Friday, September 21, 2012

MINISTER OF JUSTICE-TEMUUJIN


I have just come from the office of the Minister of Justice for Mongolia where we discussed reform concerning the country's defamation laws.  He is pretty liberal I am told and our talk confirmed this point of view.  He said that he intends to stronly limit its criminal defamation law to just those incidents involving the accusation of a crime that is found to be false.  I explained that Under western thought amd case law that would only be permissible if the prosecutor was also required to prove that the reporter acted with actual malice.  See Garrison v. Louisiana U.S. S. Ct 1964.  I explained that in almost all cases a civil suit would adequately remedy this situation and that in America it is almost never that a criminal case os brought.as most states have eliminated this crime as unnecessary and too difficult to prove.  I believe that if reform goes as he intends and we can remove the present strict liability aspect of criminal defamation and go to a requirement of actual malice this problem will basically be corrected. 

Now I need to get ready for the awards dinner for the Mongolian film festival sponsored by G.I. in downtown UB.  I will take pics so you can see the evening's fun.  And so it goes...

No comments:

Post a Comment

I read all comments and appreciate your feedback.