状告媒体所谓诽谤诉讼案加拿大败诉

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鲁索法官在判决书中指出,“李洪志将科学当作是危险和误导而加以排斥”,“‘’是一个有争论的运动。这种运动不接受批评言论。”
Link: http://www.sina.com.cn 2006年03月21日14:56
 
《华侨时报》与“功”官司始末

  2001年11月3日,《华侨时报》在“广告信息”版面刊出了前“功”女学员何兵的一篇告白,以个人亲身经历揭露了“功”一些不为外人知的内部情况。

  次日晨,“功”学员分头到蒙特利尔各代售处把该期《华侨时报》全部“购清,同时电话要求报社立即把已经或正在批发的报纸全部收回,并警告今后不准再刊登有关批评“功”的告白。

  11月5日上午,“功”杨姓和寿姓两名学员前往报社,要求交出刊登该份广告的客户姓名和资料以及承印该报的印务公司店名、地址和相关数据。《华侨时报》当值人员以此乃报社商业秘密为理由拒绝了要求。

  杨姓学员随即以严厉语气说,他们已报警并请律师处理此事,“你要记住你说过的话,会有法律责任!”

  当天下午1时30分,又有两名自称“功”孙姓和李姓女学员前往报社,要求刊登“更正”,再次遭到报社拒绝。一个多小时后,《华侨时报》接到“功”律师的信件,要求报社道歉、更正,报社随即将此信交由该报律师处理。

  事件发生后,蒙特利尔有不少“功”学员家属致电《华侨时报》,说他们的家人因修炼“功”引致家庭破裂,《华侨时报》社社长周锦兴约定,与他们12月1日在报社举行座谈会。不想,座谈会当日,“功”派遣十多名男女学员聚集在《华侨时报》门前,力图阻止受害者进入报社办公室,甚至作近距离拍摄,以资恐吓,还有人出手打人。

  随后,“功”学员共232名联名状告到魁北克省高等法院,指控《华侨时报》“诽谤”,要求每人赔偿10万加元,共2320万加元。12月10日开庭时,法庭应“功”要求颁发“临时保护令”到下次开庭。2002年2月,《华侨时报》出版了发表“功”受害者文章专刊。“功”又加控《华侨时报》“藐视法庭”,指报社“违背保护令”。

  2002年4月26日,法官皮埃尔・维奥裁定,鉴于保护令没有列明《华侨时报》不能刊登任何有关“功”的文章,《华侨时报》可以刊登加拿大法律许可下的任何文章,并正式驳回“功”控该报“藐视法庭案”。

  5月9日第四次开庭时,“功”代表律师提出,要求继续延长对“功”的保护令,并要求法庭颁发新命令限令《华侨时报》若刊登任何有关“功”的文章,发表前必须交给“功”以文章副本、“功”有权反驳,《华侨时报》并须同时发表双方文章。但此两项要求均遭法官拒绝,理由是“报纸有发表任何文章的自由,不能干扰言论自由”。

  2003年11月10日终审开庭,双方律师询问证人。“功”232名原告中,只有12人出庭作证。经过前后11次开庭聆讯,审理至11月27日。2004年2月23日至26日,双方律师辩论和陈词,终审完毕,听候结果。

  2005年12月7日,魁北克最高法院主审这一案件的女法官让尼娜・M・鲁索作出裁决:“原告的证据不足以让法庭得出结论,即那些由原告自己摘录的抨击性文章内容错误和极不准确,是为了在加拿大引起公众仇恨和嘲笑或在中华人民共和国对 ‘功’练习者施以迫害而发表。该项动议败诉。”

  鲁索法官在判决书中指出,“李洪志将科学当作是危险和误导而加以排斥”,“‘功’是一个有争论的运动。这种运动不接受批评言论。”

  社长披露内情

  “功”诉加拿大蒙特利尔《华侨时报》所谓“诽谤案”,历经4年多马拉松式诉讼后,已于2005年12月7日审结,魁北克高等法院女法官让尼娜・M・鲁索作出终审裁决:原告“功”败诉,《华侨时报》胜诉,败诉一方须交律师费和法庭费用等10万加元,另赔偿胜方损失。

