American expat charged with defamation after leaving multiple negative reviews online

[HiSoLowSoNoSo]

Thrown in jail for giving a bad review! Even if he is wrong, this is not good PR for Thailand as a tourist destination.

[oldhippy]

Does the menu mention No Outside Drinks or, if allowed,  the amount of the corkage? That would make all the difference.

[rkidlad]

6 minutes ago, RawboneFunksta said:

You people supporting this are moronic

Under no circumstances should anyone face gaol time for critical feedback

what next . . . teachers arrested for giving bad report cards . . .ya <deleted>---n idiots

Especially in a country where you can kill someone and not spend a single day in jail. 

[Orac]

56 minutes ago, 4evermaat said:

would like to hear the reviewer's version of events.   But if the hotel's timeline of events are accurate, then I could understand why they at least wanted to talk to him.

 

I suspect if these reviews were to be updated and/or removed, and perhaps an agreement to not go to anymore hotel/restaurants owned by the same entity, then the suit would be settled/dropped instantly.

 

Kind of sad that it took a lawsuit for the offender to respond to the hotel's request for comment.

Barrow also put a response from the reviewer up to the resorts statement but I assume before this story was posted.

 

[Susco]

1 hour ago, ThailandRyan said:

Only in Thailand could this happen.

You may rethink about that

https://www.howtogeek.com/352302/can-you-get-sued-for-leaving-a-bad-review/

Reviews Are Protected By the First Amendment…To a Point

 

As long as what you say is factually true or is an opinion, this act should protect what you write. However, with a negative review, it’s very easy to cross into defamatory territory. The Electronic Frontier Foundation has a great summary on online defamation laws. It’s meant for bloggers, but it applies to anyone who posts content, like reviews, online.

In brief, if you publish “a false statement of fact” that could “harm the reputation of the plaintiff” (which means the company in this case), then you are committing defamation.

[oldhippy]

4 minutes ago, Orac said:

How do TripAdvisor reviews work as the ‘guest’ claims that his first review with the human slavery allegation was never published yet the resort have a screenshot of it in their statement - do hotels get to vet reviews before publication?

TripAdvisor is a shoddy website, it's aim is not to advise, but to make money.

I'm so glad I live in the free world (being locked out of Thailand), and I can say this.

[pookondee]

And to think:

they think folks are gonna be bending over backwards to get into the place,

jumping through several blazing hoops,

lining up with tons of paperwork,

paying big money for the chance to be scammed...

 

Its going to be real interesting to see the first STV tourist who tests positive

(or gets a fake positive) 

then gets escorted by gaurds to a hospital and extorted,

even though he has NO SYMPTOMS!

 

That guy will certainly be putting in a bad review

[EricTh]

10 minutes ago, Orac said:

Barrow also put a response from the reviewer up to the resorts statement but I assume before this story was posted.

 

 

Now we hear two sides of the story but which to believe?

 

Why didn't he videotape the scene so we can judge who is telling the truth?

 

I am sure with a handphone camera nowadays, it should be easy.

 

Does the resort have CCTV, I think it does.

 

'Workplace'? What is he working as ?

Edited September 26, 2020 by EricTh

[Neeranam]

12 minutes ago, rkidlad said:

Especially in a country where you can kill someone and not spend a single day in jail. 

When you move to a foreign country, it is wise to respect its laws. If you can't, then go home. 

[Neeranam]

Two idiots with a resentment. The main thing here is not to <deleted> off the wrong person in Thailand, and other places for that matter. In Scotland he'd get head-butted, which is much better than a 200k fine. 

[LomSak27]

52 minutes ago, Nout said:

Another self entitled yank bites the dust.lol

The yank may indeed be entitled but obviously the resort owners are entitled, privileged, ----s.

 

He wrote a review on trip advisor, a popular but essentially flaky online travel source. He then ends up with a 2 year jail sentence. Amazing Thailand.    

