Freedom of expression versus freedom from defamation
Posted: 23 July 2007 07:16 AM   [ Ignore ]
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We have been online for just over a month now and already we faced big issues of controversy and issue of when truth can be posted and what defamation is. Being bogged down with programming side and mostly enjoying the thrill of programming, these issues are almost becoming too much for me! However, in my capacity as senior moderator I must face up to it so here is Daily’s position:

Being an open anonymous forum many readers have posted issues that affect them. Of course such posters are saying that what they have spoken is the truth. Other posters who are defending target of these posts is saying that these are lies and therefore it is defamation. If charge of defamation is true, then it means the Daily should not allow these posts and I think that is quite easy to understand. The difficulty is like one Daily member wrote, is truth that is unpleasant also defamation? I think that is good question. Also, other question is, is it the truth? Only office that can answer that question properly is the court but court is of no help here because we are not in court, so question becomes what to do.

Whole idea of forum is to allow people to express opinion and this is good because I think people have very less places to express opinion. But because it is anonymous forum there is tendency to say many things some untrue and some true. We cannot expect to have court decision on each post before posting because there would be no forum then. So we think best way to handle situation is we will allow posts like before without needing approval. We will allow discussion to take place, allegation, defense etc, and then at some point we will close topic like we have done with two hot topics at this moment. That way we hope things will be under control but we will not loose all freedom. This may be a good solution as one good example is the topic on Bhutanese students studying in Canada. The poster made allegation that parents of all students there used push and pull to go there. I am quite sure all students didn’t go there like that, all though it is possible that some students went there with push and pull. In the discussions on that topic the defenders gave convincing argument that allegation that all students went like that is untrue, and I think this is good example of freedom expression provided by our forum.  I understand that not all issues can be discussed like this but I see that if Bhutan is to have good democratic future we must learn to hear and discuss even unpleasant things, and that is one good thing about Daily forums. That is the present view of “senior moderator” and I hope our members will support me on this issue.

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Posted: 24 July 2007 07:35 AM   [ Ignore ]   [ # 1 ]
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This issue has become big problem for me and I am thinking a lot about the best way to deal with situation. I must inform readers that we have received a letter from BICMA asking us to do moderation on issues that BICMA considers defamation. I must say the letter was polite and commended the Daily about its popularity but emphasised on issue of freedom from defamation.

That is the big problem as I wrote because if someone speaks the truth, can that be considered defamation? Also while BICMA is more concerned about freedom from defamation as news and discussion site we have responsibility to defend freedom of expression. At same time we do not want to be blocked like http://www.bhutantimes.com. So we will try to balance two sides. We request readers making allegations to provide proof that show allegation is true.  This could be additional information that shows this to be the case or best would be to upload clear written documentation of the case. We realize this may be difficult but without it we have no choice but to moderate concerned topic.

This is my idea just now and I request Daily readers to give opinion or other ideas for dealing with this situation. Thank you.

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Posted: 25 July 2007 08:09 AM   [ Ignore ]   [ # 2 ]
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After reading your posts I thought I need to share my views on this topic. Discussion forums like this are for everyone to bring in pertinent issues so that we can discuss and inform the general public what is happening in our country or even outside of our country. Some posts will be true and some maynot be true. It is not our job to find out whether it is truth or not. As some one has pointed out that to do that we have to resort to the court. What is important and matters to this forum is to bring all issues and let everyone read and share their views. Every perosn has capacity to make their own judgement based on the information availble. There shalll be no winners and losers but people form their own views and arrive at conclusions.

However, if organization like BICMA that has drafted and brought out Media Act which does allow freedom of expression and dissemination of information is stopping such discussion it is not right. Surely, they are pressurized by people in powerful positions. When such actions take place, it actually backfires. People then think what has been posted must be true. Bhutantimes.com has been removed and many think PDP and targeted individuals must have done that and what were posted must have been mostly true. For instance, if this forum is stopped now, many will think it must be the work of RCSE secretary, Health Secretary and others targeted and draw conclusion that they had something to hide. Do you?? If you don’t let it be. Instead give your own views and substantiate with facts and evidences and turn around the arguement in your favour. Stopping this site will bring in probably two more sites. At his age and time one cannot supress information. Learn to live with it!

