Difamation law in Cambodia

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monomial
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Re: Difamation law in Cambodia

Post by monomial »

camboyano.hispano wrote: Wed Jan 01, 2020 8:43 am They said I didn't return the teaching materials and other school property on a letter to the parents whose children attend that school. I simply replied to the accusations. I didn't know I wasn't supposed to say the school name.
Did they use your name when they told the parents you did not return the materials, and was there any material reason why the parents needed to know this information? If they used your name and said something which damaged your reputation when it wasn't necessary for the public interest, you need to sue them for defamation.

Be warned though. Don't actually let it go to court. Court judgements in Cambodia are often awarded to whoever has the best relationship with the judge. Use your lawsuit as leverage to settle their lawsuit.
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cptrelentless
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Re: Difamation law in Cambodia

Post by cptrelentless »

Defamation laws here are a real bastard and expect them to toss anything it says in the law about maximum fines and jail time out the window when you are a foreigner. Either get it squashed now by negotiating with the cops for luy or GTFO.
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Bitte_Kein_Lexus
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Re: Difamation law in Cambodia

Post by Bitte_Kein_Lexus »

Username Taken wrote:Leave the country.

Then try to blend in somewhere as a student of English, rather than trying to teach English.
Who said he was teaching English? Jesus some people are condescending.

As for the actual question, I wouldn't worry too much. They're probably just threatening you, as taking someone to court is a lengthy and expensive process which I doubt they've be willing to go through with (depending on what you said).
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Re: Difamation law in Cambodia

Post by daeum_tnaot »

monomial wrote: Wed Jan 01, 2020 11:38 am
camboyano.hispano wrote: Wed Jan 01, 2020 8:43 am They said I didn't return the teaching materials and other school property on a letter to the parents whose children attend that school. I simply replied to the accusations. I didn't know I wasn't supposed to say the school name.
Did they use your name when they told the parents you did not return the materials, and was there any material reason why the parents needed to know this information? If they used your name and said something which damaged your reputation when it wasn't necessary for the public interest, you need to sue them for defamation.

Be warned though. Don't actually let it go to court. Court judgements in Cambodia are often awarded to whoever has the best relationship with the judge. Use your lawsuit as leverage to settle their lawsuit.

You'd probably be far better off collecting evidence - i.e. can you get a copy of the letter that they sent to the parents?. And then going to speak to a lawyer. They would probably know far better than people on this forum.
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Re: Difamation law in Cambodia

Post by pczz »

daeum_tnaot wrote: Thu Jan 02, 2020 11:03 pm
monomial wrote: Wed Jan 01, 2020 11:38 am
camboyano.hispano wrote: Wed Jan 01, 2020 8:43 am They said I didn't return the teaching materials and other school property on a letter to the parents whose children attend that school. I simply replied to the accusations. I didn't know I wasn't supposed to say the school name.
Did they use your name when they told the parents you did not return the materials, and was there any material reason why the parents needed to know this information? If they used your name and said something which damaged your reputation when it wasn't necessary for the public interest, you need to sue them for defamation.

Be warned though. Don't actually let it go to court. Court judgements in Cambodia are often awarded to whoever has the best relationship with the judge. Use your lawsuit as leverage to settle their lawsuit.

You'd probably be far better off collecting evidence - i.e. can you get a copy of the letter that they sent to the parents?. And then going to speak to a lawyer. They would probably know far better than people on this forum.
Even talkingto a lawyer here could bankrupt you! Just collect what evidence you can in case it is needed. OP could try offering a formal apology, even if what he said was true. he does not hold a good hand in this poker game
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Re: Difamation law in Cambodia

Post by General Mackevili »

The best defense against defamation is the truth. If you accused the school of lying, that might be a big issue. If you simply said 'I didn't steal shit,' that would be fine. They had also better have evidence that you did steal something, else they are in a bad situation as well if they are telling people you stole things.

As others have said, the cards are already stacked against you, being a foreigner.
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monomial
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Re: Difamation law in Cambodia

Post by monomial »

General Mackevili wrote: Fri Jan 03, 2020 3:34 am The best defense against defamation is the truth. If you accused the school of lying, that might be a big issue. If you simply said 'I didn't steal shit,' that would be fine. They had also better have evidence that you did steal something, else they are in a bad situation as well if they are telling people you stole things.

As others have said, the cards are already stacked against you, being a foreigner.
Be careful. Truth alone is not a defence as it is in the West. It not only has to be true, but there also has to be a compelling reason for telling someone. In the OP's case, even if what he said was true, he needs to be able to explain why it was in the common interest for the parents to be told that information about the school.

So you need to be prepared to prove not only that what you said about the school was true, but also what harm would have befallen those you told if had you not spoken up. Protecting your own reputation is not a sufficient reason to say something. Defamation cases are the approved way to protect your reputation, and that is what the school is doing. You need to play by the same rules if you are going to stay here.

My guess is the OP is probably guilty, and doesn't have much a bargaining position unless he also files suit for what the school said about him. Definitely get a lawyer if you plan on staying in country though. Do not try and do this on your own unless you think the school will accept a simple apology.
Ot Mean Loi
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Re: Difamation law in Cambodia

Post by Ot Mean Loi »

Ignorance of the law is seldom accepted as a defence at law.

Best consult your own lawyer before this escalates.

Simple solution. Delete your posting/s and write a simple and short letter of apology.

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Re: Difamation law in Cambodia

Post by daeum_tnaot »

monomial wrote: Fri Jan 03, 2020 4:22 am
General Mackevili wrote: Fri Jan 03, 2020 3:34 am The best defense against defamation is the truth. If you accused the school of lying, that might be a big issue. If you simply said 'I didn't steal shit,' that would be fine. They had also better have evidence that you did steal something, else they are in a bad situation as well if they are telling people you stole things.

As others have said, the cards are already stacked against you, being a foreigner.
Be careful. Truth alone is not a defence as it is in the West. It not only has to be true, but there also has to be a compelling reason for telling someone. In the OP's case, even if what he said was true, he needs to be able to explain why it was in the common interest for the parents to be told that information about the school.

So you need to be prepared to prove not only that what you said about the school was true, but also what harm would have befallen those you told if had you not spoken up. Protecting your own reputation is not a sufficient reason to say something. Defamation cases are the approved way to protect your reputation, and that is what the school is doing.
What is your source for this? I have never heard anything like this. Perhaps you are importing this concept from another country's law?
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Re: Difamation law in Cambodia

Post by daeum_tnaot »

General Mackevili wrote: Fri Jan 03, 2020 3:34 am The best defense against defamation is the truth. If you accused the school of lying, that might be a big issue. If you simply said 'I didn't steal shit,' that would be fine. They had also better have evidence that you did steal something, else they are in a bad situation as well if they are telling people you stole things.

As others have said, the cards are already stacked against you, being a foreigner.
Generally agree with this. Part of this situation also depends on which school it is. I also doubt they would actually go through with it.

OP seems to have disappeared on this one.
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