William George Jewsbury. I say!Jitters wrote:You can kill someone and pay a few grand in this country and get away with it... and this guy wants $50,000 for a few online posts? Who is this clown?
William George Jewsbury
- batshitcrazyweirdo
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I love bitches n gonna fuck Texas and the USA+ right up their god damn ass! Hallelujah!
- batshitcrazyweirdo
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Ok. You can be a right twat, Playboy. Just bum a guy out, right quick. G'bye.
I love bitches n gonna fuck Texas and the USA+ right up their god damn ass! Hallelujah!
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- Impin' Aint Easy
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I'm so happy that this saga hasn't ended! It might very well outlive the forum itself. Is Billy still in England?
What a long thread. I have forgotten what he looks like now but I see he comes from Mansfield, Notts. My father's family came from there. It's odd to see KIR being mentioned, what year did he die?
- Miguelito
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I would say there are three main issues to take into consideration:Alexandra wrote:Migs, I’m not so sure Cambodian courts will agree with you on the application of American law here. It’s how technology works but the court is a gamble (remember what time it is). Last I checked your server was actually in Singapore hosted by a US company. Regardless, you are here, run the website from here, type and moderate usually from here, you target Cambodia and write about people in Cambodia. It can easily seem like Cambodian laws should apply. I guess this is the risk you don’t take when you live in Saudi. But you live here, have strong ties to here and probably wish to stay, yes? You’re at their mercy.
I know it’s funny to send TPB style FU emails referring to dead posters, but you should lawyer up and let them do the FU-ing with stamps and letterheads.
Jewsbury doesn’t need to pay to make the lawyer pursue a defamation case. It’s a criminal matter and the state compensates whether he wins or loses and with a profit share deal with Jewsbury he may think he can get something.
Buckle up and fuck Jewsbury and his bullshit.
1) Are forum owners liable for what users post? The answer is an unequivocal no. Users are liable for what they post, not the owners. You can even take Cambodian examples of this -- I have seen several users on Facebook be charged for what they have posted, but to the best of my knowledge Mark Zuckerberg has not been charged.
2) If William wanted to sue any specific user for what he claims is libel, then what jurisdiction should he pursue those charges? William is a British citizen, and sent letters to two Brits and an American, again for what was posted on a website hosted in the U.S. William is either living in the UK, or in Vietnam (I really don't know), but not in Cambodia. When he did live here he was doing so illegally (based on what he has posted about visas and "needing to flee Cambodia" in the above letter). His major claims of tort are the emotional distress that it has caused his mother (in the UK), and that he couldn't find work in Cambodia. I think that's a very thin case for any legal action in Cambodia. Perhaps in the UK against other UK citizens, but even that will be a stretch.
3) Are the claims valid? Well, he would need to bring them to court to prove them. It will be a hard sell that posts starting by quoting his own public Facebook page talking about his drug use, caused that drug abuse (simple logic about how time works can prove that one wrong). It will also be a hard sell when in the above letter he has even admitted breaking the law by living in Cambodia.
Lastly, he has thus far demanded $150,000 for what he claims is five years of damage. Simple math brings that number down to four years (again, he must have trouble with this concept known as "time"). So he wants $37,500 a year in damages for not being able to find employment in a country where the annual household income per capita is about $1,300? Good luck with that.
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Let's say William hauls you into court in Cambodia, since you live there.
Do you really think "I'm not responsible for defamatory comments that users of my publicly accessible website make" is a winning argument, in Cambodia?
Do you think the Cambodian judge will say "this Miguelito guy makes an excellent point, he shouldn't be responsible at for what his users say about Jewsbury, the prime minister, the King, etc."?
Do you really think "I'm not responsible for defamatory comments that users of my publicly accessible website make" is a winning argument, in Cambodia?
Do you think the Cambodian judge will say "this Miguelito guy makes an excellent point, he shouldn't be responsible at for what his users say about Jewsbury, the prime minister, the King, etc."?
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Well according to Article 309 (Court Proceeding with Regard to Defamation and Insulting) of the Criminal Code: "For the case of defamation or insulting against private individual, the charge is filed by the person who suffered from defamation or insult. The referral of the case for adjudication is made directly by the plaintiff by stating his/her residence in a province/municipality where the court receives the complaint and will notify the accused and the prosecutor."gavinmac wrote:Let's say William hauls you into court in Cambodia, since you live there.
Do you really think "I'm not responsible for defamatory comments that users of my publicly accessible website make" is a winning argument, in Cambodia?
Do you think the Cambodian judge will say "this Miguelito guy makes an excellent point, he shouldn't be responsible at for what his users say about Jewsbury, the prime minister, the King, etc."?
To the best of my knowledge, William Jewsbury does not reside in a province or municipality in the Kingdom of Cambodia, so he might have trouble filing this claim. If he does manage to file the claim, keep in mind that "After receiving the complaint which follows the above procedures, the court may order the plaintiff to pay deposit." I don't think he's going to be willing to pay a deposit.
