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| CPT's Page on Foreign Libel, Slander and Defamation CasesCPT's Page on Foreign Libel, Slander and Defamation CasesHague consequences: 17 recent foreign defamation stories One of the frustrating issues in working on the Hague Convention onJurisdiction is the astonishing low level of concern among newspaper andpress organizations over the impact of the Convention on laws involvingspeech. Apparently assuming that the Hague Convention's Public Policyexception and the US first amendment will make any an all global lawsirrelevant to US citizens, there has been zero engagement by the presson this treaty, as a stakeholder. And by that, I mean zero. Not onepress organization or corporate content provider has registered anyconcern about the Convention on speech related issues. The only onesthat have raised concerns been been the ISPs, because they correctlyunderstand that they will be the ones sued, and that since they haveforeign assets and peering connections, they will find it difficult tohide behind the US 1st Amendment. The following are 17 recent stories regarding foreign defamation cases,in a variety of countries with different legal traditions. Note thatunder the Hague Convention framework, there is no attempt to addressdifferences in substantive law, and that in several negotiations thisyear, the Hague delegates refused to move speech related litigation intothe treaty's non-mandatory "grey" area for enforcement, or to providefor a policy statement on speech that followed the Universal Declarationon Human Rights (the Europeans objected to this). Jamie[1] http://www.timesofindia.com/130501/13nbrs12.htm Chinese police arrest dissident from hospital In another case reported Saturday, the family of dissident Wang Jinbosaid he had been arrested for "defaming" police on the Internet.Wang, 29, was detained in Junan town in eastern China's Shandongprovince, his father Wang Xiuyu told AFP.He said he was told his son was detained for 15 days for having defamedlocal police on the Internet. Police threatened Wang Xiuyu with arrestwhen he asked them for details of charges against his son.[2] http://www.ananova.com/news/story/sm_313430.html2 June 2001Italian accused of creating blasphemous website An Italian web designer has been accused of launching a blasphemouswebsite featuring photomontages of the Pope with naked girls.The 25-year-old from Latina, near Rome, has been charged with defamingreligion.Police say the site attracted hundreds of visitors a day.All relevant material and books have now been seized, reports the IlNuovo paper.[3] http://www.arabicnews.com/ansub/Daily/Day/010602/2001060232.htmlAll NGO's unjustly tarred with the same brushEgypt, Politics, 6/2/2001 The seven-year jail sentence against Egyptian-US academic Saad EddinIbrahim ignited a fresh bout of debate over the future ofnon-governmental organisations (NGOs) in Egypt, an Egyptian report said.The issue of foreign finance will remain inconclusive as long as thegovernment is unable to produce a viable alternative to Law No.153/1999,whose constitutionality was challenged.Saad Eddin Ibrahim, whose ordeal won him the title of democracyactivist, was sentenced to seven years in jail after the State SecurityCourt found him guilty of defaming Egypt in his rights reports. He wasalso charged with damaging state interests by spreading "false reports"alleging electoral fraud and religious persecution.The court found the 62-year-old sociology professor guilty of receivingfunds illegally from the European Commission to monitor parliamentaryelections and offering bribes to forge official documents. Up to 20employees in the Ibn Khaldoun Centre for Social Development Studies, aCairo-based group run by Ibrahim, received sentences ranging between oneand five years.[snip] [4] http://allafrica.com/stories/200106040336.html Former Government Minister Yerodia Abdoulaye Brings a Second JournalistBefore the CourtJournaliste En Danger PRESS RELEASEJune 4, 2001 Posted to the web June 4, 2001 Congo Kinshasa Andre Kisangani, a journalist with the daily "La Reference Plus", hasbeen summoned to appear on 5 June 2001 before the Court of Kinshasa/PontKasa-Vubu by the former education minister, Yerodia Abdoulaye Ndombasi.In a summons dated 23 May, the former minister accuses Kisangani and thenewspaper "La Reference Plus" of defamation and asks the court tosentence the journalist to "the strongest penalty provided for by thelaw" and to impose a fine of US$ 32,000 on his newspaper for damages.On 3 May, "La Reference Plus" published an article by Kisangani entitled"By publishing the day of the delivery and resumption of a controversialdecree, Yerodia smeared and dishonoured at the Education Ministry". Inthis article, the journalist accused the minister of having removed ateam of advisors from his outgoing cabinet, among which there werefictitious advisors, with "his eye on the severance payments". In thesame article, the journalist wrote that Minister Yerodia "was preparingto deliver 185 public schools to a religious organisation whose onlymembers are tribal brothers."This is the second summons from the former education minister since hewas dismissed from the government. The first case pits the ministeragainst the bi-weekly "Numerica".