COURTS: Weekly's harsh criticism of New Year parade committee prompted legal fight.
09/14/2009
By Greg Mellen
Staff Writer
Long Beach Press Telegram (California, USA)
SAN PEDRO - A Cambodian news editor being sued for defamation agreed Monday to publish an apology in his newspaper to the offended parties in exchange for having the suit dropped.
Narin Kem, editor and publisher of Serey Pheap, a Cambodian weekly newspaper, agreed to apologize for statements made in the newspaper between 2005 and 2006 without admitting whether the statements were defamatory.
Bill Shibley, the attorney for Kem, said his client would be hard-pressed to bear the cost of a protracted trial and the settlement allows Kem to continue operating his publication.
Kem was unavailable for comment.
In the apology, Kem wrote "I made numerous statements which (the defendants) claim impugned their character and integrity by charging them with misconduct."
The complainants were Danny Vong, Sweety Chap, Kundy Kol, Thommy Nou and Sereivuth Prak.
In their suit, the five had asked for $300,000 each.
In 2005, when the Cambodian community was racked with dissension over the proposed date for the inaugural Cambodian New Year Parade, Kem was a vocal critic of the parade and members of its organizing committee.
The event was initially scheduled for April 17, the 30th anniversary date of the rise of the Khmer Rouge to power in Cambodia.
Many, like Kem, believed it wrong to celebrate on a day that marked the official onset of the Khmer Rouge reign, which ended 44 months and about 2 million dead later.
As the New Year dispute escalated, so did the rhetoric with Kem harshly criticizing parade organizers.
Those on the parade committee contended the attacks were personal, while Kem's defense was that the pieces were opinion and protected as freedom of speech under the First Amendment of the Constitution.
Paline Soth, who has written occasional pieces for Serey Pheap, says it is important for those like Kem to have a voice in community discourse.
"I believe it's our way of exercising our freedom of speech," Soth said. "We're voicing our opinion and it's a plus."
greg.mellen@presstelegram.com, 562-499-1291
09/14/2009
By Greg Mellen
Staff Writer
Long Beach Press Telegram (California, USA)
SAN PEDRO - A Cambodian news editor being sued for defamation agreed Monday to publish an apology in his newspaper to the offended parties in exchange for having the suit dropped.
Narin Kem, editor and publisher of Serey Pheap, a Cambodian weekly newspaper, agreed to apologize for statements made in the newspaper between 2005 and 2006 without admitting whether the statements were defamatory.
Bill Shibley, the attorney for Kem, said his client would be hard-pressed to bear the cost of a protracted trial and the settlement allows Kem to continue operating his publication.
Kem was unavailable for comment.
In the apology, Kem wrote "I made numerous statements which (the defendants) claim impugned their character and integrity by charging them with misconduct."
The complainants were Danny Vong, Sweety Chap, Kundy Kol, Thommy Nou and Sereivuth Prak.
In their suit, the five had asked for $300,000 each.
In 2005, when the Cambodian community was racked with dissension over the proposed date for the inaugural Cambodian New Year Parade, Kem was a vocal critic of the parade and members of its organizing committee.
The event was initially scheduled for April 17, the 30th anniversary date of the rise of the Khmer Rouge to power in Cambodia.
Many, like Kem, believed it wrong to celebrate on a day that marked the official onset of the Khmer Rouge reign, which ended 44 months and about 2 million dead later.
As the New Year dispute escalated, so did the rhetoric with Kem harshly criticizing parade organizers.
Those on the parade committee contended the attacks were personal, while Kem's defense was that the pieces were opinion and protected as freedom of speech under the First Amendment of the Constitution.
Paline Soth, who has written occasional pieces for Serey Pheap, says it is important for those like Kem to have a voice in community discourse.
"I believe it's our way of exercising our freedom of speech," Soth said. "We're voicing our opinion and it's a plus."
greg.mellen@presstelegram.com, 562-499-1291
22 comments:
Cambodia Town
Long Beach, Ca
You are corrected big brother Polin Soth your comment is well educated than Danny Vong whom used to sleep with a married woman which an exchanged of his jewelry that provoke her husband anger. Therfore,I knew those four men,then they will not insulte me because I will put them in jail if they are going to Cambodia.
New Phally
KEM NARIN and LY DIEP are Vietnamese Spies living with our Cambodian Community destroying our society , they both claiming they are KHMER REPUBLIC supporters but they are actually YUON .
From The Young KHMER REPUBLIC Coammnado 1970.
freedom of speech "not" without consequenses!