  《华侨时报》社社长周锦兴日前首次向媒体公布了这起备受海外华侨华人关注的案件内情。

  与“功”打了4年多官司后,早年从香港移民加拿大的周锦兴直言,他身心俱疲。但他说,思考最多的,还是如何向人们揭示“功”真面,因为他这起官司本身就是一份很好的“教材”,有必要让更多的人知道。

  “这场官司诉讼历时4年,这份判决等候了1年零9个月之久,法官必定仔细阅读过了双方提交的资料,才做出这份判决。”

  周锦兴说,他最感到欣慰的是,法官判决在“‘功’的证据分析”部分明确指出了两点:一、李洪志将科学当作是危险和误导而加以排斥;二、“功”是一个有争论的运动。这种运动不接受批评言论。

  “此言可谓一针见血。”周锦兴说,“从1999年被中国政府作为邪教组织而予以取缔后,‘功’发起了一批又一批示威抗议,到处发传单,大量发动宣传攻击,任何对‘功’负面的报导都被‘功’阻挠,继而进行滋扰,最终告诸法庭,企图杜绝批评‘功’的声音。本报就是其中一实例。”

  这起诉讼案中,“功”的目的十分狠毒。“法律界人士认为: (此案)赔偿要求完全不合情理,很容易给人联想是要置被告于绝路,不排除其目的是要杜绝所有反对声音,”周锦兴说。案件审理过程中,前后有200多名“功”学员参与诉讼,要求赔偿每人10万加元,总额高达2000多万加元。
  周锦兴透露,诉讼期间,“功”还要求法庭颁发禁止令,禁止登有关“功”的文章。但是,“功”宣传工具和相关媒体如时报、新唐人电视台、明慧网多个网站等,却不断刊登数以百计对他本人诽谤的攻击性文章。“我面对的是‘文革’式的抹黑,这种事情,在民主国家如加拿大,实属罕见。”

  “对与错、正与邪,应由公众去评论,判断,言论自由不容扼杀。李洪志自称有能力推迟‘宇宙爆炸时间’、‘开天眼’、‘能飞天’、‘隔空取物’等等说法,毫无根据,实难以令人相信。”由于官司需要,周锦兴对“功”的相关材料都做了仔细研读。

  “我们媒体有责任以客观态度对李洪志及‘功’作出调查和深入报导,对于被‘功’伤害的受害者,应给予伸张正义的扶助,向公众社会作出一个合理的报道。”

  “李洪志说自己比佛祖释迦牟尼的法力高出几十倍,但无法引证自己的说法,只不过是信口开河,把中国人的宽容和厚道视为愚蠢,蒙骗人们的同情心,我相信李洪志本人确实认为,谎言重复千次就能成为真理。”

  “功”在2005年12月7日终审判决书发出后的30天限期内,已于2006年1月5日提起上诉。周锦兴表示:“捍卫言论自由,维护正义和真理,我们决意坚持不懈,奉陪到底。”新华社记者杨士龙
 
XX功就是一帮败类,
一旦有批评他们的言论,他们就像疯狗一样跳起来。官司输了,正好打击一下他们嚣张的气焰。
 
XX功 是中国民主运动最大的绊脚石

在“XX功”发功之前 很多海外的华人都对中国民主运动给与了极大的支持 包括捐款 组织游行集会等。

但是自从有了“XX功”的参与他所谓的中国民主运动之后 海外的民运活动就变味了 以前很多支持民运的海外华人都远离民运活动 甚至转而支持中共政府了。现在可以说只要有人提起中国的民主运动 就被人牵扯到XX功。

好像只有 XX功 才是唯一民运团全体组织。很多正当的海外民运组织也跟着遭了殃 很多以前积极参与活动的成员都退出了

可以说 XX功 是拆了中国民主运动的台。

很多没有出国过的人 在出国之前都听说过海外的一些民运活动 真的出了国 亲眼看到那些所谓的民运活动 几乎全都是 XX功的活动 这些人的所作所为跟他们诋毁的中国政府的所作所为 没什么区别 支持它的拍手欢迎 反对他就上窜下跳 XX功是最听不得别人反对的声音。他们经常说GCD 如何黑暗 说实在话这些XX功 成员是在一个法治国家 要是他们在一个支持他们的集权政府国家的话 他们绝对能做出使用暴力行动来打击那些反对他们的组织个人和媒体。

就算GCD真的像他们说的那样黑暗 那XX功也不是多光明磊落。
 
这时候回头看看功的相关报导,我们不得不承认他们真的很真,很善,也很忍 ^_^。

!!!!!!!!!!!!!!