[SNIP][5] http://allafrica.com/stories/200106060038.htmlWapa Threatens to Sue WasiebaNew Vision (Kampala, Uganda)June 6, 2001 Posted to the web June 6, 2001 Okello JabweliThe National Political Commissar, James Wapakhabulo, has threatened tosue Bubulo West MP Wanjusi Wasieba for defamation. Wapakhabulo, also theMbale Municipality MP, denied playing any role in the nullification thisweek of Wasieba's nomination by the Electoral Commission. "I don't knowwhy his nomination was nullified. I don't even know why UNEB refused tocertify his papers. I have not been in touch with either the ElectoralCommission or UNEB over his papers," Wapakhabulo told The New Vision bytelephone.The New Vision yesterday quoted Wasieba as having said that somepoliticians, including Wapakhabulo, were behind the nullification of hisnomination. Wasieba said on Monday that the Government had given himarmed escorts following threats on his life by Mbale-based politicians.Wapakhabulo, who described Wasieba's allegations as grave said, "If whathas been reported is true, then I will have no option but to consult mylawyers to sue him for defamation."He said Wasieba's decision to request for armed guards after making theallegations against him was intended to portray him as a killer.Wapakhabulo described his campaign as "tough but enjoyable.[6] http://allafrica.com/stories/200106060119.htmlReport On WPFC's Press Freedom Mission to ZimbabweWorld Press Freedom Committee (WPFC)June 6, 2001 [snip]The five members of our delegation accompanied Nyarota to Harare CentralPolice Station later in the day of our meeting with Moyo. For the secondtime in a month, Nyarota had been charged with criminal defamation overDaily News reports about a law suit filed in New York against PresidentMugabe by Evelyn Masaiti, the opposition member of parliament for arural constituency, and three relatives of victims of violencesurrounding elections in June 2000.The Daily News and The Standard reported that the four sued Mugabe inthe USA for damages suffered; the Mugabe government has in turn sued thenewspaper for defamation, claiming the newspapers had published"persistent false and malicious reports."[7]http://www.nationalpost.com/home/story.html?f=/stories/20010609/587477.htmEXCLUSIVE: 'Buck has to stop with leadership,' Ablonczy saysAlliance at 9% support: Day has not earned trust of colleagues,constituents: MPSheldon Alberts[snip] Eight Canadian Alliance MPs have been suspended from the party's caucusfor demanding Mr. Day's resignation last month. Deborah Grey, the firstReform MP elected to Parliament, has also urged the leader to"graciously step aside."A group supporting the leader, Grassroots For Day, yesterday filed astatement of claim in a Calgary court for a $475,000 defamation lawsuitagainst Ms. Grey for alleging during a television interview this weekthat the group had sent an e-mail threat to Chuck Strahl's family. Mr.Strahl is one of the eight MPs who has been suspended."In its entirety the statement is inflammatory, insulting, degrading andunacceptable and serves no purpose other than to besmirch thePlaintiffs' reputations," said the statement filed by lawyers for GeorgeBears, the group's national director."She made this defamation on public television and I would simply makethe request that she make the apology on television," Mr. Bears said inan interview yesterday. [8] http://www.theage.com.au/business/2001/06/05/FFXAYMRTJNC.htmlStrictly Private By CHRISTOPHER WEBBTuesday 5 June 2001BHP chief sues 'The Australian' for defamationLooking to put a bit more fruit on the sideboard before he leaves theseshores, BHP chief Paul Milton Anderson has lobbed a defamation writ inthe lap of Nationwide News Pty Ltd.Anderson claims he was seriously defamed in The Australian last month ina piece headed "When bullies talk, it's time to walk".In a statement of claim over the signatures of learned friends JeffreySher, QC, and Michael Wheelahan, Anderson said his character andreputation had been injured and that he had suffered loss and damage.He wants aggravated and exemplary damages.The claim stated that the piece was understood to mean that:The main reason Anderson promoted and supported the BHP and Billitonplc merger was for the ulterior purpose of enabling him and his wife toreturn to live in the United States earlier than otherwise would havebeen the case.Anderson had breached his duties to BHP and its shareholders bysupporting the merger for the ultimate purpose of appeasing his wife andto enable them to return to America.