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Home > Khalaji v. Derakhshan

Khalaji v. Derakhshan [1]

Submitted by DMLP Staff on Wed, 10/31/2007 - 11:16

Summary

Threat Type: 

Lawsuit

Date: 

10/19/2007

Status: 

Pending

Location: 

Canada

Verdict or Settlement Amount: 

N/A

Legal Claims: 

Defamation
In October 2007, Mohammed Mehdi Khalaji, a fellow of the Washington Institute for Near East Policy, filed a defamation lawsuit in the Ontario Superior Court of Justice against prominent Iranian-born, Canadian-based blogger Hossein Derakhshan. Khalaji alleges that, in a number of posts... read full description
Parties

Party Receiving Legal Threat: 

Hossein Derakhshan

Type of Party: 

Individual

Type of Party: 

Individual

Location of Party: 

  • District of Columbia

Location of Party: 

  • Canada

Legal Counsel: 

Stephen Selznick
Description

In October 2007, Mohammed Mehdi Khalaji, a fellow of the Washington Institute for Near East Policy, filed a defamation lawsuit in the Ontario Superior Court of Justice against prominent Iranian-born, Canadian-based blogger Hossein Derakhshan. Khalaji alleges that, in a number of posts beginning in October 2005, Derakhshan made defamatory comments about him in Persian.

Specifically, Khalaji takes issue with Derakhshan's claims that he (Khalaji) was working for a right-wing think tank that openly supports the policy of "regime change" in Iran, that he was "giving ideas to the cruelest and dirtiest enemies of Iran and humanity," and that he was "the only Iranian who has worked for both Khameni's office and Dick Cheney's, who intends to bomb Khalaji's former office building plus thousands of men, women and children living in the surrounding area." Derakhshan disputes the accuracy of Khalaji's translations of these statements.

In his lawsuit, which was filed on October 19, 2007, Khalaji seeks $2 million in damages based on these and other allegedly defamatory statements, which he claims are malicious and designed to incite violence against him and his family.

Prior to the lawsuit, on July 27, 2007, Khalaji's lawyers sent a letter to Derkhshan, his domain registrar (GoDaddy), and his hosting service (Hosting Matters, Inc), demanding that defamtory posts about him be taken down. Hosting Matters ultimately terminated Derakhshan's accounts in August 2007. Days later, Derakhshan's blogs were back online with a different hosting service, 1&1 Internet, apparently with the disputed posts still in place. (For more on the letter threat, please see the CMLP's database entry, Khalaji v. Derakhshan (Letter) [2].)

Related Links: 

  • Editor: Myself: Mehdi Khalaji's $2 million lawsuit against me over my blog posts [3]
  • Hoder.com: Email exchange with Hosting Matters [4]
  • CMLP: Iranian Blogger Hossein Derakhshan Sued for Defamation in Canada [5]
  • CMLP's Database Entry on the Khalaji v. Derakhshan Letter [2]

 

Details

Web Site(s) Involved: 

www.hoder.com [6]

www.hoder.com/weblog [7]

One of the disputed posts [8] (in Persian)

Content Type: 

  • Text

Publication Medium: 

Blog

Subject Area: 

  • Defamation
Court Information & Documents

Jurisdiction: 

  • Canada

Source of Law: 

  • Canada

Court Name: 

Ontario Superior Court of Justice

Court Type: 

International

Case Number: 

07 CV 342132 PD

Relevant Documents: 

PDF icon 2007-10-19-Khalaji Complaint.pdf [9]
CMLP Information (Private)

CMLP Notes: 

Needs updating

Status checked on 6/5/2008, couldn't find anything new.  Derakhshan does mention in a Feb. 2008 post that he has a pro bono lawyer, but the details seem to be in Persian. (AAB) 

AVM 6/11/09 - Derakshan was arrested in Iran on 11/1/2008 and has been detained without charge. I do not know how the Canadian court would react to this, I imagine the case is on hold. 

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Source URL (modified on 08/20/2014 - 11:04pm): https://www.dmlp.org/threats/khalaji-v-derakhshan

Links
[1] https://www.dmlp.org/threats/khalaji-v-derakhshan
[2] https://www.dmlp.org/threats/khalaji-v-derakhshan-letter
[3] http://hoder.com/weblog/archives/016557.shtml
[4] http://hodertemp.blogspot.com/2007/08/accounts-and-billing-hosting-matters.html
[5] https://www.dmlp.org/blog/2007/iranian-blogger-hossein-derakhshan-sued-defamation-canada
[6] http://www.hoder.com/
[7] http://www.hoder.com/weblog
[8] http://i.hoder.com/archives/2007/03/070329_015899.shtml
[9] https://www.dmlp.org/sites/dmlp.org/files/sites/citmedialaw.org/files/2007-10-19-Khalaji%20Complaint.pdf