TVI Steps up its offensive and threatens Legal Action against a Canadian NGO

A Divasi Woman in Orissa | Photo by Simon Williams

Corporate Responsibility

Extractive Industries

Dams and Water

Forests and Logging

Protected Areas

Farming and Fishing

Tourism

Militirisation

Urbanisation

World Bank

 
 

April 1, 2005

Anyone currently visiting MiningWatch Canada's website (www.miningwatch.ca) will now see an intriguing notice from the organization. The statement reads:

Material related to the TVI Pacific Inc. Canatuan Mine project has been temporarily removed from the MiningWatch Canada web site due to a letter received from TVI's legal counsel alleging defamation. MiningWatch Canada is reviewing the matter with our legal counsel. We have posted the letter from TVI's legal counsel here and will respond in due course.

What is going on here and what could MiningWatch have possibly said to elicit such a response from the Mining Company?

MiningWatch's letter from TVI's solicitors informs them that, "TVI has carefully reviewed various publication contained on the Mining Watch website as has determined that the information stipulated on that website is inaccurate and highly defamatory." The letter does not specifically describe what information the Company takes offence to, but it does demand that "all publications in connection with the Canatuan Mine be immediately removed and suspended". Furthermore, the solicitor threatens that if the information is not taken down than TVI "will have no choice but consider litigation not only against Mining Watch Canada, but also its Board of Directors and Ms. Coumans."

Perhaps the information on the website was 'defamatory' in the sense that it 'speaks ill' or harms the public reputation of TVI. However, this is the inevitable result of telling the truth about TVI's reckless and irresponsible operations in Canatuan. If TVI is truly concerned about protecting their good name then they should review and reform their business practices.

Furthermore, if there were some inaccuracies on the page then TVI should identify them so that MiningWatch Canada can properly address and, if need be, correct them. Ordering them to take all the information down is extreme and clearly shows that they are afraid of third-party monitoring. Even if MiningWatch's report contained some inaccuracies, it does not lessen the overall validity of their report on TVI's poor social and environmental record.

TVI has also posted a new website on the web (www.tvicanatuan.com) specifically devoted to the Canatuan issue. The site presents the company as a benevolent force in Canatuan and does its best to discredit those who oppose them. This website slanders individuals and organizations with impunity and makes countless defamatory statements against legitimate leaders in the community. The company has also compiled thick binders of the information from the website that it has begun to distribute to concerned Government Officials and NGOs. The binder is riddled with inaccuracies and untrue statements.

DCMI received a copy of the binder and a letter from TVI on March 28, 2005. The letter informed us of the action that TVI is taking against MiningWatch and implicitly threatened us with the same fate if we continue to speak out against them. We suspect we are only the first of many NGOs that will be receiving these notices.

Obviously, we cannot allow ourselves to be intimidated by these threats. TVI is attempting to bully us into a silence that will cost us our land and our communities. We must continue to vocally state our opposition against TVI and the laws which make it possible for them to operate.

-Written by Maryanne Mutch, DCMI

Contact Us | Index ©PIPLinks 2005