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British Man Arrested in Bangkok Over Defamation Claims by Phuket Restaurant


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1 hour ago, shackleton said:

You would think people coming and living in Thailand 

Would learn or know what they can say or do in Thailand 

Bottom line you are a guest behave like one 

And enjoy what Thailand has to offer 

No doubt others will think differently 

There's 2 types of guest, one that is enjoying your free hospitality and another who is a paying guest and on whose patronage you rely for your living. The latter certainly has a right to complain and if that complaint is met with arrest and criminal prosecution then the host is doing his very best to ensure he no longer receives patronage from many paying guests to the detriment of his living.

Unfair or dishonest reviews should be dealt with outside of criminal prosecution which inevitably leads to very poor publicity causing far more damage than the criticism. But then you'd have to have a brain to realise that...

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1 hour ago, Frankie baby said:

I suppose they have to prove the review is incorrect before they can proceed.

 

 

In Thailand it is considered defamation to say something about a business or person that harms them, EVEN IF IT IS TRUE.

 

If, for example, you say that the prices are too expensive, and that takes away customers from the business, it will be defamation even if you can prove with the invoice that it is true.

 

Since in the first world defamation is only considered if it is a lie, many Westerners fall into the trap of leaving unfavorable opinions on Tripadvisor or Google Maps about restaurants or hotels, without thinking that in Thailand this is defamation, which carries strong fines and jail terms.

 

 

 

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5 minutes ago, OneMoreFarang said:

Another case like that...

 

Did the Thai lawmakers ever talk about changing this crazy law?

If the guy published incorrect information, then I understand that the restaurant would want compensation - in a private lawsuit.

This shouldn't be a criminal case.

 

And obviously if people publish the truth, then that shouldn't be an issue at all.

 

Did any politician or political party in Thailand ever suggest changing this? 

I think Pita wanted to modify the defamation laws due its misuse in silencing inconvenient opinions. But of course that got manipulatedand exaggerated into an untrue representation of his aims. But we know the real story behind that of course..

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13 minutes ago, ignore it said:

Yep. 

The wife stopped offering a convenient access passage some time ago, but I still have the cost of maintaining the route. 

 

She told me to take my business elsewhere,  but her giving permission kinda takes the fun out of it.

 

Spell check again?

 

' the cost of maintaining the root'

 

there.    fixed

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Posted (edited)
1 hour ago, Sticky Rice Balls said:

Saying FALSE things about any business can lead to this ,,anywhere....see how this works???

 

This fellow misunderstands the meaning of defamation as practiced in Thailand.One might reasonably assume that if an accusation is true, it cannot be defamation.It's a complicated subject but broadly speaking that is the position in most legal jurisdictions.In Thailand however it is not true.An accusation can be defamatory even if it is based on the complete truth.

 

The case  against the BBC's Jonathan Head detailed in this report was eventually dropped, but the saga shows how matters can proceed in Thailand

 

https://www.theguardian.com/world/2017/aug/24/bbc-correspondent-jonathan-head-has-criminal-defamation-suit-dropped-in-thailand

Edited by jayboy
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23 minutes ago, NoDisplayName said:

 

Alleged.

 

And for all we know the alleged 4.9 rating was from 2 years ago.

Not if you read the article properly:

"This led to a conflict between Alexander and the restaurant.

Later, the restaurant experienced a sharp decline in its Google customer review rating, dropping from 4.9 to 3.1. The restaurant attributed this fall to an influx of one-star reviews,"

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1 hour ago, shackleton said:

You would think people coming and living in Thailand 

Would learn or know what they can say or do in Thailand 

Bottom line you are a guest behave like one 

And enjoy what Thailand has to offer 

No doubt others will think differently 

You say "He was a Guest" ? Do you know he was invited by someone ?

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1 hour ago, shackleton said:

You would think people coming and living in Thailand 

Would learn or know what they can say or do in Thailand 

Bottom line you are a guest behave like one 

And enjoy what Thailand has to offer 

No doubt others will think differently 

Guest???????

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1 hour ago, Smokey and the Bandit said:

Quite, love the sarcasm, but sadly in Thailand, if you express your opinion online, even if its true, it can get you in trouble!

Although in this case it seems to be malicious and planned and had nothing to do with the food or service.

