Rethinking legal action

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Had a very long discussion with a friend of mine who lives in the Philippines. He's a law student, very brilliant and he gave me some advice on my intention to take legal action against Warta Perdana. There are many more, very deep issues to this that i had not thought of before that is making me reconsider.

{ a friend }: yup. sounds fair enough. you do realize they just might run with a headline that says you're suing them over the incident?
aizuddin: yeah
aizuddin: would that be bad?
aizuddin: they can do that?
{ a friend }: depends on what your libel law says. that's permitted here.
aizuddin: sheesh

{ a friend }: yup. sounds fair enough. you do realize they just might run with a headline that says you're suing them over the incident?
aizuddin: yeah
aizuddin: would that be bad?
aizuddin: they can do that?
{ a friend }: depends on what your libel law says. that's permitted here.
aizuddin: sheesh
aizuddin: nasty
{ a friend }: you can file a case for injunction to stop them from printing any such article referring to you.
aizuddin: but this letter is not suing them of anything yet, right?
{ a friend }: no, it's a demand letter.
aizuddin: can they print that?
{ a friend }: your demand letter? yes.
aizuddin: sheesh
aizuddin: nasty
aizuddin: got to think about this a few times over
{ a friend }: how well are your libel laws enforced over there?
aizuddin: its pretty tough i hear
{ a friend }: it's a bit different here considering that we have a very liberal free press.
aizuddin: but most high profile cases (involving ministers and stuff) get very publicised
aizuddin: i need to seek some expert legal advice over this, methinks
{ a friend }: libel suits almost never prosper.
{ a friend }: all i'm saying is, the minute you send the demand letter, be prepared.
{ a friend }: you have nothing to be afraid of on your side.
aizuddin: be prepared for?
aizuddin: what's the worse that could happen?
{ a friend }: but be prepared for more unwanted publicity. that's to be expected from a libel suit, or even the possibility of one.
aizuddin: sheesh
{ a friend }: they could run stories on you.
aizuddin: definitely got to think this over
aizuddin: this could end up hurting her more than saving me

At this point, it became obvious that i may need to think of another way to obtain redress. We discussed alternative possibilities:

{ a friend }: hmmm....back here, the only solution to libel outside of legal action is using the press to your advantage.
{ a friend }: was it only one newspaper that ran the story?
aizuddin: that particular story, yes (probably because its a lie and they were only ones with the balls enough to try)
aizuddin: the other major dailies have only mostly printed truths (or half-truths)
{ a friend }: you can go to a reputable paper and tell them that that paper lied.
aizuddin: hhhmmm
aizuddin: that's an option
{ a friend }: and if they don't print a retraction, you'll seek legal action.
aizuddin: so how is that different from sending them this letter straight?
{ a friend }: that paper will give a rival paper bad press. that's something to be afraid of with respect to their readership.
aizuddin: hhhmmm
{ a friend }: but since i don't know how the libel law works in malaysia, i'm not the one to ask. check with robert. or andrew.
aizuddin: no, i promised her i won't speak to any press about us or our history
{ a friend }: well if that's the case, reconsider sending the letter.
aizuddin: i think i better
{ a friend }: if it doesn't die down, then maybe you can pursue legal action.
aizuddin: so you say i should wait a bit?
{ a friend }: perhaps. in deference to her wishes.
aizuddin: yes, maybe that's best
{ a friend }: if you're sending the letter of demand, inform your lawyer.
aizuddin: don't have one yet
aizuddin: maybe i should give a call to robert...

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This page contains a single entry by Aizuddin Danian published on October 4, 2002 6:50 AM.

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