I am not surprised to see the spread of typical cambodian defamation becomes international.
this applied tactics are used to supress nationalism's voices of oversea cambodians.
it become a testing for human rights issues for cambodians.
Neang SA
2:29 PM
Nationalism's voice? Lol right. The only thing nationalism about you and your kind is that word. Nationalism is what opportunist exploit.
Most time than not, people that use the world patriotism and nationalism are neither of the above but an slipper snake that use sensitive issues to their advantage, usually bad ones too.
Just look at Thailand right now. All factions call themselves democratic and nationalist but none of their action is so forgiving to their national benefits but instead personal partisan one.
បក្សប្រឆាំងនៅកម្ពុជាមិនដែលបាននិយាយអំពីដែលទាហ៊ានថៃដែលវាបានធ្វើបាបប្រជាជនខ្មែរទេ។
បើប្រជាជនខ្លួនឯងប្រមុខរាជ្ធាភិបាលខ្លួនឯងនិយាយពុំដែលបានឈប់ឈរទេ។នេះហើយបក្សប្រឆាំង
ធ្វើការឲ្យជនបរទេសពុំដែលគិតអំពីប្រជនខ្លួនឯងទេទោះជាប្រជាជនស្លាប់រស់យ៉ាងណាក៏ដោយ
ក៏ពួកគេពុំខ្វាយខ្វល់ឡើយដោយធ្វើធ្វីមួយពុំចូល
រួមជាមួយរាជរដ្ធាភិបាលទេ។ពួកបក្សប្រឆាំងនៅ
ស្រុកខ្មែរដោយមានបង្អែកទៅលើសហរដ្ធអាមេរិក
ពេកហើយបានភ្លេចនៅភាពក្រីក្រប្រទេសកម្ពុជា
អស់ហើយ។កុំភ្លេចថាអាមេរិកាំងក៏ធ្លាប់ចាញ់សង្គ្រាមនៅស្រុកខ្មែរម្តងរួចទៅហើយដួច្នេះសហរគេនឹង
បញ្ចុះបញ្ចូលនៅបក្សប្រឆាំងនៅប្រទេសកម្ពុជាជា
ជនអគតិមិនដែលគិតអំពីរប្រទេសរបស់ខ្លួននោះសោះ។ដួច្នេះរាជរដ្ធាភិបាលកម្ពុជាមិនអាចទំនាក់
ទំនងប្រទេសដែលមិនគិតមុខក្រោយថាតើបក្សណាខុសបក្សណាត្រូវឲ្យតែមានបក្សណាមួយបាន
រាយការមុនបក្សនោះជាបក្សត្រឹមត្រូវបក្សណារាយ
ការក្រោយបក្សនោះខុស។ទង្វើររបស់អាមេរិកប្រជា
ជនកម្ពុជាមិនអាចទទួលយកបានទេម៉្យាងវិញទៀត
អាមេរិកនិយាយបាតដៃខ្នងដៃជានិច្ចជាកាលដាក់
រដ្ធាភិបាលកម្ពុជាជហួរហែរជាយួរយារមកហើយ។
គឺចាប់ពីឆ្នាំ១៩៧០ដល់ឆ្នាំ១៩៧៥គឺអាមេរិកទម្លាក់
គ្រាប់បែករាប់លានគ្រាប់មកលើទឹកដីកម្ពុជាហើយ
បណ្តាលឲ្យប្រជាជនកម្ពុជាបានស្លាប់រាប់ពាន់រាប់
ម៉ឺននាក់នៅក្នុងអម្លុងនោះ។ឥឡូវមានតែបក្សប្រឆាំងនៅកម្ពុជាទេដែលអង្វរករឲ្យអាមេរិកជួយពួកគេ។
សូមពួកប្រឆាំងនៅកម្ពុជាគិតថាបើខ្មែរមិនបានអាមេរិកជួយទេក៏មានពិភពលោកគេនឹងជួយកម្ពុជាដែរ។
Even abroad charged with defamation. Oh my Gosh! They will laughed all the way to the bank.
7:11 PM,
អាឯងកុំល្ងង់ពេក
សូមឯងប្រើខួរក្បាលឯងផង។
7:11PM, I think it took you very long just to type paragraphs in Khmer and it didn't even making any sense.
To the Cambodia Town in Long Beach, California, U.S.A,
Please support Cambodian People Party, Samdech Daychu Hun Sen, Samdech has had built the country for over thirty years since 1979. Do not forget January 7, 1979 you and the rest other Cambodia were able to flee the country. And thanks for all of you came and support CPP.