1。到这时候!华侨时报这头驴哭死都找不着坟头(多图)

2。华侨时报藐视法庭案二度开庭 被告何兵无故缺席被下令拘捕

3。末日的哀鸣──简评新华社所谓“加籍华人”的文章

4。江泽民被起诉的连锁反应!加拿大中领馆抛弃喉舌《华侨时报》(多图)

5。《华侨时报》诽谤案:加法官拒绝被告终止此案的要求

6。加拿大上诉成功 藐视法庭“案中案”亦将审理(图)
 
<“功”是一个有争论的运动。这种运动不接受批评言论>

这是许多人对XX功反感的原因。
 
最初由 xdu 发布
鲁索法官在判决书中指出,“李洪志将科学当作是危险和误导而加以排斥”,“‘’是一个有争论的运动。这种运动不接受批评言论。”
Link: http://www.sina.com.cn 2006年03月21日14:56

Finally, common sense prevailed against extreme ideas. :cool:
 
最初由 xdu 发布
鲁索法官在判决书中指出,“李洪志将科学当作是危险和误导而加以排斥”,“‘’是一个有争论的运动。这种运动不接受批评言论。”
Link: http://www.sina.com.cn 2006年03月21日14:56

楼主,有没有英文报导? 在加拿大的兔子们了解加拿大的新闻,不能也象在中国的兔子们了解中国的新闻那样,靠出口转内销呀?
 
法院裁决的英文连接

http://www.math.mcgill.ca/triples/infocult/jugementFalungong122005.doc

SUPERIOR COURT

CANADA
PROVINCE OF QUEBEC
DISTRICT OF MONTREAL

No: 500-05-069317-012

DATE: December 7, 2005
______________________________________________________________________

THE HONOURABLE MADAM JUSTICE JEANNINE M. ROUSSEAU


Petitioners

vs

CRESCENT CHAU

and

LA PRESSE CHINOISE EASTERN INC.

and

BING HE

Respondents
______________________________________________________________________

JUDGMENT
______________________________________________________________________

Conclusions

39. Amongst the characteristics of Master Li's teachings are the rejection of science as being misleading and dangerous, the promise of supernatural powers, amongst which a rotating wheel in the stomach of practitioners to purify them, constant health, rejuvenation, and the ability to see into other spatial dimensions.

40. It is a controversial movement, which does not accept criticism.

41 This evidence is not sufficient to allow the Court to come to the conclusion that the contents of the impugned articles, as summarized by the petitioners themselves: see paragraph 8 above, and reproduced in Schedule A, are false, grossly inaccurate, published to incite hatred and derision in Canada or persecution in the People's Republic of China. The motion must fail.

43. Theoretically, the respondents are entitled to costs on the basis of a $23,200,000 claim (232 x $100,000). Such a computation however would not be appropriate. Accordingly, the judicial fees set in the Tariff of judicial fees shall be calculated on the basis of one claim in the amount of $100,000.

44. The Court:

45 DISMISSES the claims of petitioners, with costs in favour of defendants Crescent Chau (JinXing Zhou) and La Presse Chinoise Eastern Inc.;

46. ORDERS that the costs be computed as set out in paragraph 43 of the present judgment.


http://72.14.203.104/search?q=cache...u++AND+Crescent+Chau&hl=en&gl=ca&ct=clnk&cd=4[/url]
 
Voice of Canadian Falun Gong victims

Subtitle:

PN-A wears the overcoat of Truth Compassion Forbearance, (but) does things of cheating money and killing lives

