I've been told that if you have a nuisance neighbour who just loves burning crap and plastic waste almost everyday and you post a photo of him doing it he can sue you for doing so.

True or false?

I've been told that if you have a nuisance neighbour who just loves burning crap and plastic waste almost everyday and you post a photo of him doing it he can sue you for doing so.
True or false?

False. Post the photo. Do not make comments


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2 minutes ago, Sealbash said:

False. Post the photo. Do not make comments


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So you are saying if you make comments you can be sued?

Afaik a picture alone is not defamation, but if you write anything negative this would be defamation.

But you always have the problem that this is Thailand. If your neighbour happens to have a police officer friend (or contributes to the police fund), the police may just charge you with defamation even if you just posted a picture, and then it can happen that you spend a while in jail while waiting for your court hearing even if the case is dismissed in the end. That this would happen is of course quite unlikely, but is posting a picture worth the risk?

Maybe the description of this forum rule applies to the "you post a photo of him doing it he can sue you for doing so".

 

6) You will not post comments that could be reasonably construed as defamation or libel.

 

Defamation is the issuance of a statement about another person or business which causes that person to suffer harm. It does not have to be false to be defamatory. Libel is when the defamatory statement is published either in a drawing, painting, cinematography, film, picture or letters made visible by any means, or any other recording instruments, recording picture or letters, or by broadcasting or spreading picture, or by propagation by any other means. Defamation is both a civil and criminal charge in Thailand.
 

read the forum rules, they are quite clear in its description....

Defamation is the issuance of a statement about another person or business which causes that person to suffer harm. It does not have to be false to be defamatory. Libel is when the defamatory statement is published either in a drawing, painting, cinematography, film, picture or letters made visible by any means, or any other recording instruments, recording picture or letters, or by broadcasting or spreading picture, or by propagation by any other means.

Defamation is both a civil and criminal charge in Thailand.
 

 

 

8 minutes ago, overherebc said:

post a photo of him doing it he can sue you for doing so.

True or false?

True in some cases without his permission if he is located in his own property.

If he were outside his property that's not generally illegal.

Many pictures are sent to authorities anonymously for that reason. 

Please remember there is a Computer Crimes Act in Thailand.  A bit of lite reading (and admit have not done so).

http://www.mdes.go.th/assets/portals/1/files/600908_01Computer-RelatedCrimeActBE2550Amended-E.pdf

11 hours ago, CharlieH said:

read the forum rules, they are quite clear in its description....

Defamation is the issuance of a statement about another person or business which causes that person to suffer harm. It does not have to be false to be defamatory. Libel is when the defamatory statement is published either in a drawing, painting, cinematography, film, picture or letters made visible by any means, or any other recording instruments, recording picture or letters, or by broadcasting or spreading picture, or by propagation by any other means.

Defamation is both a civil and criminal charge in Thailand.
 

 

 

Can you post a link to the forum rules - I've been searching for it including using the TVF search but can't find them.

1 minute ago, JimmyJ said:

Can you post a link to the forum rules - I've been searching for it including using the TVF search but can't find them.

In the top right hand corner on this page , there are three whitInsert other media e lines , click on that and forum rules is at the top

Forum rules here:

https://forum.thaivisa.com/terms/

On 5/26/2019 at 1:41 PM, Sealbash said:

False. Post the photo. Do not make comments


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What can that achieve....a pic. of a person burning plastics and stuff...with no explainatory comment?

What can that achieve....a pic. of a person burning plastics and stuff...with no explainatory comment?

Realistically, What will an explanatory comment achieve?


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years ago on this forum I chatted with a guy who owned an engineer company who stupidily put his company name in the footer of his messages on tv.com   He got into a tiff with a spiteful old german  guy. Insults were exchanged and the german guy sued for defamation. He said it went on for yrs and cost him a ton of money

only one way to find out 

The problem is not in the taking of the photos, it is in the releasing of those photos to the public that breaks the law.

Forgetting the Forum Rules for a second. The problem that you face is that if you release those photos on any media then you are liable to be sued for defamation.

The moderators on TVForum may miss the post for several minutes before removing it, but it has already been seen and therefore you have not only broken the forum rules but you have released it to the public and therefore you would be liable

Just to point out that the forum rule exists and is enforced quite rigorously for the protection of the member as well as the forum, given the seriousness and legal implications in this country.

On 5/26/2019 at 1:39 PM, overherebc said:

True or false?

 

True

Your best bet for getting something done about this would be to make a complaint at your local Tessabaan (Council) office.

 

Avoid direct confrontation as he might get nasty, let the local Thai gov't deal with it.

A post suggesting a dangerous/harmful action has been removed, and a response to it.

On 5/26/2019 at 1:54 PM, metisdead said:

Maybe the description of this forum rule applies to the "you post a photo of him doing it he can sue you for doing so".

 

6) You will not post comments that could be reasonably construed as defamation or libel.

 

Defamation is the issuance of a statement about another person or business which causes that person to suffer harm. It does not have to be false to be defamatory. Libel is when the defamatory statement is published either in a drawing, painting, cinematography, film, picture or letters made visible by any means, or any other recording instruments, recording picture or letters, or by broadcasting or spreading picture, or by propagation by any other means. Defamation is both a civil and criminal charge in Thailand.
 

Elon Musk is <deleted> then. Big Vern should have sued him here.

Why......ohhhhh why...........do people come to T V to ask legal question?

 

Would you go to a gas station to get your heart checked.

 

Ask Siam Legal

5 minutes ago, Captain 776 said:

Why......ohhhhh why...........do people come to T V to ask legal question?

 

Would you go to a gas station to get your heart checked.

 

Ask Siam Legal

Because it is a renown and glorious hub of barstool lawyers?

15 minutes ago, Captain 776 said:

Why......ohhhhh why...........do people come to T V to ask legal question?

 

Would you go to a gas station to get your heart checked.

 

Ask Siam Legal

The last person anyone should ask for legal advice is a lawyer.

Plus.

You don't know if I am asking for my benefit or if I'm asking because it was something we talked about and no-one was quite sure.

What are this forums rules regarding disclosure of ip and other info in defamation inquries?

On 5/26/2019 at 1:52 PM, jackdd said:

Afaik a picture alone is not defamation, but if you write anything negative this would be defamation.

But you always have the problem that this is Thailand. If your neighbour happens to have a police officer friend (or contributes to the police fund), the police may just charge you with defamation even if you just posted a picture, and then it can happen that you spend a while in jail while waiting for your court hearing even if the case is dismissed in the end. That this would happen is of course quite unlikely, but is posting a picture worth the risk?

This is Thailand, he could have you removed from the gene pool, or prosecuted, at the least your life maybe worse than hell...be careful and good luck.

or maybe your life could be curtailed


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Why don't you have a chat with him and explain that burning plastic is dangerous for one's health. Tell him you want him to live long and healthy. In the third world, sweep and burn is how cleaning is done. They just don't realize how dangerous the smoke can be.

On 5/26/2019 at 1:39 PM, overherebc said:

I've been told that if you have a nuisance neighbour who just loves burning crap and plastic waste almost everyday and you post a photo of him doing it he can sue you for doing so.

True or false?

what do you hope to achieve by posting such photos?

2 hours ago, LukKrueng said:

what do you hope to achieve by posting such photos?

Read post 24.