 

Methinks this is not going to help jump start tourism to Thailand.

 

Edited September 26, 2020 by LomSak27

[steven100]

The fact that he posted bad reviews on many websites over and over is his downfall.

If he just held it together and posted one or two reviews all would have blown over.

If he just accepted the corkage charge if warranted in that he was in the restaurant area drinking beer bought from outside, then he wouldn't be in this mess.

I was in a hotel recently sitting around the pool, and we were drinking wine and the manager came to me and said that I'd have to pay corkage 300 bht for bringing wine in from outside. I accepted and paid. 

[alyx]

50 minutes ago, ukrules said:

I think they were correct to have this guy arrested, he attempted to destroy their reputation based on his own ignorance at a time when business is already bad and ignored all attempts at contact.

 

I've met people like this guy before and believe me, I've considered having them arrested but I've refrained so far.

Well, whether one finds this arrest deserved or not, the hotel has just shot itself in the head....In order to have a fair opinion about this, I researched Mr Barnes' posts and....I saw several negative comments posted today. Fake or not there is one which will most certainly deter future potential clients: "One guest was arrested for defamation". Whether or not  it is proven, actually I do not know what has to be proven considering that all comments are subjective ( and that is the whole point) and may hurt the business (or help it) I know of a few possible guests who would choose another place.

[EricTh]

1 minute ago, Neeranam said:

Two idiots with a resentment. The main thing here is not to <deleted> off the wrong person in Thailand, and other places for that matter. In Scotland he'd get head-butted, which is much better than a 200k fine. 

 

I analysed the recent three comments with the worst ratings - one star in all categories, it came from three new members with one contribution each for all Tripadvisor reviews which is highly suspicious.

 

 

[ukrules]

10 minutes ago, oldhippy said:

TripAdvisor is a shoddy website, it's aim is not to advise, but to make money.

I suspect 'Trip Advisors' days of publishing reviews in Thailand are coming to an end.

 

Why don't they also arrest the staff from Trip Advisor, they published the rantings ?

[rkidlad]

15 minutes ago, Neeranam said:

When you move to a foreign country, it is wise to respect its laws. If you can't, then go home. 

Thanks. 
 

And when foreign countries use draconian laws to ‘imprison’ their hotel guests for bad reviews online, let it be known that’s the law in that country. 

 

You lock up tourists for leaving bad reviews? Let us help you spread the word. Let us help you own it. 

Edited September 26, 2020 by rkidlad

[EricTh]

1 minute ago, steven100 said:

The fact that he posted bad reviews on many websites over and over is his downfall.

If he just held it together and posted one or two reviews all would have blown over.

If he just accepted the corkage charge if warranted in that he was in the restaurant area drinking beer bought from outside, then he wouldn't be in this mess.

I was in a hotel recently sitting around the pool, and we were drinking wine and the manager came to me and said that I'd have to pay corkage 300 bht for bringing wine in from outside. I accepted and paid. 

Not only that. See my post above.

[4evermaat]

17 minutes ago, Orac said:

Barrow also put a response from the reviewer up to the resorts statement but I assume before this story was posted.

 

 

So why did he turn it into a staff being slave thing?  Why didn't he just stick to "hey, we spent 6000 baht for rooms and still were asked to pay 500 baht for corkage....staff was rude also"   

 

There is a difference between leaving an honest review and just being vindictive.    Should he be arrested for it??? hmmmmm. 

 

I do think this will be settled to everyone's benefit.  

[alyx]

4 minutes ago, steven100 said:

The fact that he posted bad reviews on many websites over and over is his downfall.

If he just held it together and posted one or two reviews all would have blown over.

If he just accepted the corkage charge if warranted in that he was in the restaurant area drinking beer bought from outside, then he wouldn't be in this mess.

I was in a hotel recently sitting around the pool, and we were drinking wine and the manager came to me and said that I'd have to pay corkage 300 bht for bringing wine in from outside. I accepted and paid. 