"PN-A claims that PR-F believes in “Truthfulness, Compassion and Tolerance”, and that it also believes in human rights, therefore he wants the international human rights organizations to protect the legitimate rights of PR-F practitioners. (I would like to ask) a few questions: Are there more Chinese people or more foreigners practicing PN-A's PR-F? Did PR-F originate in China or the Western world? PN-A talks about 100 million practitioners, we are not going to discuss whether the number is accurate or not1, but, nowadays not a single country would permit all of its citizens to follow a certain religion2, or that a religion represents that country, or its government, or its people3. PN-A writes, repeatedly, the so-called “scriptures”, and repeatedly has discovered and started attacks and dissatisfactions against the Chinese government, he even started the disputes and battles over international human rights among different countries, he has created all kinds of disagreements and conflicts, so that he would benefit from these turmoil4. He intends to become the leader of an internationalized religion5. (I would like to) ask: Is the human rights situation everywhere in the United States and Canada really what people want it to be? As a matter of fact, we people who live in North America understand that people in the United States and Canada are also, all the time, on a daily basis, struggling to ensure human rights, democracy and freedom, we fight against the occurrence of assassinations, violence and other malicious incidents caused by religions6. However, PN-A already now lives in America, but he has simply no objection about the protection of human rights of PR-F practitioners in America, and he has no words of protest7? (T.N. Could it be that PN-A has forgotten?) This cannot be! This is to intentionally conspire with the bloody suicides8 and self-immolations9 (in order) to harm China, the Chinese government and its people. His blind-sighted followers - PR-F practitioners – just want to put on the PR-F overcoat and harm (the interests of) the Chinese government10. Anti-Chinese principles, be it money-laundering in the underworld or wanted (known) murderers, the more the better, all become his backbone figures and front-runners11. How could this be cultivation! This is apparently to disguise himself under the banner of “Truthfulness, Compassion and Tolerance”, but deep down with malicious mind he is hiding an ambition to overthrow the Chinese government and become the leader of this religion12. How could a PN-A that claims he owns the universe and is the creator of the universe, be so narrow-minded as to not even be able to tolerate the Chinese government on the tiny planet of Earth13? How could such a great law of the universe allow its disciples to commit suicide14 and immolate themselves15 but no one can even find their sarira (T.N.: relics of their cremated body)? This is enough to prove the extent to which these people are fooled16. These kinds of malicious actions to produce murder17 are still continuing and spreading! It shocks all the kind-hearted people in the world! The black hand has already reached Canadians18!

Everyone who has practised PR-F has such memories: Once one starts practicing PR-F, a person will treat his/her spouse like an enemy, his family will be torn apart and family members will die, the practitioner's wife and children will all leave him, and he will have nothing left. Yet, he will still be desperate to promote PN-A and PR-F while having complete disregard for his own family members19 (I) ask you: Since families are the cells of a society, and if all families practice PR-F and thus “Discard and ordinary person's attachments, Whoever obtains the Fa (Law) is already a deity; Leaping out of the Three Realms, Climbing the heavens with a buddha's body,” can they still have no regard for human moral values, not talk about humanity and human rights, read BK-Z everyday, not work, not study, not live a normal life, not care about other's life or death, and still laud this as kindness and virtue, and (as a means of) striving to become) buddhas, taos and gods21. To sever all human attachments and to reach consummation, one would have run back to China from anywhere outside of the country, and then be under the control of PN-A so as to take the so-called trials and tests22. PN-A forces all practitioners to do so until they are insane or retarded23. He makes them commit suicide and/or immolate themselves. He forces women into prostitution, and regards human lives as nothing, and then (turns around) and accuses the Chinese government for these incidents24 Overseas PR-F practitioners must also have protection of their human rights and their lives. This kind of deliberate murder25 that uses spiritual control to achieve physical possession is going on worldwide. (I) hope that all parties in society would pay attention to all veteran practitioners of PR-F and keep track of them. How can any country or government allow this (to happen)?26

At present, all of those who have practiced PR-F for more than 5 or 6 years, are controlled by PN-A27. (At present), PN-A is performing sexual intercourse between humans and animals, which is a totally fascist atrocity and is devoid of the least bit of humanity28. He occupies their physical bodies, and he uses psychological innuendoes to make humans persecute other humans, and dogs bite dogs29, thus allowing new practitioners to go madly after veteran practitioners and exclude the veteran practitioners who know about what is going on at the practice site, so that there may be another identical round of such duping (T.N.: fooling the people)30. All of them are in a blur of a vision, (meaning not clear) their eyes look dull, their whole faces are black, (and all in all) too insane and stupid to look at31.

