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[Message] Legal action against slander!
Topic Started: Jan 31 2015, 08:19 PM (9,857 Views)
Pear
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carefree
Feb 4 2015, 08:43 AM
Nobody likes to be called an OLDIE, mature and wise perhaps?
I'm "ripe". ::na:: :#)  :oAz
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Belly Button
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OK Pear, you are the Ripe Huomi and I will retain the Super Oldie Huomi title. Glad you are not fighting with me.  :oAz

An article I googled and found re 'online defamation'. http://www.techlife.net/2013/05/online-defamation-what-you-need-to-know.html

It is interesting to note that one can be sued if one downloads the defamatory article in one's country even though it originates from another country. The article said many people are not aware of potential litigation because they feel free to write whatever they like. And
it seems that the moral of the story is "if you don't have anything nice to say, don't say it". It is interesting that one can sue another in another country for libel and if found guilty, that person could be jailed if they ever set foot on the country where they were sued and found guilty.

I do not know the sophistication of China's defamation law but I hope it is sufficient to protect people who are hurt by irresponsible behaviour. If we go by international precedents, it is clear that damage is done to his reputation which is important to his trade. There is obvious grievance in my opinion.




Wallace: Let your works speak on your behalf, let your character speaks for you.
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yueniang
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well, this is the day all the garbage must be deleted, but l also doubt it will be...and l also hope they take them into court and, even if hard fro Wallace, they will be punished publicly |^o they deserve it!

ah so, then MIA Bombo indeed. The thing is, who did take the action?

Tobe, so it's confirmed it all comes from that girl with a male name?
yueniang
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Pear
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Most people use fake names to post slander and assume that they wont be found out / traced.

I think the government hackers are very sophisticated at tracking folks down if they are anti-government, but this is a citizen against citizen issue, so the government won't use their best hackers to track anyone.
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Pear
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Sina Weibo is trying to force the user verification system so that at least the media cannot post lies/slander. I don't know how they can force the regular user to present government ID.
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jean_asne
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Joe Chen ??? Is she a good influence on Wallace ? Or the opposite.. It's a pity coz they look good on Swordman.
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jean_asne
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Pls post updates on Facebook also. I'm so looking forward to a positive result about this case... Wallace is such a good person.
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yueniang
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Yes, we need to know what's going on!! the three days have passed, what's happening, girls? :-)-- :-)-- %)- %)-

(beautiful avatar, jean_asne)
Edited by yueniang, Feb 6 2015, 12:19 PM.
yueniang
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Belly Button
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Jean, I love Li Jing. I find him so sweet and adorable.

yueniang, I think if Huajae is pursuing this case in court, then it is likely they won't discuss the matter in public in case of prejudice.

I am never interested in legal matters but as a Huomi, I am reading whatever I could find on China's online defamation legislation via internet and my workplace's library law journals. I found the legislation which was implemented in 2013. Now looking for any cases post legislation.
Wallace: Let your works speak on your behalf, let your character speaks for you.
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yueniang
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Great BB! good you are able to first, find the data and second, to understand it! l believe if there is any proof in his behalf, or against the slanders, it should be used.

And you are right, no news can mean there is already a tribunal case.
Edited by yueniang, Feb 7 2015, 10:18 AM.
yueniang
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Katie Huang
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jean_asne
Feb 5 2015, 04:28 PM
Joe Chen ??? Is she a good influence on Wallace ? Or the opposite.. It's a pity coz they look good on Swordman.
extremely bad one...
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Belly Button
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jean_asne
Feb 5 2015, 04:28 PM
Joe Chen ??? Is she a good influence on Wallace ? Or the opposite.. It's a pity coz they look good on Swordman.
Her microblog hinted of a relationship which sparked widespread rumours. Some of us think it is bad for Wallace considering he's a discreet person, and it kind of painted Wallace as a 'bad guy' unfortunately after a sequence of unfortunate events. I think there is a discussion earlier but too lazy to go back to look for it!
Wallace: Let your works speak on your behalf, let your character speaks for you.
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Katie Huang
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BB is right.I don't like her,she made huage into a large gossip
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DTLCT
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@BellyButton - I don't know why either, lol. Or maybe I kept wondering around randomly so I got lost and had to find my way back. [:-]

Back to the main topic, hope like some of you said, that there's a case in the process hence the lack of news, etc. Still twirling my thumbs, waiting. We can't do anything but support Wallace via all the responses. :-{}
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Wine
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Dtlct, if really to proceed a court needs to be patient, as it takes a long time.. I remember I have proceed a car accident case before it last for more than 3 years... We could only wait.....
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Wine
Feb 7 2015, 07:29 PM
Dtlct, if really to proceed a court needs to be patient, as it takes a long time.. I remember I have proceed a car accident case before it last for more than 3 years... We could only wait.....
Three years to resolve a car accident legal case? >;-> Wah.... like you used to say, Wine, neck becomes as long as giraffe's neck, maybe longer! The court must have an enormous backlog of cases. <:>=
Wallace: Let your works speak on your behalf, let your character speaks for you.
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yueniang
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uhhhhhh, l hope it won't take THAT long, as Wallace will be worried all that time!
Edited by yueniang, Feb 8 2015, 11:46 AM.
yueniang
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Wine
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In my point of view, I think the progress is more important than the result. During the progress, those make the defamation with black heart would clearly understand there will have the subsequent of what they have done. They have to stop it immediately, other penalty will follow.

