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मानहानीको मुद्धा लगाउने चेतावनी सहितको चरीकी प्रेमिकाको पत्र (पत्र सहित)
२७ कात्तिक, काठमाडौं ।
प्रहरीसँगको मुठभेडमा मारिएका धादिङे डन चरीकी प्रेमिका खुश्बु ओलीले आफ्नो विषयमा नकारात्मक समाचार लेखेको भन्दै पत्रकारहरुलाई कारवाही गर्ने चेतावनी दिएकी छिन् ।
हाल बेलायतमा रहेको भनिएकी खुश्बुले फेसबुकमार्फत नेपाली अनलाइन मिडियालाई खुला पत्र लेखेर यस्तो चेतावनी दिएकी हुन् ।
बुधबार नेपालका केही सञ्चार माध्यममा ‘भिसा नथपिएपछि नेपाल फर्किन खुश्बु’ शीर्षकको समाचार प्रकाशित भएका थिए । उक्त समाचारले आफ्नो बदनाम गर्न खोजेको र आफू बेलायतमै रहेको दावी गर्दै खुश्बुले यस्तो चेतावनीयुक्त खुला पत्र लेखेकी हुन् ।
उनले फेसबुकमा लेखेकी छन्, बेलायती कानुनविपरित समाचार लेख्ने पत्रकारलाई कानुनी कठघरामा उभ्याउने छु।'
आफ्नो विरुद्धको समाचार लेख्नेहरुलाई मानहानीको मुद्धा लगाउने चेतावनी सहित उनले यस्तो पत्र लेखेकी छिन् । चरी मारिएपछि नेपाली मिडियामा उनको निक्कै चर्चा भएको थियो ।
खुश्बुले आफू जे छु ठिक छु भन्दै आफ्नो ब्यक्तित्वमा गर्व महसुस गर्ने समेत लेखेकी छिन् ।
उनको पत्र यस्तो छः
Open Letter to the publishers of few Nepali online websites registered and operating from UK.... I made this letter open because the people who gave this infomation are on my facebook too and I have sent this letter to the publishers too.
I am writing in concern to the news published in few online publication dated November 11
As this news was centred on personal information over me and I feel defamed by the content of the article "भिसा नथपिएपछि नेपाल फर्किन् खुश्बु".As I myself studied law in UK , I am writing in order to highlight some issues that concerns my attention as per whatever I have learnt I am writing in order to clarify on defamation laws in UK.
As you must be aware that the parliament has passed Defamation Act of 2013 and is under practice since 01/01/2014 I would like to draw your attention to the following :
I take the article to be defamatory because of the following reasons:
*the statement refers directly to me
* the statement is published without properly being resourced and has false informations
* the article is published in an online portal which makes it a permanent resource
Amongst the two forms of defamation I believe I can consider this as libel as it is in written form.Defamation in UK is not just over how much effect it has over the person being defamed but hugely on the impression it has made to the people reading it. As far as the comments and the number of shares on this article we can see to a large extent defamation is justified.
Further more according to the courts jurisdiction if the number of reader is high ,I believe it can supplement the defamed to be liable for the damage made.
If you believe this was not defamation as the publisher or the editor, I could even relate it to malicious falsehood which is also an offence.According to the act of law , Malicious falsehood is considered if the statement published about an individual is not true and based on assumption by the journalist or the publisher.
I want to here stress on the article being defamatory because the content that you put in is false and can leave or has left a massive impact on my personal and professional life. The problem here gets exacerbated due to the fact that content published on websites can main on the internet in various search engines for years to come even if removed from the main portal.
The article published mentioned the following information and will even clarify why its false:
* The article stated that I had to return to Nepal as my visa was not extended in Uk- It is not possible for any Nepalese general visitor to extend their visa in UK,and neither I had an intention of extending my visa at all.
* It is false that my visa was expiring on November 6 2014.
*I never tried to convert my visitor visa to the student visa because the law does not permit it and I am well aware of it
*I never came back to Nepal on November4
*I never lived in Kemsing road in Greenwich nor have any relatives.
*I never had a lover as mentioned in your article in UK , and misuse of someone's identity and character is condemnable. I have hundreds of friends there so it is unwise to defame every individual.
*I have never gave a false identity to any person in Uk because I am proud to be the individual I am.
*There has been no investigations made over me in Nepal and as I have always been open to any investigations I do not need to escape it.
*There has been no inquiries made over me in any cases till date.
Lastly I visited UK for some individual time and some official works. I am indeed planning my PHD in United Kingdom and I know the rules and laws well of to pursuit it.I am not a person who runs away from a situation but rather faces it and moves further. I have two degrees and years of experiences and have a good career in hand so I do not need to worry with petty issues of my life.
UK is a country where even Libel Tourism is practiced. It is a facility for non-UK citizens which can use the British Court for defamation cases. I adore the fact that Nepalese people have been doing so well in different fields in foreign lands but it disappoints many of us where high negligence is practiced on the code and conduct of the work or business there are doing.
This is not a legal notice or a legal letter , it is a letter from a individual who understands and accepts media freedoms but appreciates it with limitations. I wish you all luck and request you to consider proper researches before publishing any article. I can well move on neglecting the article but not every individual can, it could leave adverse effects on some people.
Let us all promote healthy journalism and respect the law and order of the country we live in.
Thank You
http://nepaliheadlines.com/2014-11-13-13-19-16.html#sthash.3VS6Uouf.dpuf
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