The Asian Pacific Post newspaper and the Epoch Press Inc. have taken their freedom of speech battle over a Falun Gong article from the media to the courts.
The newspaper filed a writ in the B.C. Supreme Court this week alleging the printer tried to hold the paper hostage and censor it.
The incident occurred in January after Epoch president Frank Cui took offence at an article about a Falun Gong dance show, refused to print the edition and tried to substitute the article.
The article covered reports that the Divine Performing Arts Company's show was being targeted by the Chinese government due to its depiction of the abuse of Falun Gong, and it contained comments from the Chinese government.
Post lawyer Kent Wiebe said the case is unique in Canada. "We have yet to find a case anywhere in Canada which would be similar to this ... A commercial printer holding a newspaper hostage on the basis of they don't like an article is a pretty strange set of facts," Wiebe said.
"It is at its core a breach-of-contract suit, but it's the manner in which they have breached the contract that gives rise to the freedom-of-press issue," he said.
The suit alleges Cui contacted Post publisher Harbinder Singh Sewak Jan. 7 and said he would not print the edition without a change in headline and removal of one quote from Chinese officials.
The suit claims Sewak agreed under duress, faced with a publication deadline hours away.
The newspaper alleges the printer committed unlawful interference with economic interests, including breach of contract and tort of deceit.
Later that day, the suit alleges Cui demanded all comment from the Chinese government be struck.
Still later, the suit claims he asked the article be spiked and replaced with another he would provide to be presented as an independent news article — at one point allegedly offering free services. Sewak refused.
A third party then allegedly contacted the Post and offered to pay for the article, stressing that Cui was "being put under immense pressure by his own employees and the Divine Performing Group, ostensibly a Falun Gong-run organization."
But Courtenay lawyer Clive Ansley, who represents the Falun Dafa Association in Vancouver and Canada, said his client has denied any involvement in the incident.
"We are very concerned with the kind of links that are being made in the media," Ansley said. "My clients have not been named in this writ and there is a very good reason they have not been named, and that is there is not one whit of evidence to link them to this unfortunate incident," he said.
The suit goes on to allege the printer then contacted the newspaper's distribution agents and had them return those copies that were distributed by "falsely advising them that the publisher had requested them to return all copies."
The printer later delivered 200 copies to the newspaper's office, but when staff checked city news boxes they could find no evidence of the remaining 18,300 copies.
When reached by The Province, Cui confirmed he is a Falun Gong practitioner, but deferred to his lawyer Robert Grant for all other comment. Grant was not immediately available for comment.
The newspaper is claiming losses stemming from 10 issues it missed as it searched for another printer as well as aggravated damages.
Epoch Press has two weeks to file a statement of defence. Ansley said the Falun Dafa Association would not seek intervenor status in the case.
(The Province, March 25, 2009)
Original text from: http://www.theprovince.com/News/Falun+Gong+group+offered+fake+story+paper+Lawsuit/1426811/story.html