Lastly, if the attorney thinks he can file on William's behalf, I will remind the judge that "The respect of the procedures is mandatory otherwise the charge will be considered as null and void."
And, just for the record, Article 305 of the Criminal Code defines defamation as follows: “Defamation shall mean any allegation or charge made in bad faith which tends to injure the honor or reputation of a person or an institution.”
I don't believe I have made any such allegations or charges, so I'm not too worried.
You are comparing a Cambodian owned, centered, founded and financed website that targets Cambodia to an American megacorporation that operates in another jurisdiction and targets the entire world. Khmer440 as an electronic billboard is more like a newspaper with a comment section, a radio station in writing that allows its listeners to phone in and voice opinions.Miguelito wrote:1) Are forum owners liable for what users post? The answer is an unequivocal no. Users are liable for what they post, not the owners. You can even take Cambodian examples of this -- I have seen several users on Facebook be charged for what they have posted, but to the best of my knowledge Mark Zuckerberg has not been charged.
Newspaper publishers and radio station owners are held responsible for relaying uncensored opinions and thoughts of the public. Mam Sonando was charged 2003 for something a listener said on his radio station. "They blame me for broadcasting an opinion of a listener which turned out to be untrue. But if I have to go to jail to allow people to express their opinion I am happy." http://news.bbc.co.uk/2/hi/asia-pacific/2712027.stm
What is Khmer440, Facebook or Beehive Radio?
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You haven't addressed my questions at all and are now spouting technicalities.
Do you think the current mood in the Cambodian judiciary leans towards insulating foreign website owners based in Cambodia from claims of defamation based on statements made on their websites?
If a Cambodian newspaper like the Post or Daily had published a letter to the editor from a reader who claimed to have seen a high ranking member of government standing on Norodom boulevard sucking off a horse, and then the newspaper or it's editor said "Hey, we just publish what other people say, we're not saying he sucked off a horse, sue the letter writer" do you think that would be a winning argument in a Cambodian court?
Do you think the current mood in the Cambodian judiciary leans towards insulating foreign website owners based in Cambodia from claims of defamation based on statements made on their websites?
If a Cambodian newspaper like the Post or Daily had published a letter to the editor from a reader who claimed to have seen a high ranking member of government standing on Norodom boulevard sucking off a horse, and then the newspaper or it's editor said "Hey, we just publish what other people say, we're not saying he sucked off a horse, sue the letter writer" do you think that would be a winning argument in a Cambodian court?
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If I were Jewsbury's lawyer, and I were prosecuting this case, I would try to make the case as little about Jewsbury as possible. I'd try to put Khmer440 on trial before a Cambodian judge.
"Look at all this scurrilous and insulting shit these foreigners on Khmer440 are saying about Cambodia, Cambodians, Cambodian business leaders, Cambodian public officials, Cambodian police officials, Cambodian judges, friends and family members of the prime minister who may or may not be thuggish corrupt biters of women, etc. Jewsbury is just one victim. Let's rule in sleazy Jewsbury's favor and enter a judgment against the owner of the website or throw him in jail and shut this shit down."
"Look at all this scurrilous and insulting shit these foreigners on Khmer440 are saying about Cambodia, Cambodians, Cambodian business leaders, Cambodian public officials, Cambodian police officials, Cambodian judges, friends and family members of the prime minister who may or may not be thuggish corrupt biters of women, etc. Jewsbury is just one victim. Let's rule in sleazy Jewsbury's favor and enter a judgment against the owner of the website or throw him in jail and shut this shit down."
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That would be an interesting stance for a human rights lawyer to take. Might damage some of his street cred.gavinmac wrote:If I were Jewsbury's lawyer, and I were prosecuting this case, I would try to make the case as little about Jewsbury as possible. I'd try to put Khmer440 on trial before a Cambodian judge.
"Look at all this scurrilous and insulting shit these foreigners on Khmer440 are saying about Cambodia, Cambodians, Cambodian business leaders, Cambodian public officials, Cambodian police officials, Cambodian judges, friends and family members of the prime minister who may or may not be thuggish corrupt biters of women, etc. Jewsbury is just one victim. Let's rule in sleazy Jewsbury's favor and enter a judgment against the owner of the website or throw him in jail and shut this shit down."
Whatever the legal arguments developed here I'm not overly concerned Jewsbury could make anything stick. We've had at least 2 pretend lawyers (Keith McCarter and that nutjob in kampot) look at it and it never led to anything.
This site also doesn't have a political agenda, even if personal opinions are developed sometimes they cannot be construed as attacks against our hosts.
This site also doesn't have a political agenda, even if personal opinions are developed sometimes they cannot be construed as attacks against our hosts.
- batshitcrazyweirdo
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I love bitches n gonna fuck Texas and the USA+ right up their god damn ass! Hallelujah!
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