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American expat charged with defamation after leaving multiple negative reviews online


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45 minutes ago, geisha said:

Unfair and libelous comments should be against the law.

Someone who just doesn't get it. You are making subjective assumptions and don't understand the law -or how it is abused in Thailand. Just because you don't like something doesn't make it legal....it's such a cliche "there should be a law"!!

Edited by Airbagwill
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I feel the law on defamation in this case based on what I have read may be being properly applied.  However, whether it be a restaurant, hotel or other place providing service to tourists or customers from other countries they should be made aware if things are not up to the expected standards.  That said, the standards expected must be within reason and be properly communicated.  When possible this should be done in person with the property owner and possibly not the manager or other staff on duty.  Properly communicated, constructive criticism could make the property better for new and returning visitors.

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4 minutes ago, Bill Good said:

Wesley stated he paid 6000 baht for one nights accommodation.. I checked the rates on line and it is $96 Aud a night (approx. 1000 baht)  Whoever is right or wrong, Thailand tourism will be the loser when this episode gets on TV and radio stations around the world. In Australia you can voice your opinion and have no fear of being thrown in goal.  Not as if this is anything to be proud of, in OZ you can tell the PM what he can do to himself, voice your opinion about the British Royal Family and not be thrown in goal.

As long as you're wearing a useless mask when you do it otherwise you might get thrown in gaol (a goal is something you kick but sometimes one can be thrown into one).

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This guy acted like a fool. Those who know this culture and speak Thai understand to some degree how this culture works. NEVER get into an "nasty" argument with Thai people, regardless of who it is. Thais honor a soft approach and a smile to engage in negotiations. In other words, shut your mouth and deescalate your drunk*** attitude asap. Be polite...supap na krap. 

 

He's staying at a resort @ 6000THB/night? Is 500THB really worth arguing about and having the entire staff think you're a bonehead? Threats to post negative reviews to ruin the resorts reputation is stupid. This guy needs to grow up.

 

As difficult as it may be in the heat of the moment, don't threaten Thai people...period. You will lose that battle and a world of trouble can come raining on your holiday parade. Don't think Thais will take being threatened or verbally assaulted lying down. They have many ways to push back and some are not nice at all...don't go there.

 

My fellow American learned a hard lesson...shut your mouth, be friendly and if negotiations don't work then pay them the frickin' 500THB.

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When is he due to go to court...? These things usually take a very long time, and don't make the court, usually settled "amicably" in front of a adjudicator. I had to settle something for one of my daughters. He wont get his bail 100K back until it is settled.

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31 minutes ago, Airbagwill said:

This is the crux of the matter.....whether the things he alleged are true or not, he has probably :damaged the reputation" and this is how most people in Thailand use the law to save face or "protect their reputation"

 

Any debate about how valid his claims were or their veracity is totally beside the point.

 

There have been many examples of this over the years - I remember a case of an English person exposing exploitation in a fruit factory, but this didn't stop him from being arrested.

 

In Thailand truth takes second place over face.

 

What is needed now are multiple warnings about this hotel to visitors as to what might happen if they stay there and are unhappy with the service.

 

My guess is that they have compounded the situation by taking this action

The feelings of Mr Barnes, as written in his review, are not any kind of truth. They are just how he felt. He made subjective opinions about how he felt about the staff and his treatment at the hotel. Should a person be able to damage the reputation of an hotel based on his subjective feelings. There are always difficult guests at every hotel.

 

This has nothing to do with saving face. Damaging an hotel's reputation affects their profitability. This is about money, not face.

Edited by JensenZ
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Just now, mrmicbkktxl said:

Don't give a bad rating to any thai business or you end up in prison,.Trip advisor should be sued for not warning the people'Do not leave a bad rating for a Thai hotel or end up in prison'

Tourists posting from their home country won't be affected, Expats living and working Thailand should know better.

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39 minutes ago, polpott said:

Those issues will be of no concern to the court. True or false doesn't come into it. Said/not said is all that matters and on those grounds he's banged to rights I'm sad to say.

Very true. 

 

But must dash as I'm off for a few pints and to see if a certain Scottish team can get it right. ????

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Thailands defamation laws (along with one particular ‘other’ law) are wholly detrimental to the fabric of society. They are used by the powerful to avoid public accusations of their misdeeds, corruption and criminal activities. 

They are used in politics to put down the opposition when no other options are available. 

They are used in a manner such laws should never be used. 

 

That said - it seems quite clear the American Guy was clearly trying to harm the business and spite some revenge rather than leaving reviews which others may find useful. 

 

The American guy definitely seems to have acted immaturely.

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1 minute ago, JensenZ said:

They could be as they might return. 

You really think Don Mega posting on an open wifi from his home country will run into issues trying to re-enter Thailand after posting a defamatory review on a website, How would they find out the ID of Don Mega ?

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Just now, polpott said:

Apparently he posted a more vitriolic review which was removed by TripAdvisor. He then reposted the one above.

LOL > they weren't smiling enough. Some nationalities don't want hotel staff smiling at them all the time - it's a cultural thing and people differ in their interpretation of a smile. Personally, I don't like over friendly hotel staff. Cordial and efficient is quite enough for me.

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2 minutes ago, Don Mega said:

You really think Don Mega posting on an open wifi from his home country will run into issues trying to re-enter Thailand after posting a defamatory review on a website, How would they find out the ID of Don Mega ?

Its in your passport.

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3 hours ago, Foghorn said:

They want reviews for help give good name but cry at bad reviews , shouldn’t have it both ways .

I understand hotel are suffering but ain’t foreigners fault , the virus is chinese

Some yes and some no. I did not ask to be on Trip adviser. He did this because he was happy and wanted to help, yet the title and what we actually offer as services was wrong. 

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2 minutes ago, Don Mega said:

You really think Don Mega posting on an open wifi from his home country will run into issues trying to re-enter Thailand after posting a defamatory review on a website, How would they find out the ID of Don Mega ?

 No, you should be ok, but there is a risk that some people could be identified by some hotels.

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