Tuesday


Challenges and threats to sue for defamation flying freely in cyberspace may underscore an area of Defamation Law least understood.

Loosely defined Defamation is statement which “injures the reputation of another by exposing him to hatred, contempt, or ridicule, or which tends to lower him in the esteem of right-thinking members of society”.1*

Any lawyer will know that defamation consist of libel, where the defamatory statement is in written form and slander, where it is in spoken form.

Libel is both a tort (civil wrong) and crime 2* and actionable per se, which means that there is no need to prove special damages such as financial loss, “loss of marriage prospect”3* and “of consortium”4*.

Slander, on the other hand, is only tort (civil wrong) and requires proof of special damages. The exceptions, among others, are:

Imputation of a criminal offence punishable with imprisonment;5*
(eg “monsterball” calling simonscwee a pimp)

Imputation of unchastity or adultery to a woman or girl; 6*
(eg. “monsterball” calling Lucy Lee a prostitute)

--Imputation of certain diseases.

Now lets get back to the matter on hand.

For a cause of action to be sustainable, there must be an identifiable plaintiff and identifiable defendant. The 3rd party must be “right-thinking members of society.”

In the case of cyberspace personalities and bloggers, most of them maintain nicknames and pseudonyms cloaking their real identifies, thus making the cause of action difficult to establish.

In cases where a potential defendant such as “monsterball” is identified by face or even name, there is the possibility that “monsterball” who has been infamous for maligning a hosts of other bloggers may turn around and say so and so is not “monsterball”.

To link “monsterball” to his IC name, IC number and address is not difficult given his propensity to divulge personal information in hiss poison-spewed blogs. If he admits to his identity, well and good. Otherwise evidence from other bloggers who know him would also help provided they would testify.

Then there is the issue of potential Plaintiff bringing the action. Unless the potential Paintiff’s real identity is known to the potential Defendant and also the “right-thinking members of society” (in this case fellow bloggers and blog readers), he cannot be said to have been exposed to “hatred, contempt or ridicule…” The way out is for the potential Plaintiff to meet up with the potential Defendant “face to face” and let known his real identity and background to him, other bloggers and blog readers. Then again the lawyer for the potential Defendant, could easily put up a successful defence that when the defamation was made, the potential Plaintiff was an unknown in cyberspace. Naturally the potential Defendant can repeat the defamatory statement after the potential Plaintiff’s real identify is known to all and sundry, just like the phrase “repeat it outside Parliament”.

The above need to be sorted out, established and agreed upon before a case of this nature can proceed.

As such let’s begin the process of identification by comparing “monsterball” and a man by the name of Goh Swee Soon. 7*

“monsterball”

+ a blogger infamous for maligning other bloggers;
+ got the name of “monsterball” from a movie by the same name because he is a movie buff;
+ suspected of suffering from symptoms of “Hai Lam Tin” (Hospital Bahagia);
+ first to dive in whenever Susan or Elizabeth opens a post and last to get out;
+ age same as Pak Lah;
+ three ex-wives;

Goh Swee Soon @ SS Goh

++ I/C No: 390712-05-5138 (using IC of a female);
++ Address: akan datang.
(An Indonesian woman in her 30s was seen in the house);
++ runs a company selling non-commercial coffee dispensers;
++ selling dispenser at RM4,846 and a annual maintenance fee of RM550;
(whereas Nescafe’s machine is free or subsidized as long as using Nestle beverages)
++ Clients mostly banks such as CIMB, Maybank, etc where contracts suspected to be Ali Baba type;
++ Company suffering losses of more than RM700,000 up to 4 years ago;
++ Company has not filed in annual returns to Suruhanjaya Syarikat Malaysia (ROC) for the last 3 years, an offence under Company Act 1965 Section 165;
++ Company still owing bank over a mortgage after more than 25 years;

Now lets assume there is a cause of action after all the above issues are sorted out. Next will come the issue of “legal capacity” on the part of the potential Defendant. The prognosis, as mentioned in my earlier blog, is that “monsterball” is suspected of suffering from symptoms of “Hai Lam Tin”, akin to “Hospital Bahagia” syndrome. If that is the case, the court effort could be frustrated and come to naught. Anyone with such symptom could also get away with murder.

