Worth a read in a parallel vein. *(selectively excerpted)* *"Punitive history* But there is a long list of incidents where courts have cracked down harshly on the media and journalists whenever they have smelled a whiff of criticism." http://scroll.in/article/671949/The-Supreme-Court's-ruling-on-contempt-is-boost-for-the-press,-but-also-rule-of-law
On Tue, Jul 29, 2014 at 7:17 AM, J. Colaco < jc> <cola...@gmail.com> wrote: > On 27 July 2014 22:10, Dr. Ferdinando dos Reis Falcão < > drferdina...@hotmail.com> wrote > > Thank you Aires for your piece of advice and sharing some relevant legal > interpretation. We have plenty of Goans including some politicians who fly > off the handle to threaten others with libel; > > COMMENT: > > I agree with Dr. Falcão's appreciation of Aires' legal commentary on > 'Libel' law suits. The 'law relating to libel' was meant to protect > innocent individuals from defamation. In a number of cases, it has turned > out to be a tool (used by those who can afford lawyers) to silence > reasonable free speech and ostensibly genuine criticism. > > In India, there is an additional threat with the instrument known as > 'criminal libel'. Mercifully, the standard of proof is set at a higher > level ie Beyond a Reasonable Doubt, unlike the lower (civil) standard of > 'On the preponderance of evidence'. > > Whatever the case may be, such cases often turn out to be windfalls for > lawyers and stressful and fund-depleting exercises for everybody else. > > In that regard, Aires is on the button with his Caveat Emptor admonition. > > wrt the Ferdino Rebello v Outlook case, while I do not know the sections of > Portuguese Law (still prevalent in Goa) upon which the case is reportedly > going to be argued, I have the following comments: > > a: I found the Outlook article - as written - quite 'off the top' as far as > Justice (ret) Ferdino Rebello is concerned. Where is the Quid pro Quo > needed to call someone corrupt? > > b: Justice Rebello's lawyer (Mario Pinto Almeida) is a smart and learned > advocate. If any lawyer has the ability to argue this case successfully, > I'd say that Adv Pinto Almeida would be the one. I wish him and Justice > Rebello well. > > c: Do not know about the 75 crores damages sought by Justice Rebello, but > if Outlook is smart, it will either provide verifiable Proof of Corruption > or Apologize and Withdraw the allegation of Corruption against the Justice. > > just my unlearned view from afar > > jc > -- +++++++++++++ Venantius J Pinto