About how to penalized them or fine them is another minor issue to wallace. Wallace don't need their money but apologies and stop defamation anymore!
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Wine
Feb 8 2015, 12:13 AM
In my point of view, I think the progress is more important than the result. During the progress, those make the defamation with black heart would clearly understand there will have the subsequent of what they have done. They have to stop it immediately, other penalty will follow.

About how to penalized them or fine them is another minor issue to wallace. Wallace don't need their money but apologies and stop defamation anymore!


Yes, I agree with Wine. Money is not the issue here. Reputation is. The only way to clear his name is to take it through the legal channels and court since it looks like 'they' refused to remove the slanderous article/apologise. 'They' would have to prove that what they wrote is true otherwise, this is clearly slanderous. Also some overseas sites have picked this up and published it looking like he is 'guilty' and involved in the allegation. This should not be tolerated, IMO.

Edited by Belly Button, Feb 8 2015, 08:57 AM.
Wallace: Let your works speak on your behalf, let your character speaks for you.
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yueniang
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No, it won't be tolerated. Isn't it strange these allegations come from some years ago as they say and are disseminated just now, when he has reached a high top in his career? This stinks, and it's done to harm him, someone has to hate him and envy him too much. But if the case is taken to Court by Huajae l think it all be cleared up. If it was true, they wouldn't do it through legal procedures.
yueniang
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Belly Button
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Yeah yueniang, I too guess that jealousy may be involved as Wallace is unfairly targeted in the slanderous article.

I found two interesting articles from the internet. I also found a journal which is quite similar to the pdf below so I won't post in here (anyway, my workplace online journal article won't be accessible by people who not members of the library. In Australia, many academic journals are now available online and in hard copy).

This pdf gives a brief outline of the Chinese Defamation Law Articles 101 & 102 under the Chinese Civil Law.

http://www.pillsburylaw.com/siteFiles/Publications/AdvisoryOct2013ChinaChineseDefamationLaw.pdf

This link discuss some recent online defamation cases in China : New Internet rules allow websites to be sued for defamation in China

http://www.scmp.com/news/china-insider/article/1613890/new-internet-rules-allow-website-be-sued-defamation-china

I never knew what the V signifies on Weibo until I read this article. Can anyone tell me whether there is a difference between a Yellow or Blue V?

Edited by Belly Button, Feb 8 2015, 12:44 PM.
Wallace: Let your works speak on your behalf, let your character speaks for you.
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Wine
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Bb,u are so fast, I just want to start studying the law in China about defamation. U are really hard work huami! s:+
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Belly Button
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Wine, you should still go ahead with your study of defamation law in China. Reason is what I found was obtainable online and from Western countries's journals and libraries. It is best to be able to look for the information in China itself as experts are within China. The interpretation may be slightly different. Check out precedents in all the defamation cases in China.

I am hard working because I am pissed off that our Wallace is being slandered and bullied. :-@ =:-(
Wallace: Let your works speak on your behalf, let your character speaks for you.
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yueniang
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and we really thank you BB!
They won't succeed harming our Wallace!
yueniang
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yueniang
Feb 8 2015, 08:55 PM
and we really thank you BB!
They won't succeed harming our Wallace!
Hiya, I am not a lawyer. Wish I am. Will fight tooth and nail to win the case for him.
We must rally behind Huajae and Wallace. :-V
I would like to believe good triumphs over evil.
Edited by Belly Button, Feb 8 2015, 09:23 PM.
Wallace: Let your works speak on your behalf, let your character speaks for you.
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yueniang
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They at least will know we support them!

and if this was Jianghu, we could really go and fight for them! the jianghu they're battling now is ugly and hard for us....
yueniang
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Wine
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If those guity are sentanced under criminal law, the penality of criminal defamation is sentanced to fixed-term imprisonment of not more than three years, criminal detention, public surveillance or deprivation of political rights! :=)
Edited by Wine, Feb 9 2015, 08:07 PM.
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DTLCT
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Wine
Feb 7 2015, 07:29 PM
Dtlct, if really to proceed a court needs to be patient, as it takes a long time.. I remember I have proceed a car accident case before it last for more than 3 years... We could only wait.....
Yes, we could only wait. I was just getting anxious, that was all. Need to be patient an see those people sweat later. Or worse. <:>=
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Wine
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I have studied the PRC defamation law already... :-)-- }|{

If the defamation case is sentanced under the act of tort, the fine is quite hugh... rmb500K... ~:-(
Edited by Wine, Feb 9 2015, 08:05 PM.
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Wine
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Wine
Feb 9 2015, 07:43 PM
I have studied the PRC defamation law already... :-)-- }|{

If the defamation case is sentanced under the Act of Tort, the fine is quite hugh... rmb500K... ~:-(
Edited by Wine, Feb 9 2015, 08:06 PM.
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