Even if the legal capacity is established, the court decision could well be just a paper judgment given the company’s floundering financial positions. On top of that “monsterball” has to pay alimonies to not just one but three ex-wives!

As it has been said there are easier ways and Right Appraoch to deal with person afflicted by “Hai Lam Tin”. Maybe SSM and Jakin could chip in.

Akan Datang
=Interview with Director of SSM (ROC) on why no action taken on company not filing annual returns for last 3 years;
=Interview with Indonesian woman for possible Khalwat offence;
=Interview with ex-wives for possible offences under Family Law;
=Interview with creditors for possible Bankruptcy Notice;

Footnotes:
*1 Parmiter v Coupland & Anor (1840)
*2 R v Wicks (1936) & Goldsmith v Pressdram Ltd (1977)
*3 Speight v Gosmay (1891)
*4 Lynch v Knight (1861)
*5 Gray v Jones (1939)
*6 Kerr v Kennedy (1942)
*7 Disclaimer: At no time it is to be assumed the two is the same person

29 comments:

Anonymous said...

Not a monsterball fan but...
Ah, so this is what's known as voice of moderation?
Duh!

BigDogDotCom said...

Great work!

This is REALLY interesting!

Simon Wee said...

Anon of 1:12,

If there is no moderation, then there will be more such as his company's name, the machine's name, his education and cert, the Indonesian's photo and background, his wives photos and background etc. Pls listen to what others have to say before you judge me.

Freethinker said...

nice stuff

Anonymous said...

dunno the history between you two and I am sure you have your rights.

Love the effort though but I think you crossed the line with his address.

2cents.

Anonymous said...

Good on you...don't need old farts like this!

Anonymous said...

Why drag his family through this muck? Even if you feel justified, there are still boundaries of decency, that differentiates the angel and the monster.
Haih... I suggest, if you must pursue and persist, at least get some instruction ... who better than 5 X MOM. Lilian Chan! She at least knows boundaries.

www.chanlilian.net.

IndontunderstandMalay said...

By doing this 'dis-service' to Monsterball, you are actually doing a lot of 'service' to others who finds him unbearably repulsive!

Kudos!

Now, with Shar101's, whenever people come across Monsterball's name in the blogs, they can easily paint a picture who is this repulsive ultra annoying monsterous character!

Simon Wee said...

Anon of 10:18,
Noted.

Anonymous said...

Dear Friends

I think he's just a lonely old man , but I guess he has crosses that boundary and you have to do what need to be done

Sagaladoola said...

Wow... Simon .. how did you get all that..

Incredible !

Regards,
http://sagaladoola.blogspot.com

Anonymous said...

Lonely or not, it not justified for him to run other people down just because he don't agree with them. There are principles of Freedom of Expression and Monsterball crossed that line, FIRST.

So why should anyone else should observe these principles when its about Monsterball????

Simon showed why he is like that. 3 times failed marriages, now a social deviant living-in-sin with a concubine, become company director but cannot filed annual returns (as per require by law) etc. Yes, we are defining our moral values on a 60 + man who shown us on the net his moral standing is low!

He is a non conformist. Not even communications social net-etiquettes.

BigDogDotCom said...

Well, he did challenge so many people to reveal ALL they can about him! He also did challende Simon to sue him and I to get him arrested! (If he had to go thru both, there will be public info about him which could be obtained!)

So what's the problem now?

I think Simon Wee is doing exactly what Monsterball want it to be done, run him down so hard and so that he can seek refuge with Sheih and Susan, permanently!

Hahahhahahahahahahahahahahahhahaha

anduka said...

