Wasn't there a similar event in Malaysia recently?boomer wrote:CD & KT articles on this:
https://www.cambodiadaily.com/news/drun ... on-108293/
http://www.khmertimeskh.com/news/21313/ ... s-ceiling/
PP:Dutch Expat Niels Van Klooster in Custody For Being Drunk,Makes It Worse With Escape Attempt
Police have announced a coming change to the drink driving laws. No court appearances for 1st. offenders-only a modest fine. Did this come from complaints on HE's Facebook page? Conflicting reports about the Dutchman. One paper has him charged with willful destruction yesterday, while another claims charges were dropped after he promised his family would repair the damaged cell. Hmmmm....
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.
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.
https://www.trc.gov.kh/wp-content/uploa ... ode-en.pdfSection 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.
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Streisand effect
I don't recall tbis when it first happened
I don't recall tbis when it first happened
- Hanno
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I just do not understand when someone comes back years later and makes threats like this instead of letting sleeping dogs lie. I am sure that I am not the only one who had completely forgotten about this event.Violettoo wrote: ↑Thu May 06, 2021 3:32 pmStreisand effect
I don't recall tbis when it first happened
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"I realized that If I had to choose, I would rather have birds than airplanes."
Charles Lindbergh
Charles Lindbergh
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Odd that such a distinguished firm is concerned about infringement of the civil code, given defamation is under the penal code. Of course it is difficult to pursue defamation if you haven't been defamed.
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Probably because it's not really a "sleeping dog" if people find this article whenever they google "Niels Van Klooster."
It looks like he's in Bangkok, Thailand now working for Agoda, so he's not even in Cambodia anymore.
Follow my lame Twitter feed: @gavin_mac
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Has Niels Van Klooster threatened the owner of Koon Khmer and demanded he take down his article and these Youtube videos?
I'll bet the Koon Khmer owner totally ignored him.
I'll bet the Koon Khmer owner totally ignored him.
- Lucky Lucan
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Romantic Cambodia is dead and gone. It's with McKinley in the grave.
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That coat typifies Go Go Gadget Syndrome. He can communicate with hair dryers and believes his dim-wittedness is terrifying to others.
“Some people never go crazy. What truly horrible lives they must lead.”
― Charles Bukowski
― Charles Bukowski
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I think it's very important the right to be forgotten, how else are you going to rehabilitate offenders if they always have something hanging over them on the internet. I mean he didn't really do anything that bad did he. Does the world need to know that he got drunk and kicked a door. It's a shame he didn't come and ask Alexandra nicely he would have probably got a better result.
- Lucky Lucan
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I used to love the pictures posted on Koon Khmer. If the owner of Koon Khmer ignored him it was possibly because unfortunately he committed suicide a few years back.Srey Bourque wrote: ↑Thu May 06, 2021 6:40 pmHas Niels Van Klooster threatened the owner of Koon Khmer and demanded he take down his article and these Youtube videos?
I'll bet the Koon Khmer owner totally ignored him.
Romantic Cambodia is dead and gone. It's with McKinley in the grave.
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