burden of proof


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Posted by Freogirl on Saturday, 6. March 2010 at 20:10 Bali Time:

In Reply to: Truth posted by Celuk Girl on Friday, 5. March 2010 at 15:07 Bali Time:

the suggestion was that the hotel manager would sue for defamation. The poster reported the manager's actions (or inactions) and let people draw their own conclusions. There has been no suggestion that the manager was involved in the theft.

My point was that there was no defamation in the statements made by the poster.

In Indonesia, if you are sued for defamation, if you can show what you said is true, there is no defamation. Whether or not the hotel was responsible for the theft is immaterial as no-one has suggested it is.

Proving that something is true in a defamation case is no different in Indonesia as anywhere else. What differs in Indonesia is criminal law where they follow the European system of proof of innocence (as opposed to proof of guilt that is followed in British and US law).




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