Hi Simon and all reading,

Part of me cannot agree with Simon's exposing all the details. But i've been following monsterball's comments in many blogs. For an old man at his age, he could have:
1) more manners
2) less blunt in his saying
3) don't call people pimp, bastard, whore etc
4) don't label a particular race
5) dont try to teach people about their religion as if he knows better
6) dont single out a religion teaching as better than others
there's more but my point is as an old experienced person can should or must be better. To me he is asking to be treated in this manner.

Those who dont believe me, go see his comments at susan loone, elizabeth wong, black in korea, kickdefella and his cursing to blog owners at bigdog, obe and a voice.

Sorry for the long comments just cannot tahan people still have reason to defend him.

Simon Wee said...

Dear Anon-anon,
Tks for info, advice and feedback. for those who don't see their posts this is because I have kept them away for future use as you can see a floodgate has been open.for those who dount my intention, th post to show why I have not taken up his challenge, as some of you have pointed out, and not as an expose'.
there won't be any more from me on him unless...

For those who want to dirty up the blogs like him, please note that I am around and kicking.
rgds

Simon Wee

Anonymous said...

Please refer to any bloggers but definitely not Lilian Chan. I disagree that she can give you any instruction on boundaries of decency. Heck, I doubt she is even a good parent!.

tokasid said...

Dear Simon:

Monsterball with his monsterballitis antics had driven away manyfrom popular blogs such as kickdafella and irritates visitors of A voice and BigDog.

Yes Mr GOH can be nasty but he expects others to respect him. And yes he had no qualms about calling ppl with all sort of names.

I think you exposure of him is a bit too much but so someone who did like what he did..maybe I can accept it .

Anonymous said...

Simon,
I, for one, do find Monsterball and his rantings irritating but I am sadden that you guys stoop this low. I am not defending him but rather asking that the blogosphere maintains its dignity.
The thing is, whatever it is, he already an old man, probably another few more years on this earth. Why can't we just ignore him as we do when old people start talking non stop about everything under the sun? That's what our Asian culture has thought us, isn't it? "One ear in, One ear out". Besides, we have the freedom to skip whatever rantings he made right?
Anyway, I would have expected more tack and grace from you and the others who chose this way to get back at an old man.

Anonymous said...

I give my respect to any senior citizen but to this old fart, I have the most disrespect for him.
Some are supporting his actions coaxing him on. Like Anonymous above.

It is not his birthright to run people down. He's still enjoying (or pretending)himself.

How come at the same age as the PM (and being such a capable boss of JAYCEES before)he is still not the PM. Something must be wrong with him. (He was referring to Rocky being not the top man in NST/ST despite working there for some years) Chlidish fool!

Anonymous said...

When Rocky (at his own blog) gracefully introduces him he announced that no one wants to do the dirty job and he took it to do it himself.

Dirty old man doing "dirty job" for himself. BLOODY HYPOCRITE!!

Anonymous said...

nice... simon i did follow the few moments u had with him. and true.. he did challenged and yelled at you.

u did just what he ask for. he wants it and so here it is.

being old as some say is certainly no excuse at all. i certainly ustd how u feel abt tis guy.its very clear that many others are sicken by him. if true he didnt file with the ROC and not servicing loans with the banks...then YUP its time to take action. and if u initiate it simon..i do respect you. i like to get to meet you.

Anonymous said...

simon & Shar 101,
Both are brilliant!. I do notice that
stupid old man suddenly realised that he is no longer the mighty ferocious beast that he once was instead his posts elsewhere are very mild and meek. Go check up what he writes lately

He claimed that he has met all his 'enemies' except Simon. I wonder if he had mauled all he met.This is the only nastiness in his current post.

Anonymous said...

AGREED WITH ANONYMOUS Thursday, June 14, 2007 1:14:00 PM MYT
AND ANONYMOUS Wednesday, June 13, 2007 10:18:00 AM MYT WHO SUGGESTED IT- TERBALIK PULAK APA U CAKAP TU!!

DevilsMark said...

"If there is no moderation, then there will be more such as his company's name, the machine's name, his education and cert, the Indonesian's photo and background, his wives photos and background etc. Pls listen to what others have to say before you judge me."