[snip][9]http://www.vancouverprovince.com/cgi-bin/newsite.pl?adcode=p-nw&modulename=national%20news&template=national&nkey=vp&filetype=fullstory&file=/cpfs/national/010602/n060210.htmlN.B. editorial cartoonist wins appeal of libel award to Holocaust denier Last updated: Saturday 9 June 2001 NATIONAL NEWS FREDERICTON (CP) - New Brunswick Appeal Court has overturned a libelaward against an editorial cartoonist accused of defaming a formerteacher who believes the Holocaust was exaggerated. Josh Beutel was ordered two years ago to pay $7,500 in damages toMalcolm Ross, who was barred from the classroom in 1991 after a humanrights inquiry found that his anti-Jewish writings created a poisonousatmosphere. [SNIP] [10]http://www.voanews.com/article.cfm?objectID=CF4C7809-560B-11D5-841900508BF9712A&Title=Leftist%20Militants%20Attack%20Mexico%20City%20AssemblymanLeftist Militants Attack Mexico City AssemblymanGreg FlakusMexico City1 Jun 2001 02:38 UTC [snip]But tensions between the two parties have been growing in recent days asPAN assembly members press forward the investigation of the Robles termand allegations that first surfaced in the Reforma newspaper. PANofficials have also accused current Mayor Andres Manual Lopez Obrador,also of the PRD, of covering up for Ms. Robles. Meanwhile, the former mayor has brought a criminal defamation suitagainst the journalist who wrote the initial report questioning her useof funds during her 1999-2000 administration. Reforma editors say theinformation they printed is valid and they have backed the reporter. The New York-based Committee to Protect Journalists was amonginternational groups condemning Ms. Robles' action against the reporterand the newspaper. The more recent accusation against Rosario Robles is that, when she wasstill mayor last year, she paid more than 55 million pesos, about $6million, from public funds to a public relations company for broadcastpolitical advertising. A former employee of that company claims part ofthe money was to be used to finance a future campaign for the presidencyby Ms. Robles. She had been considered a prime candidate for the 2006presidential election, but analysts say her political future could becut short if she is not quickly cleared of these charges. [11] http://allafrica.com/stories/200105290119.htmlJournalist, Printer And Four News Vendors DetainedExpoTimes (Freetown)May 29, 2001 The editor-in-chief of the Malawian daily, The Dispatch, MartinesNamingha, printer, Kaleraa Mhango, and four newspaper vendors were overthe weekend detained for publishing "false information".In a protest letter addressed to the Minister of Home Affairs, MonjezaMaluza, the Paris-based Reporters sans frontières (RSF - ReportersWithout Borders) has asked the minister to order the competentauthorities to release them. Robert Ménard, General Secretary of thepress freedom organisation, reminded him that the United Nations SpecialRapporteur on the promotion and protection of the right to freedom ofopinion and expression, Mr. Abid Hussein, recommended in a documentpublished in January 2000: "In the case of offences such as 'libeling','insulting' or defaming' the head of State and publishing orbroadcasting 'false' or 'alarmist' information, prison terms are bothreprehensible and out of proportion to the harm suffered by the victim".According to information collected by RSF, on 25 May 2001, MartinesNamingha was arrested for having published an article headed "What willhappen if Muluzi dies today?" and in which he addressed the question ofthe succession of the current president. According to Agence FrancePresse (AFP), the printer, Kalera Mhango, has been arrested forfacilitating the publication. Four sellers have also been arrested.[12]http://www.abc.net.au/news/politics/2001/05/item20010529165743_1.htm(Australia)AMA president to sue Minister over 'qualifications' jibe May 30, 2001The president of the Australian Medical Association (AMA), Dr KerrynPhelps, will sue the Federal Health Minister, Dr Michael Wooldridge, fordefamation.Dr Wooldridge responded to criticism of Government policy from the AMAlast week, by saying Dr Phelps had no specialist qualification otherthan in the media.Dr Phelps, a specialist general practitioner, says she has legal advicethat she can sue, and win.She says her preference was not to take legal action, but the Ministerhad refused to apologise, despite having every opportunity to do so. [13]http://news.bbc.co.uk/hi/english/world/middle_east/newsid_1356000/1356140.stmMonday, 28 May, 2001, 22:07 GMT 23:07 UK Algerian press freedom protestAbout 3,000 human rights activists and opposition supporters have joinedjournalists in a street demonstrations in Algiers against a new proposedlaw which they believe will destroy press freedom. More than 20 independent newspapers in Algeria cancelled their Mondayeditions to protest against the proposed law. It would provide for sharply increased penalties for defaming AlgerianPresident Abdelaziz Bouteflika, including prison sentences of up to ayear and fines of $3,500. The bill, which was passed by the lower house of the Algerian parliamentthree weeks ago, still has to be approved by the upper house.