduct, for instance, indicates the paper’s current practice is to assess such requests by committee, with senior editors and lawyers evaluating the individual situation. The paper said it “generally does not unpublish content or remove details such as names from our websites and archives other than for legal reasons, but it does correct and update articles as necessary if there is a significant factual error.”

The approach is similar at the Toronto Star, according to Public Editor Kathy English. In instances where charges have been withdrawn, English said the paper will prominently append an update to the top of the original article. The same practice is currently in place at the National Post, according to Gerry Nott, senior vice-president of content.

“We’re not in the unpublishing business, but we are in the fairness business,” Nott said in a statement.

The Canadian Press also does not believe in “unpublishing” material, according to Editor-in-Chief Stephen Meurice. When the news agency becomes aware of a substantial change in a story it produced, it confirms the development before sending a publishable note to its media clients that they can append to the story. The Canadian Press does not publish material directly to the public, but only through the media outlets that subscribe to it.

English, who said she fields one or two such requests a week, acknowledged the issue is a challenging one for the industry to navigate.

“I think one of the solutions to this happens earlier on in the process when we consider what we publish,” she said. “Perhaps we could be moving to a place where we don’t publish things that we know we do not have resources or intention to follow through on.”

English acknowledged that some news outlets have opted to omit names from stories with slim follow-up prospects. Some papers, such as weekly Metroland publications Brampton Guardian and Mississauga News, said they would consider altering existing stories to remove names of people who have criminal charges withdrawn before the matter comes to trial.

Editor-in-Chief Patricia Lonergan said such alterations are always accompanied by a prominently displayed editor’s note disclosing that a name has been removed and explaining the reason why. She said her papers have established an “ethics committee” that uses internal guidelines to assess the growing number of requests to remove content.

“The underlying philosophy is that news organizations do not rewrite history or make news disappear,” Lonergan said. “However, life isn’t that simple.”


Like us on Facebook and follow us on Twitter.

Get local stories you won't find anywhere else right to your inbox.
Sign up here

Just Posted

RCMP Isp. Benoit Maure (top right) has written a book, Leading at the Edge, which details Canadian peacekeeping missions, including his own 1999 mission in Guatemala (bottom right). (Contributed photos)
Longtime RCMP officer pens book on Canadian peacekeeping efforts

RCMP Isp. Benoit Maure’s new book, Leading at the Edge, features stories from 10 missions

Surrey residential construction. (File photo: Tom Zytaruk)
Surrey councillor says city needs more accessible housing

Linda Annis expected to introduce notice of motion to that end at tonight’s council meeting

People skate on a lake in a city park in Montreal, Sunday, January 10, 2021. THE CANADIAN PRESS/Graham Hughes
The end of hugs: How COVID-19 has changed daily life a year after Canada’s 1st case

Today marks the one year anniversary of COVID-19 landing in Canada

Laura Barnes is to feature some of her artwork at Gallery at Central Plaza next month. (Contributed photo)
New artist showcase coming to White Rock gallery

Laura Barnes work, mixing brights and darks, to be displayed in February

White Rock Public Library (File photo)
Surrey, White Rock literacy leaders kick off Family Literacy Week

Literacy events to take place Jan. 24 to 31

Rose Sawka, 91, waves to her son through the window of a care home in Prince Rupert in October. Residents of the care home received their first vaccine dose Jan. 20. (K-J Millar/The Northern View)
B.C. care home visitor access to expand by March, Dix says

Staff, residents, essential visitors top priorities for vaccine

The Abbotsford Tulip Festival is permanently closing, with plans to eventually set up in Armstrong, B.C. (Abbotsford News file photo)
Abbotsford Tulip Festival is closing, with plans to rebloom in Armstrong

Event organizer says pandemic and sale of land were factors in decision

Kyrell Sopotyk was drafted by the Kamloops Blazers in 2016 and played two seasons with the Western Hockey League club. (Photograph By ALLEN DOUGLAS/KTW)
Kamloops Blazer paralyzed in snowboarding accident sparks fundraiser for family

As of Jan. 24, more than $68,000 had been raised to help Kamloops Blazers’ forward Kyrell Sopotyk

Cannabis bought in British Columbia (Ashley Wadhwani/Black Press Media)
Is it time to start thinking about greener ways to package cannabis?

Packaging suppliers are still figuring eco-friendly and affordable packaging options that fit the mandates of Cannabis Regulations

Rodney and Ekaterina Baker in an undated photo from social media. The couple has been ticketed and charged under the Yukon’s <em>Civil Emergency Measures Act</em> for breaking isolation requirements in order to sneak into a vaccine clinic and receive Moderna vaccine doses in Beaver Creek. (Facebook/Submitted)
Great Canadian Gaming CEO resigns after being accused of sneaking into Yukon for vaccine

Rod Baker and Ekaterina Baker were charged with two CEMA violations each

(Pixhere photo)
B.C. dentists argue for COVID-19 vaccine priority after ‘disappointing’ exclusion from plan

Vaccines are essential for dentists as patients cannot wear masks during treatment, argues BCDA

Hundreds participated in the Abbotsford Kisaan Tractor Rally on Sunday. (John Morrow/Abbotsford News)
Tractor rally in Abbotsford draws hundreds

Abbotsford Kisaan Tractor Rally occurred on Sunday

The fine for changing lanes or merging over a solid line costs drivers $109 and two penalty points in B.C. (Screenshot via Google Street View)
B.C. drivers caught crossing, merging over solid white lines face hefty fine

Ticket for $109, two penalty points issued under Motor Vehicle Act for crossing solid lines

Most Read