I hope you were told before you started drinking and that you told the staff you were bringing some drinks in....

[oldhippy]

6 minutes ago, steven100 said:

The fact that he posted bad reviews on many websites over and over is his downfall.

If he just held it together and posted one or two reviews all would have blown over.

If he just accepted the corkage charge if warranted in that he was in the restaurant area drinking beer bought from outside, then he wouldn't be in this mess.

I was in a hotel recently sitting around the pool, and we were drinking wine and the manager came to me and said that I'd have to pay corkage 300 bht for bringing wine in from outside. I accepted and paid. 

Was it on your bill?

[Neeranam]

6 minutes ago, LomSak27 said:

The yank may indeed be entitled but obviously the resort owners are entitled, and privileged.

 

He wrote a review on trip advisor, a popular but essentially flaky online travel source. He then ends up with a 2 years in jail sentence. Amazing Thailand.    

 

Methinks this is not going to help jump start tourism to Thailand.

It not Thailand that's suing the guy, it's one hotel. 

[OJAS]

17 minutes ago, EricTh said:

Why didn't he videotape the scene so we can judge who is telling the truth?

If he had done so, I wonder whether things might have gone something like this:-????

 

 

[Flying Saucage]

Nobody should ever be thrown in jail for telling his opinion about a hotel. This is a no go.

 

This again shows how arbitrary the defamation laws in Thailand are used. Disgusting. Whatever happened - and I do not defend this guy - the hotel and especially the police are wrong. In a civilized country, the police would try to moderate and reject such a ridiculous prosecution. Come on, it's a review on Trip Advisor! 

 

In a civilzed country, the hotel would have the possibility to use the civil code to fend off a wrong accusation, but not a criminal law which can bring you into jail for years.

 

Banana republic!

 

Edited September 26, 2020 by Flying Saucage

[alyx]

4 minutes ago, 4evermaat said:

 

So why did he turn it into a staff being slave thing?  Why didn't he just stick to "hey, we spent 6000 baht for rooms and still were asked to pay 500 baht for corkage....staff was rude also"   

 

There is a difference between leaving an honest review and just being vindictive.    Should he be arrested for it??? hmmmmm. 

 

I do think this will be settled to everyone's benefit.  

Definitely not to the benefit of the hotel: this event has stained its reputation.

[Neeranam]

I was thrown down the stairs in the Pink Pussy Disco, Pat Pong in the mid 90s for bringing in a bottle of Sang Thip.

English teachers used to sit outside Foodland drinking Chang before going into the clubs.  Not many English teachers, like this guy could afford fancy hotels on the islands. 

[steven100]

4 minutes ago, alyx said:

I hope you were told before you started drinking and that you told the staff you were bringing some drinks in....

no .... but it was no big deal as most decent hotels around the world charges ' corkage '

[Neeranam]

1 minute ago, Flying Saucage said:

This again shows how arbritary the defamation laws in Thailand are used. Disgusting.

Hardly disgusting just because the Constitution here is not the same as in your country. Integrating and assimilating is better than bashing. 

[LomSak27]

Just now, Neeranam said:

It not Thailand that's suing the guy, it's one hotel. 

First in the US and most any other country the judge and local gendarme would toss the case out, but they did not. Ooops. When the story hits the US media and it will, because it is so bizarre, it happened in Thailand, that is what will register. 

[steven100]

5 minutes ago, oldhippy said:

Was it on your bill?

yes, I believe they added it and we paid cash with some thai food at the poolside table.

[alyx]

3 minutes ago, Neeranam said:

It not Thailand that's suing the guy, it's one hotel. 

Agreed but, not taking sides, one surely understands that the impression will not subside: it happened and can happen again in the named country ( I am sure that there are laws of the same essence elsewhere, not only in Thailand)

Hopefully it will only affect the hotel ( not hoping it will ) considering that people have a short memory