There’s no law that says politicians have to listen

Oct 20, 2018 | 5:00 AM

DOES FREEDOM OF SPEECH include the right not to listen? If we refuse to listen to someone, are we violating their right to be heard? And what if we want to speak, but don’t want certain people to hear?

The answer seems easy, but it might be different if you’re a politician and you decide to tune out your critics. The mayor of Ottawa, Jim Watson, is being sued for blocking certain people from his Twitter account. (Ottawa, by the way, has a civic election coming up on Monday, two days after our own. Watson has 11 opponents for the mayor’s job.)

The lawsuit alleges he is violating their rights under the Canadian Charter of Rights and Freedoms. It has been launched by three critics from different walks of life blocked by Watson in September.

Watson says it’s his personal Twitter account and he has the right “not to be attacked and harassed by the same individuals on a regular basis.”

Emille Taman, a lawyer described in news reports as a “political activist,” says she hasn’t questioned Watson’s integrity and that he seems to view any criticism as a personal attack. She also says he uses the Twitter account mostly for political comments and to talk about civic issues.

Blocking them denies them freedom of political expression, the litigants say.

Their argument is that it’s fine if he doesn’t want to see what they write on Twitter but they should have the right to see what he writes.

This is apparently the first time such a lawsuit has been launched in Canada. Earlier this year, though, a lawsuit against U.S. President Donald Trump for blocking people from his Twitter account was successful.

In that case, the judge decided Trump can stop listening, but he can’t stop others from listening to him.

I’m of two minds on this but I lean towards the right of people — including politicians — to plug their ears if they want to, and to speak to whoever they want. I say they have the right, not that it’s smart.

I’ve been blocked by politicians on occasion, and it didn’t occur to me they were violating my freedom of speech. In truth, it amused me. If thin-skinned politicians can’t take the heat, so be it.

This is a different thing than the situation I wrote about several weeks go in which politicians are increasingly being harassed, even threatened, by online trolls, to the point some would rather drop out of public life than put up with it.

I recently attended a presentation, in a room full of civic politicians, by Coquitlam Mayor Greg Moore on the trials and tribulations of public service in the digital age. It was an interesting session, with Moore explaining how easily trolls can set up fake accounts and go about trashing and harassing politicians to their heart’s content.

He argued that social media providers should crack down on automated accounts and build verification and fact-checking tools.

I was on his side until he recited a list on the number of media stories about routine decisions versus those focused on a major pay raise the Metro Vancouver regional board had given itself. (In the face of heavy public criticism, the board later reversed itself.)

In Moore’s opinion, the fact that far more stories were written about the pay-raise controversy than the other stuff was a case of unbalanced reporting, which seemed to strike a chord in the room. The journalist in me, though, said this was an example of politicians who want to control the message.

Moore, by the way, isn’t running in today’s election and will receive $48,376 in “transition” payout based on a month’s pay for every year in the job.

But back to Mayor Watson in Ottawa. His situation is about controlling the message as well — does he have a right to do it?

In an opinion piece headlined “Gee: Mayor Jim Watson shouldn’t block people on Twitter. Here’s Why,” the Ottawa Citizen agrees with Taman that the mayor’s Twitter account is not really private because of the way he uses it to talk about civic business.

“I know you’re thinking we should all have the right to support our own mental health, especially when dealing with abuse and trolls online,” wrote the Citizen’s Erin Gee.

“But by blocking people who disagree with him, Watson is silencing dissenting voices that may very well have valid concerns he should hear.

“As well, he prevents them access to the myriad announcements on his feed.”

But who is to decide between harassment and legitimate and constructive criticism? In my view, that should be up the receiver, not the sender, right or wrong. You might say politicians ignore what people tell them most of the time anyway. They have a greater imperative to be transparent than others do, and politically it’s a bad idea to start cutting people off on a whim.

That’s true, but the issue isn’t whether or not it’s wise, or whether the person in the job is doing it well. To borrow a phrase often used these days, you can’t fix stupid. So that’s where it should be left: a political and personal issue, not a legal one.

Watson’s case goes to court in January. If he loses the lawsuit, it could set a precedent for the rest of Canada, including right here at home.

Mel Rothenburger is a former mayor of Kamloops and newspaper editor. He publishes the ArmchairMayor.ca opinion website, and is a director on the Thompson-Nicola Regional District board. He can be reached at mrothenburger@armchairmayor.ca.