PR-F poses as buddhas, taos and gods, passing itself off as kind and virtuous buddhas, taos and gods32. (I want to) ask: PN-A, which of your practitioners – supposedly buddhas, taos and gods – has the ability (superpowers) of Sun Wukong, who could transform his hair into 72 different things33. In fact, each of them is controlled by PN-A34. How could there be any non-egoistic buddhas, taos or gods, they are a bunch of insane people that are being spiritually controlled and even physically possessed by PN-A35. They are now all very pitiful. I hope that society would investigate their present situation.

As is known by people, Buddha Sakyamuni is a buddha that came to the world to save people. He cultivated diligently for 29 years, and finally enlightened to buddhahood in an instant. The group of nuts (assistants and directors) under PN-A use the Jibi method, which is to use the genitals to receive the Gold and Silver Method, to screw whoever intends to cultivate (that is called to move twice)36(T.N. Meaning unclear). How can these assistants and directors arrange the cultivation of new practitioners? Screw all good people until they become insane, and so these insane people would go out like lunatics to promote PN-A and worship PN-A despite the objections of their family members37. They practice, in a big way, asceticism38. PN-A uses ghostly methods, which are through his evil thoughts and mind, to instill (these) into the hears of all PR-F practitioners39. PN-A, the so-called god or buddha, why would he need to use human material and spirits to realize his dream of “Great Buddha”. Were PN-A a real Buddha, would he go all over the world to receive the humanly prizes, would he try to obtain for himself the Nobel Peace Prize?40 Suck all the blood of the Chinese people, eat their flesh, use their hard-earned money to buy BK-Z like crazy and donate these book to everywhere and to promote the Fa (Law)41. He hoards money so much that all practitioners would pay big bucks for promoting him and for worshiping him42. This has caused a lot of old people ending up panhandling in the streets and making a living by cleaning the streets43. PN-A claims that there would be 50% of the population who would get to know the Fa (Law), up to now, who among the 100 million people has levitated to the sky44? Seeing some color by illusion when reading the book, or the movement of the words, or the music heard in the ears, or the talk by psychological innuendoes, the shouting of swearing words, mental control by giving hints in dreams, and still believes that these are the thought-karma45(meaning unclear). In fact, every one of them is scatter-brained, they see with a blurred vision, they have lost their memories, and are crazy, insane. Their thoughts are mixed up. They are unable to take advice, are misled and not clear-minded46. They really do not feel ill, for they have become insane. Insanity has led them not to be able to feel the pain caused by their illnesses. They willingly get raped, humiliated, psychologically influenced by PN-A47. Still they talk about loss and gain. They connect human genitals with pigs, dogs, donkeys and chickens for experiments, and still say that humans are the filthiest. PN-A himself and his wife gave birth to their daughter by intercourse between humans and animals (Buddha and human relationship is as such, for PN-A said he did not come to cultivate, and he is buddha). This can only be called cheating, murder, and is not saving people. It is the sexual intercourse between humans and animals!48

The author of this article has practiced PR-F for as long as 5 or 6 years, and is still controlled by PN-A49. PN-A also told his assistants and directors that these people have fallen down, are spies, dangerous people. Threaten them, push them away from the practice sites, for these are the insiders. In fact, PN-A is constantly raping us, possessing the bodies of these people50. PN-A's Fascist atrocities are hair-raising. As soon as the author of this article wanted to call the police or file a lawsuit, he will make me crazy, and (make me) lose consciousness, 24 hours of torture. He often talks about killing, involving all my relatives. (He) forces me to (want to) commit suicide, to jump into water, to do sitting meditation at 2:30 in the morning, and jump into the river. Otherwise, he will bring ghosts ad make human skulls appear, go to the so-called Prince Island, or do experiments with men and women with no genitals, use ghostly tricks and use humans to do experiments as cattle and ghosts51(meaning unclear). Making a big fuss about selecting concubines – among directors and assistants.52

