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Hain almost faced sex libel case







Hain almost faced sex libel case

Hain almost faced sex libel case 08/20/2004 02:18 AM

Commons Leader Peter Hain almost faced a criminal libel prosecution over sex scandal allegations he made 30 years ago.




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Hain almost faced sex libel case

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This is a legal question that's going to keep showing up: is a news publisher liable for libel laws in countries other than where they publish, if they publish on the web? A few years ago, an Australian court ruled yes, saying an Australian man could sue Dow Jones in Australia over a story they wrote and hosted in the US. Last month, a similar case got some attention, but this time, because the person who felt wrong lived in Saudi Arabia, but sued in the UK because they have stricter libel laws. This, of course, demonstrates the real problem with leaving this jurisdictional question open: people will jurisdiction shop to find one with more favorable laws. The latest case adds another twist. A former UN official accused of various "sexual and financial transgressions" is suing the Washington Post over their stories on the subject in Canada. A Canadian court has said this is okay. In his defense, he does live in Canada. However, he didn't move there until three years after the article was published. Either way, these types of cases are going to become increasingly common, and certain locations will build up reputations for (a) allowing internet libel cases that originated elsewhere to be heard there and (b) for regularly siding with the individual making the accusations.

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(Following links are all in Finnish. Sorry.)

Ilkka Pöyry, the headmaster of the Muhos Korivaara school, who has been using (and approving) questionable methods to give fundamentalist religious schooling to kids in the elementary grades (3-4), has sued Jani of Marginaali for libel. (Well, not really sued, it's more like asking the police to look into the matter by claiming that a crime has occurred. I don't know the English words for that.)

While Jani's tone in expressing his opinion is, in my opinion, overly harsh, his feelings are understandable. Knowing Finnish mentality the situation has had to have been really bad, if multiple families have gone against the popular opinion in a small, Finnish rural town. The person who was supposed to investigate the matter within the town reported multiple attempts to prevent his work or to arrive at a certain conclusion, including a lawsuit by the same Ilkka Pöyry (which the police found unfounded). Even an expert group investigation was declared secret by the town council, though the conclusion was made public, and resulted in the Oulu regional government issuing a warning to the headmaster.

Now Mr. Pöyry seems to go around on a rampage, trying to fix his tarnished reputation by suing people who were angered by the news articles (not a smart tactic). It will be an interesting landmark case for Finnish bloggers, because if Jani is convicted, a great many people will have to start and bite their tongues. While Jani's language is harsh, it is not unheard of, and I've read far worse comments about other people in both blogs and the USENET newsgroups. Besides, Jani has written about it only once - some others have been doing it for years.

Update: The Enter-magazine wants to know why the Oulu police is telling Jani to remove the pages, as this is clearly unconstitutional? Only a court can order web pages to be shut down...

Update2: The story of askola.org is also worth reading. A local elected representative of Askola has been holding a column on the Internet, criticizing the Central party -lead town council, and was sued for slander. He was found guilty and was sentenced to 200,000 € worth of damages (which is very high in Finland), but has since appealed to the EU human rights court. The case seems otherwise pretty usual, petty Finnish local politics, but what is really odd is that apparently two separate courts refused to say exactly what he had done wrong and point out the parts of his writings that are libelous. That worries me a lot. Anyway, he has now decided to carry a video camera with him to the council sessions and tape everything, which seems to have a very calming effect on the sessions. I think this is a good example of the transparent society in action, and how it would benefit even on a local level.

Update3: The police has now instructed Jani to remove the offending material from the website according to the ".fi top level domain rules", which state that the police can ask for a suspension of a domain, if it's suspected to be used in crime. However, Jani's web site is under the ".net" -TLD, so to me this sounds awfully like an unlawful threat... What kind of police behaviour is this!?! "Remove the stuff or we'll shut you down completely!" What happened to "innocent until proven guilty"?

Update4: The media got interested as well. Tuomas Kilpi of Enter-magazine has asked the Finnish high-ranking police officials and the Ministry of Communication wh

...

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Hain almost faced sex libel case

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