I've seen enough.

You're either:

a) An idiot.

b) A 5 year old with access to dad's computer.

This is the stupidest thing I've seen. The old guy may have been an irritant..but you're a frikkin' psycho-stalker.

Are you frikkin' nuts?

If you can't deal with other kids (in this case a rather old one) kicking sand in your face, then stay out of the sand box.

Whatever happened to ignoring a troll?

This is just like what the idiots wanted to do when MENJ went all "I'm gonna jihad apostate ass".

Get a life. Go jogging, play PSP, find a 3 dimensional partner to have sex with.

Anonymous said...

DevilsMark said...

"If there is no moderation, then there will be more such as his company's name, the machine's name, his education and cert, the Indonesian's photo and background, his wives photos and background etc. Pls listen to what others have to say before you judge me."


I've seen enough.

You're either:

a) An idiot.

b) A 5 year old with access to dad's computer.,


Luckily the photo is provided, this old fart can be menacing at the blogs and if you happen to be his 'victim' and you don't use a pseudonym instead uses all true details of yourself, you can never know if this monster may run amok and attack you

My advise is that anyone (who has true details of themselve when blogging) been picked on by him as his 'victim'in blogs should know how to react when he suddenly appears in sight. Go for him first. He has no other reason to 'stalk' you.

So DevilsMark you were describing yourself. F..ks sake recognise a wrong (which is dangerous considering this old fart can run amok)and tell your old pal to stop this.

Thanks Shar and Simon

Anonymous said...

In cases where a potential defendant such as “monsterball” is identified by face or even name, there is the possibility that “monsterball” who has been infamous for maligning a hosts of other bloggers may turn around and say so and so is not “monsterball”.

He was treating everyone like kids (blogger host included) by saying in cap locks "EVERYONE IN USJ 6 KNOWS WHO MONSTERBALL IS, I AM S.S.GOH. COME MEET ME IF YOU HAVE THE GUTS.."

A BLOODY COWARD (TILL NOW)!

goldenhub said...

I don't know who this monsterball is nor did i cared to read his comments...but don't you think you have crossed the line? If you want to attack the messenger attack his message not his personal life which is none of your bloody business in the first place.

Since you are such a brave and outstanding citizen of the blogosphere would you have the honor to also post your own name, address and IC and whatever part of your personal life here? Resorting to such dirty and disgusting tactics shows that nothing separates you from a fascist.

In fact I would call your behaviour downright threatening and gangsterish. If he annoys you so much then just don't pay attention to him, jesus it's that simple. Whatever, continue your work troll.

Anonymous said...

I don't know who this monsterball is nor did i cared to read his comments.
He's a father figure to some maybe if you read about him you may be very attached to him.

Since you are such a brave and outstanding citizen of the blogosphere would you have the honor to also post your own name, address and IC and whatever part of your personal life here?

Just poor victims of his trying to educate him his actions is wrong. I think you are the bravest and most outstanding citizen in blogosphere.
Not forgetting, have you check if he has all these names, addresses and other details of his victims. You couldn't have.

In fact I would call your behaviour downright threatening and gangsterish.

We are the victims and he does this to us, slid your hands into your pants and see if your head is alright.

Anonymous said...

On susan`s blog a notoriously obnoxious character is shat on:

tembolok:
February 9, 2010 at 6:30 pm | #1099


“I am going on a long vacation.”

OI!!!!! IDIOT DON`T TRY TO TAKE THE CREDIT
I TOLD YOU THAT FIRST, FISHFOOD
NOW YOU KNOW YOU ARE

The UN had an agricultural experiment programme (in Thailand) where the chicken farms were directly above the peeg farms which were directly above the fishfarms…so the peegs ate the chicken shit and the fish ate the peeg shit a lot of it resulting from chicken shit.
MONSTERBALL IS FISHFOOD.

http://sloone.wordpress.com/2010/01/13/mystery-of-the-40000-missing-indians/#comments
February 10, 2010 7:33 PM