Now my life is threatened all the time by PN-A's family members (wife and daughter) and B, because they may possess me and bite me to death.53 (I) hope all levels of society would give me help and support, and show concern and help this veteran practitioner to do investigation and receive psychiatric treatment. PR-F is the ghostly and evil stuff that harm both others and oneself and it destroys humanity.54 PN-A is doing evil and killing people55. People from all walks of life in society can contact all veteran practitioners and find out the real situation. Suppress PR-F as it creates the terrorists' underground activities.56

M (education Level: Junior high school57), PN-C (his wife is a house-wife) and PN-B (his brother, a soldier in the Chinese Military Museum, now a refugee58 living in Toronto), PN-D (Daughter of PN-A), the whole family pretend to be buddhas, taos and gods and extort money from PR-F practitioners59, the author of this article has gained evidence with the help from the Canadian police, and the police is investigating the issue60. The future science of mankind will rely on a group of people led by PN-A's education level of junior high school. It is so pitiful!61

The men of PN-A's whole family such the essence and blood from female disciples; the women from his family such the essence and blood from male disciples, especially the handsome men and pretty women, which cause their faces to look black62. The assistants and directors pick the subjects to be deceived, extort their money, and force them to become ill and become insane. Those assistants look good and healthy, but the faces of the others are black, their looks are dull63. Those practice Gold and Silver Method must become directors or assistants, manipulated by PN-B, they look licentious, sit (in positions to have intercourse) with each other, with happy-looking faces, that are red. The faces of those who have been sucked are black, their looks are dull, mad and stupid64. The responsible persons right away make arrangements to spread the Fa (Law), and hold experience sharing conferences.65 Those whose essence and blood have been sucked always do as they are told, and this is clearly intentionally hoarding money and killing66! Those who practice can observe can even look at photos of themselves! This is why everyone wants to become the responsible people! (I) wish people will quickly leave this evil terrorist organization67 --- PR-F, PN-A and the responsible persons. If you come to your senses after you find out the truth, which will be too late. They practice cat qigong, toad qigong, lad qigong and pursue handsome men and beautiful women68, wanting to live forever, wanting to rejuvenate themselves. Some responsible persons, PN-B has sucked more than 30,000 men and women69. Is this the human rights of your PN-A's family? Are your human rights ones that encroach upon the human rights of (all others, including the rights of) all relatives and all those who are against you? This is breaking the law! Is this extorting money, accumulating wealth and ignoring the law?71
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有些文中说法是you dian 骇人听闻。比如这个:
The men of PN-A's whole family such (suck) the essence and blood from female disciples; the women from his family such (suck) the essence and blood from male disciples, especially the handsome men and pretty women, which cause their faces to look black62. The assistants and directors pick the subjects to be deceived, extort their money, and force them to become ill and become insane.

不过文中所述多数应该是真的吧?

Can anybody find the Chinese version?
 
顶!!!!!!!!!!!!!!!!!!!!
 
最初由 农民工 发布
这时候回头看看功的相关报导,我们不得不承认他们真的很真,很善,也很忍 ^_^。

!!!!!!!!!!!!!!

1。到这时候!华侨时报这头驴哭死都找不着坟头(多图)

2。华侨时报藐视法庭案二度开庭 被告何兵无故缺席被下令拘捕

3。末日的哀鸣──简评新华社所谓“加籍华人”的文章

4。江泽民被起诉的连锁反应!加拿大中领馆抛弃喉舌《华侨时报》(多图)

5。《华侨时报》诽谤案:加法官拒绝被告终止此案的要求

6。加拿大上诉成功 藐视法庭“案中案”亦将审理(图)

haha
 
加国最高法院判罚款十万并赔偿被告的一切损失,是非常公正的判决。

这对轮子功严重干扰西方誉论自由和造谣诽谤是很好的教训。
 
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