Sexist slur doesn’t break law

JUDGE RULES ‘VULGAR’ SLUR AGAINST REPORTER WAS NOT A PUBLIC DISTURBANCE

A notorious sexist slur aimed at a reporter in St. John’s, N.L., was vulgar and offensive but not a crime under the circumstances, a judge ruled Tuesday.

Provincial court Judge Colin Flynn dismissed the single charge against Justin Penton, 28, of causing a public disturbance.

Penton acknowledged he yelled a phrase commonly abbreviated to FHITP at NTV reporter Heather Gillis last April as she taped an interview outside the St. John’s dump.

But Flynn ruled the incident — part of a crass phenomenon that has plagued journalists in the United States and Canada since it started as an online prank in 2014 — did not meet legal precedents for interfering with the public peace.

“Something more than emotional upset and a momentary interruption in a conversation is needed to constitute the criminal offence of causing a disturbance in a public place. And that more is not present in this case,” Flynn wrote.

“It was a vulgar and offensive comment which was offensive to all right thinking people, but is not caught by the criminal law as presently enacted.”

Flynn noted it’s open to Parliament to broaden the law as was done in England where statutes protect against intentional harassment but also “alarm or distress.”

The judge also said his ruling on the specific facts “does not mean that these noted words can be said to persons, in particular female reporters out doing their jobs, with impunity.”

Flynn said it depends on context and circumstances.

Gillis said in an emailed statement she understands the judge has to work within the law but is disappointed in the ruling.

Calgary police charged a man in 2015 after a female journalist covering bad hockey fan behaviour had the phrase hurled at her from a truck. She got the licence plate.

The man, who was not named, was charged with stunting under the Traffic Safety Act — a non-criminal offence defined as distracting, startling or interfering with other users of a roadway. It now carries a $543 fine.

Mark Dwyer, NTV news director, said the process wasn’t easy for Gillis.

“She’s a very proud journalist and we just admire that she stood up for herself and brought it forward,” he said in an interview.

“Another reporter who is in our newsroom just last night had that same obscenity yelled at them during a live hit at city hall. It continues, unfortunately.”