My two cents!

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Posted: 25 July 2007 11:06 AM   [ Ignore ]   [ # 3 ]
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TO MODERATOR WANGDI (moved topic here by moderator)

i think that it should not be taken out or stopped. i can suggest that sometomes the moderator should come in between arguments and provide the good points that will show that some sides are angry and writing anything or writing intelligent thins. also you are mdoerator, you created site and your must take time to check some facts and inform readers. otherwise dont start websoite. you act very sad but youre not youre lazy. keep the wbesite but give good argument to bicma

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Posted: 25 July 2007 11:15 AM   [ Ignore ]   [ # 4 ]
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you are crazy to simply listen to bicma. will you listen is trade says close your shop because it is untidy or close your house because city corporation say it is dirty or pay fine because you drive slow said police? why you listen so easyly when it is bicma? you are nonsense and you are keeping your site open for whom? for bicma or for readers. we enjoy tis site now unless you allow we will quit. bicma, who is bicma, who is head of bicma is it the king? no. if it is king we listen adn keep quiet for we love him but we dont listen to idoits in bicma. if we cannot say something bad then why to have politics

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Posted: 25 July 2007 04:56 PM   [ Ignore ]   [ # 5 ]
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Dear Wangdi,
I don’t believe that you are crazy for listening to BICMA.  But falling to the feets of BICMA would definitely make people think that you are crazy.As a moderator you have every right to moderate the views expressed in this forum and I feel you should be very careful. You know very well the difference between the freedom of expression and freedom of defamation. Freedom of expression doesn’t mean that people go on expressing every shit that strikes their thought. I read it in one of the forum calling Lyonpo JYT as a coward for changing his census to Pemagatsel. What does it matter to the poster?  All we want of him is to stand for the election and compete for the post of PM.  I feel calling someone coward is as same as causing defamation to that person.  You need not fear anyone as long as you do your job well. We will always be with you.

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Posted: 26 July 2007 04:03 AM   [ Ignore ]   [ # 6 ]
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what nonsense you say. bicma has to clrify why it is defamation. did they investigate or are they just calling defamation everything that someone compains to them? if bicma say rcsc post is defamation did they tell moderator in writing that they checked with relevant authority and found him alright? that these people were not given scholarship or something? lynpo jyt coward post is in bhutantimes.com not here and that is not defamation please, it is just a opinion of that person. defamation is if someone write that you have taken 1 cr and you have not taken but he makes it sound like you have.
what has moderator done that is good that he should continue?

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Posted: 26 July 2007 05:23 AM   [ Ignore ]   [ # 7 ]
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Thanks to everyone for giving frank views on this subject. I have been called crazy and lazy about my views on subject and I have been thinking about it a lot.  First lazy: maybe that is not true for I have worked quite hard to set up site as hobby and have many works to do to keeping it running well and improve also. Maybe laloo means lazy because he is saying I should do more research on hot topic and give verdict saying it is true or false, and then keep or delete topic. In this case I think it is impossible for me to do it when even high court is having tough time deciding cases. Also if Daily moderators go around asking for details of case in govt offices or people who know about case, then I am sure we will get caught and that will really be crazy. So no, I do not think it is possible for Daily to give verdict and decide if or not case is defamation or true.

About listening to BICMA I say that whole idea of having independent forum is to provide alternative to both official and business media in Bhutan. Even the private media in Bhutan is more concerned about making money than having open forum because most business is with govt and maybe they are right to follow that line. That is one reason I have started Bhutan Daily and no way I am going to listen to Bicma every time they make complaints. That is reason I have only closed topic and not deleted it. At same time we know Bicma has blocked other sites and I want to find a way to avoid that because I have really worked hard on site and don’t want to loose readers in Bhutan. I may be crazy to let that happen after all this work. So this is still the big problem as we have to find way to balance freedom of expression from risk of getting blocked.

