Legal question: Similar to the Erin Andrews and Hulk Hogan (both public figures) video cases, can the Ford family sue any entity that broadcast the video without their permission?
The Ford family does not own the video. They could sue the Star in civil court perhaps but not in criminal court although further court action would draw more attention to the late Rob Ford who should be allowed to rest in peace. This is not the first video along the same theme released anyway, only the first posthumous one.
What would the Ford family's cause of action in a civil case be against The Star?
The Star has every right to publicize the video as The Star and the reporters were essentially called liars by Rob Ford, his brother Doug and every other Ford sycophant. The video clearly exonerates the Star and its reporters as liars and proves that the Ford's were not only lying, but libelling the reporters and the Star.
The video is a matter of public record. It was legally obtained by the police and introduced into evidence in the criminal charges against Lisi. At that point it became part of the public record. However, the video was not released to the public while charges were pending as it could have tainted the jury pool.
Now that the charges against Lisi were dropped, the video is now available to any member of the public.
I heard people on CFRB whining that "they" should just let Ford RIP and not further besmirch his reputation and memory. Well.... what about The Star and their reporters who were still under a cloud of suspicion that they made it all up and were themselves the liars and dishonest parties? Don't they deserve to protect their reputation?
Rob Ford is the only one who had the power to create the memories and legacy of himself. Honest reporters have no obligation to protect his reputation or memory. Their job is to report these matters of public interest to the general public.