[14] http://allafrica.com/stories/200105290330.htmlTwo Journalists Released Amidst Renewed Crackdown On PressWriters in Prison Committee May 28, 2001 Posted to the web May 29, 2001 Toronto The Writers in Prison Committee of International PEN welcomes therelease from prison of Garoma Bekele and Tesfaye Deressa but is dismayedat the continued detention of Solomon Nemera, and the arrests of fellowjournalists Daniel Gezzahegne, Kidus Habt Belachew and Eyobe Demeke.On 10 May 2001, charges of terrorism against Garoma Bekele, TesfayeDeressa and Solomon Nemera were dropped for lack of evidence. The three,who all worked for the now defunct magazine Urjii, had previously beenhanded down prison sentences on charges relating to the press law.Reporters Bekele and Deressa were released the same day but Nemera wastold that he would have to raise 10,000 Birr (approx. US$1,210) bailbecause as editor-in-chief of Urjii, he had greater responsibility forthe alleged press law violation. Unable to raise the money, he remainsin detention. He is reported to be facing a further, as yet unknown,charge.Bekele, Deressa and Nemera were all arrested in October 1997 followingcoverage in Urjii of the involvement of government troops in the killingof three alleged members of the Oromo Liberation Front. The journalistswere imprisoned for more than two years while waiting for their case tocome to trial. When it did, they were all given one-year prisonsentences for "publishing false information". They would normally havebeen released immediately on account of the time they had already spentin prison but they remained in custody due to the charges of terrorismbrought against them.Meanwhile, on 4 May 2001, Daniel Gezzahegne was detained when he wasunable to raise the 5000 Birr (US$605) bail set by the court trying hiscase. The deputy editor of the Amharic weekly Moged faces criminaldefamation charges based on an article published in the newspaperGemenna. The piece cited alleged corrupt practices amongst the religiousauthorities in Gonder province.Gezzahegne was editor of Gemenna at the time of publication. His trialis due to begin in October this year.Kidus Habt Belachew, editor-in-chief of the newspaper Mebrek, wasobliged to make a statement to the Central Investigation Department(CID) on 10 May 2001 concerning his newspaper's coverage of demands madeby students in Addis Ababa. Belachew was released on payment of a 10,000Birr bail.Eyobe Demeke, managing editor of the weekly Tarik, is also reported tohave been detained in early May 2001 on charges connected with anarticle he published in 1996. He was charged at the time of thepublication but freed on bail up until his recent arrest.Whilst relieved that Garoma Bekele and Tesfaye Deressa have at last beenreleased, International PEN is gravely concerned at the latest wave ofdetentions of journalists in Ethiopia. It calls on the Ethiopianauthorities to end the practice of using press laws as a tool to curbfree speech, and urges the Ethiopian government to take steps todecriminalise defamation, making it a matter for the civil courts.International PEN appeals for the release of all journalists held inEthiopian prisons. [snip][15] http://www.washingtonpost.com/wp-dyn/articles/A82847-2001May26.htmlCurbs on Free Speech Quell Debate in Egypt By Howard SchneiderWashington Post Foreign ServiceSunday, May 27, 2001; Page A22 CAIRO -- Feminist author Nawal Saadawi worries for her life. She hasbeen declared an apostate by Egypt's top religious officials, an offensepunishable by death under the tenants of Islam.Saad Eddin Ibrahim, an Egyptian American sociologist and democracyactivist, sits in jail under a seven-year sentence for defaming thestate. [snip][16] http://allafrica.com/stories/200105240281.htmlM&G and ANC Slug it Out in the High CourtMail & Guardian (Johannesburg)May 24, 2001 Posted to the web May 24, 2001 Johannesburg The Mail &Guardian and the ANC faced each other in court this week overthe allegation that a white editor wrote an article and put a blackjournalist's name above it, Khadija Magardie reportsThe Johannesburg High Court looks miles away from a resolution of thedispute between the Mail & Guardian and the country's ruling party.The newspaper's former editor, Phillip van Niekerk, and former M&Gjournalist Lizeka Mda are suing a senior member of the African NationalCongress, and the party for defamation. This was after Van Niekerk wasaccused of being a dishonest racist who penned an allegedly nefariousarticle under Mda's byline.In what could possibly set a legal precedent, the court is being askedto broaden the law of defamation, which only makes monetary awards, toinclude, as part of relief sought, a declaratory order for a retractionand a formal, written apology. The two journalists are not seeking anyfinancial award from the court. [snip][17] http://allafrica.com/stories/200105240206.htmlA Christian Perspective On Press FreedomFinancial Gazette (Harare)May 24, 2001 Posted to the web May 24, 2001 Tim NeillHarare The charging of the editor-in-chief of the Daily News with criminaldefamation is fundamentally an assault on Press freedom. It is in thesame category as the bombing of the printing press of the Daily News,the forceful closing of Capital Radio, the torturing of journalists andthe like. [snip]Questions, comments and suggestions to Vergil Bushnellvbushnell@cptech.orgCPT Home Page CPT'sHague Convention Page CPT'sE-Commerce Page |
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