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.