For the time being I think 1) closing offensive topics after some discussion may be fine. 2) Daily readers can make my job easier by providing good proof that shows allegation is true.

I am looking forward to more frank views from Daily members.

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Posted: 26 July 2007 05:56 AM   [ Ignore ]   [ # 8 ]
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dear senior moderator, as your envoy and errand boy i have to support you. laloo, how do you propose to send me on fact finding mission. best provider of facts should be the person writing the post. moderator is lazy but i will have to accept his explanation and say he is not. moderator is crazy and that i think even he cannot dispute. because of moderator, all chilips here think bhutan is some crazy place of eccentric people below 5 ft 3 inches! senior mdoerator gave me job of coming in between the many posts and providing some insights and calming down people or reminding them of facts but as i am not paid for this job, i did not do it properly. now i think is hould get to the job. so keep topics coming and we will give you a better browsing and learning experience.
3 cheers to freedom of speech.

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Posted: 26 July 2007 04:53 PM   [ Ignore ]   [ # 9 ]
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Looks like I have to watch for Apwangdrugay also. Junior moderator is now showing no respect for senior moderator by supporting laloo. But it is true I am little short even of 5 feet 3 inches but at least my tummy is in, not like Apwangdrugay! I don’t know about chilips thinking I am crazy though I admit I speak whats on my mind. Yes, Apwangdrugay, please make interventions where necessary while I work on longterm strategy to make sure this forum can be useful for Bhutanese.

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Posted: 26 July 2007 07:35 PM   [ Ignore ]   [ # 10 ]
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BICMA is one department that is doing a great disservice to the country, after all, what faith can one have in an organisation that bans “Ten Sports” for broadcasting “WWE” and then allows Star Sports to telecast “TNA”, both wrestling programs. They then go on to ban “Bhutantimes.com”, apparently because they received some complaints about certain posts which they construed as hitting below the belt, blissfully unaware that the constitution grants us the freedom to information and expression.

So Sr Moderator, if you plan on listening to what BICMA says, you may as well close shop and ship out or to put it another way, if you listen to BICMA, then that will surely be “bhutandailys” funeral.

The choice is yours!

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Posted: 27 July 2007 05:33 AM   [ Ignore ]   [ # 11 ]
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Silkroad, thank you for comments on this issue. From your comments it looks like there is only choice for a funeral. If we listen to Bicma, then it’s a funeral from readers side. If we don’t listen to Bicma, it is blockade of site and that is another name for funeral! So looks like no win situation for Daily.

But actually it is not like that. We do not plan to listen to everything Bicma says. If they complain about a post, we will look to see if complaint is good one. At same time we allow readers to provide proof.  This way we will try to balance two sides, which will be difficult but we will do our best. We think that this way Bicma cannot justify any blockage of the Daily and if they do, they will only be dragging down good name of Bhutan in international news which I think they are already doing with recent blockades.

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Posted: 27 July 2007 09:49 AM   [ Ignore ]   [ # 12 ]
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as junior moderator who is in charge of the conducting of discussions on the forums i will end this topic please.

Bhutandaily will continue daily
even with bicma whining regularly
news, fun and gossip will keep coming
this is for the people who we are serving

while we views and opinions appreciate
lies and slander we do hate
for truth and good ideas raised openly
our complete support and integrity

thank you readers for visiting this stupid site of the sr moderator. one day i will start my onwn, please join me there

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Posted: 27 July 2007 05:05 PM   [ Ignore ]   [ # 13 ]
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Jr. Moderator is a BIG rap fan and he likes to rhyme. Every thing is there as we discussed so everyone please note that this will be policy of the Daily.

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