Alexandra wrote: ↑Thu May 06, 2021 2:58 pm
On April 28, 2021, Khmer440 received a request to remove this thread by a man claiming to have engaged one of the largest law firms in the world.
We were given 7 days (until yesterday) to comply with the cease and desist notice.
2 minutes after receiving the notice we responded firmly with: “No”. What followed was a brief exchange of emails where the sender claimed that legal action would be taken and that they will demand financial compensation from Khmer440 if we did not comply with the request.
It has now been 8 days since we received the threat and we will not comply.
The sender of the complaint claims to be planning to sue us for breaching civil codes 11, 12 and 13.
The story about how Mr. Niels Van Klooster drank too much, made a fool of himself, got arrested and tried to escape through the roof was widely reported on at least Arey News, Cambodia Daily, Khmer Times and Fresh News.
The details of his arrest and his prosecution is public information. It is not illegal for Khmer440 to discuss the news and related criminal prosecutions. The cease and desist notice is therefore considered unlawful and treated as such.
It is interesting to notice that Cambodia Daily, Arey News and Khmer Times have removed the related news from their website. Perhaps they were subject to the same intimidation as Khmer440.
While Mr. Niels Van Klooster seems to successfully had the video removed from Facebook, articles about his arrest are still available on Fresh News
here and
here.
I will let you know if the situation escalates.
Subject:
Legal Notice: Cease & Desist
Message:
Hello,
This is a legal notice that if you do not remove your article
regarding Mr. Niels Van Klooster you will be subject to both local and
international legal action regarding data privacy laws.
By publishing his image and name you are in violation of data privacy
law and liable for any damages to both his employment damages and
personal wellbeing.
You have 7 days to remove the article before legal action will
commence via TOP NOTCH LAW FIRM.
Dear Khmer440,
Please note that legal action and full damages will be claimed from your website. Legal action has been initiated and if the page is not removed within the aforementioned 7 working days your website will be subject to international and local data privacy violation law.
Hello,
Thank you for your email.
You will note that several other articles and YouTube videos have already been removed.
As discussed below if the article is not removed within 7 working days legal action will commence via our retained law firm.
Section II. Personal Rights
11.(Right to injunction)
Where there is a danger of unlawful infringement of a personal right, or where there is a danger that such an infringement that has already occurred will unlawfully continue or be repeated, the personal right holder may demand to enjoin such infringement.
12.(Right to demand elimination of effect of infringing act)
A person who has suffered an unlawful infringement of a personal right may, where the infringing state is continuing due to the continued presence of the effect of the infringing act, demand the elimination of the effect of the infringing act unless such elimination is not practically feasible.
13.(Right to damages)
The provisions of Articles 11(Right to injunction) and 12(Right to demand elimination of effect of infringing act) shall not prevent a person who has suffered an infringement of a personal right from seeking damages for any harm suffered from such infringement in accordance with the provisions regarding tortious acts.
https://www.trc.gov.kh/wp-content/uploa ... ode-en.pdf