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Pattaya expat threatened with jail after posting negative restaurant review online


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2 hours ago, Anythingleft? said:

Defamation, which is a criminal offence in Thailand, is punishable by up to two years in jail.

Commentators have said previously that Thailand’s strict defamation laws have been used as a weapon by the powerful to silence critics.



This law in its current presentation is crippling Thailand from moving forward...

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good point 

Edited by Easy Come Easy Go
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8 minutes ago, manarak said:

so facebook is lying to at least one of us

They announced reaching over 40,000 members on 23rd March 2018.

'Cheers guys thanks for all your support.'

 

It is immaterial in this context anyway, as it doesn't change the OP, most members do not review in any case, probably less than 20% actually live here.

 

Just seen that this thread is being hotly discussed in the group!!

Edited by Mattd
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The defamation laws in Thailand are indeed truly archaic !  A corrupt lawyer who was caught red handed with forging documents and stealing property, replied by slapping a defamation suit on the plaintiff, and refusing to hand over any relevant documents.  Rather than face a long trial and confrontation, the plaintiff gave in, and only then had the accusation of defamation removed, losing many millions of baht in the process !!  Such is Thailand  and the Law!

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I don't patronize threatening establishments. Looking forward to the disclosure of same.

3 hours ago, darksidedog said:

The restaurant owner must be an idiot. Pattaya is a small town so it is not going to be difficult for those of us who live here to find out which one it was. One wonders how bad the review was and if the restaurant is actually doing anything other than making threats to solve the problem, i.e. improving their apparently fairly crap 

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It was quite probably just a meaningless threat with nothing to be concerned about .
   Its very unlikely that legal action will be taken , just a empty threat
Unfortunately the threat can end up costing you a lot financially here, mostly depending upon who is the most influential or wealthy of the parties involved.
Hence the reason so many people are scared to get involved with things in the first instance and offer new or differing opinions in all fields.
Like the OP statement says it is often used or waved around as an effective tool for oppression. Used correctly it is a great benefit to all, abused and it is very regressive...

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The owner of the restaurant should have handled the situation better, I can see his point as he probably invested a lot of money and time in this establishment and can lose custom because of this review, but to take the action he has taken he will lose more custom and most importantly in Thailand lose face.

He should come out and apologize and offer to make amends, maybe share a bottle of wine with the alleged bad reviewer.

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1 hour ago, wedders said:

Interestingly I'm eating in the very same restaurant right now....

Great!

Could you or someone else PM me the name of this restaurant. I won't publicize it. I just want to avoid reviewing them! Intimidation works!

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2 hours ago, ostyan said:

I absolutely agree with the restaurant owner. We should treat this case seriously. At the end of the day, it is not just killing a policeman or killing a hubby. I would vote for arresting the traitor, waterboard him, should learn his connections, etc. 

It is necessary, 'cos he mustn't be Thai, Thais don't do like this , it is a farang.  How dares he say or write his opinion? In Thailand? A lifetime jail sentence is a minimum. 

 

My money would be on the restaurant owner being a Farang, not a Thai.

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3 minutes ago, lelapin said:

Pattaya Mail have a weekly Dining Out column which reviews restaurants. Are they only allowed to publish those that get a good review. 

Basically, the answer is YES.

They wouldn't use the word allowed.

They've written about this several times.

What they say is that if they visit a place and it's awful, they won't review it.

They also indicated that people can read between the lines to figure out that they're not excited about a place.

That is true.

But they still won't say anything strongly negative.

 

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3 hours ago, chuang said:

The restaurant is only taking a cue from the army...:cheesy:

A true word said in jest? This is the problem, certain parts of the community cannot and don't how to handle rejection, insults and most of all the truth. So what happens instead they scrape up some law and hide behind it. Riddled with corruption from top to bottom, a lies reign supreme.

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4 hours ago, mcdiddly said:

The definition of defamation is; the action of damaging the good reputation of someone; slander or libel. Slander and libel is based on the legal primis that the statement is false. An opinion is subjective. 

Your absolutely right. But this is Thailand and the courts consider ... "Be the accused innocent or guilty is immaterial the fact is the man has been defamed" The might of the BBC accepted this in Phuket Court and when there was an opportunity to expose the law they ran scared of a two bit corrupt back street lawyer.... The defamation laws are a tool for the corrupt and guilty . .  indeed a get out of jail card.

Edited by Nip
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