Note: if you write long sentence like a whole book, I don’t have time to read it. Thanks)
Angkorian Krama Man
To the Cambodia Town in Long Beach, California, U.S.A,
Please do not support Cambodian People Party, Samdech Daychu Hun Sen, Samdech has had sold the country for over thirty years since 1979. Do not forget January 7, 1979 you and the rest other Cambodia were not able to flee the country. And thanks for all of you came and did not support CPP.
Note: if you write short sentence like a whole book, I don’t have time to read it. Thanks)
Angkorian Krama Man
People are suing for disinformation and defamation everywhere in the world all the time, not just in Cambodia, becuase there are different between freedom of speech and freedom of the press to personal acttack, attack of groups of people,and attack of an entity.
You can attack a person, a group of people, an entity of your writing, but you must have evidences to back up your claims, and that evidences must be able to prove in the court of laws.
measthes@yahoo.com
Those comments from Mr Kem was just a freedom of speech, he has the right to express his own opinon.Living in the freedom country we must learn how to accept the criticism from the critics. "Brighten up"
ah New Phally, you have no proof whatsover about Danny Vong love affairs. As you don't have solid proof to support your accusation, you defame somebody too, ah Lngeu! Kem Narin's loss in this case doesn't mean that those five individuals are free of faults. Don't be so excited about your victory, crooks!
A Narin-A me chraleum kaun yuon bamphlanh Khmer!
He is yukong! He just blast every body for no reason. It's not at all about freedom of press, it's freedom of saying publishing trash words from a community destroyer like him and his very few trash. He bothered everyone in Cambodian Community with his newspaper. He think that with newspaper he can say anything bad to anyone. He deserves to be in jail. He is the lowest one I have known in this world! He should go to HELL!
Is there anyone of you five individuals getting involved wit Watt Irap's $600,000, which is now goes down to almost ZERO? I think anyone who is getting involved in that money is the one who really harms those old people.
Your comment is not the whole truth. If you tell me your real name, I can tell you what kind of a person you are. Those who are disturbed the most from what Kem Narin has written are the Hun Sen's active supporters. If you don't believe me, ask your subconscious mind. It will tell you the whole truth.
7:11 PM និយាយត្រួវមែន។
បក្សប្រឆាំងនៅកម្ពុជាមិនដែលហាននិយាយ
អំពើទាហ៊ានថៃធ្វើបាបប្រជាជនខ្មែរទេ។
បើប្រជាជនខ្លួនឯងប្រមុខរាជ្ធាភិបាលខ្លួនឯង
និយាយពុំដែលបានឈប់ឈរទេ។
ដួចជាចោសៀមដុតកូនខ្មែរ១រួបទាំងរស់
កុំឪយមានបក្សប្រឆាំងណាម្នាក់ហានអើតមុខ។
ដល់ពេលហានអើតមុខគឺយកទុក្ខមកដាក់ខ្លួន
រួចរត់ទៅសុំទោសហុនសែនបន្តគ្នា។
ah pleu should write your silly comment where the article is about Thai soldiers killed Khmer boy, ah pleu.
And the opposition party has no need to talk about it. It's the full resposiblity of Hun Sen because all Khmer soldiers belong solely to the CPP.
Huh? I don't get it. So any opinions in the newspaper can be sued for "defamation"? What is defamation again? Defamation = "The expression of damaging or malicious OPINIONS." I thought in the United States, you can't be sued for expressing OPINIONS, so why is the news editor being sued and forced to write an apology instead? I don't get it!!! I thought you can say anything in the United States...so why this law suit for expressing one's opinions? I just don't get it, can someone please explain.
TO 12:08PM,
Yes the news person can express opinion, but there is different between opinion and accusation, opinion is a personal view, attitude, or appraisal. For example, the news person said, I believe somebody who work in this temple misused the temple's fund, this would be his opinion, but if the news person said, Danny Vong who work in this temple misused the temple's fund, now it is an accusation, and when there is an accusation the news person must have evidences to support his claimed, and the evidences must be able to prove in the court of laws.
Defamation: The act of defaming; false or unjustified injury of the good reputation of another, as by slander or libel.
Slander: Oral communication of false statements injurious to a person's reputation.
Libel: A false publication, as in writing, print, signs, or pictures, that damages a person's reputation.
News person are going to jail all the time in the US for this defamation.
measthes@yahoo.com
those crappy group including Dany vong and all those bla bla bla about Cambodia town in LB they're all just piece of shit try to make their own self face and salary.
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