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1 hour ago, Frankie baby said:

I suppose they have to prove the review is incorrect before they can proceed.

 

1 hour ago, Frankie baby said:

I suppose they have to prove the review is incorrect before they can proceed.

It is very difficult to have a review removed from google maps.

Google is a double edged sword for a business when your receive vindictive reviews

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1 hour ago, 1happykamper said:

Death penalty. 555

 

That'll teach him to share his opinion 

 

 

There is a huge difference between sharing an honest opinion and being vindictive sharing not only false information but getting others to do the same. 
 

too many idiots these days with access to social  media feel entitled to either get it their way or wedge an online war to inflict damage to a business and sadly evidently just as many idiots who think it’s ok.

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19 minutes ago, FritsSikkink said:

Not if you read the article properly:

"This led to a conflict between Alexander and the restaurant.

Later, the restaurant experienced a sharp decline in its Google customer review rating, dropping from 4.9 to 3.1. The restaurant attributed this fall to an influx of one-star reviews,"

 

That's the claim.  Insufficient detail.  "Later" could simply be the first time the owner checked the rating in years. 

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Posted (edited)
2 minutes ago, NoDisplayName said:

 

That's the claim.  Insufficient detail.  "Later" could simply be the first time the owner checked the rating in years. 

No, later as in after the conflict with this guy. This is stated in the OP.

Edited by FritsSikkink
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2 minutes ago, FritsSikkink said:

No, later as in after the conflict with this guy. This is stated in the OP.

Yes, that's the claim alleged by the owner, as translated from an AI generated article.

 

Unless there are some dates presented, it could simply mean "we had a misunderstanding, and after that I checked my score and found......" with no knowledge of what the score was before the incident.

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58 minutes ago, ExpatOilWorker said:

What is the name of the restaurant, asking for a friend?

Trying to find out, it's somewhere in Sakhu..

 

Let me know if you find it (friend also looking)

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Posted (edited)
2 hours ago, 1happykamper said:

 

 

That'll teach him to share his opinion 

 

 

It seems it wasn't just a matter of personal opinion; he actually encouraged others to give the establishment one-star ratings. This is where I see the value of defamation laws, as they help protect businesses from false accusations and vindictive actions. As a business owner, I would want the ability to shield my enterprise from such malicious behavior too. 

I know most people will not agree with me, so go ahead and leave confused or laughing emojis if you feel like it!

Edited by Kaopad999
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2 hours ago, shackleton said:

You would think people coming and living in Thailand 

Would learn or know what they can say or do in Thailand 

Bottom line you are a guest behave like one 

And enjoy what Thailand has to offer 

No doubt others will think differently 

Go away with this " you are a guest" crap.... geez

Also, there's no way to know all laws, even Thais don't know they.. time for you to open your eyes... damn

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The internet knows how to handle this ... exactly like they handled the hotel that got a tourist arrested for his review. The Streisand effect is about to hit them like a train, if it hasn't already. Their reviews will be a smoking crater within a week of news getting out. 

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35 minutes ago, NoDisplayName said:

Yes, that's the claim alleged by the owner, as translated from an AI generated article.

 

Unless there are some dates presented, it could simply mean "we had a misunderstanding, and after that I checked my score and found......" with no knowledge of what the score was before the incident.

Just let your imagination run wild to defend the guy.

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26 minutes ago, Kaopad999 said:

It seems it wasn't just a matter of personal opinion; he actually encouraged others to give the establishment one-star ratings. This is where I see the value of defamation laws, as they help protect businesses from false accusations and vindictive actions. As a business owner, I would want the ability to shield my enterprise from such malicious behavior too. 

I know most people will not agree with me, so go ahead and leave confused or laughing emojis if you feel like it!

Actually I agree. Emotions along with being vindictive can make things very bad for that business 

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2 hours ago, Smokey and the Bandit said:

even if you leave a negative review which is true and you have evidence, you can still get in trouble, which is crazy!

Writers are often fined or thrown into jail in Europe for things they have written. In fact, one artist was imprisoned in Sweden because his artwork offended the Swedish government. Bottom-line, if you are going to write something controversial that is going to offend someone, then you are probably better off being in the USA or possibly New Zealand.

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2 hours ago, Smokey and the Bandit said:

even if you leave a negative review which is true and you have evidence, you can still get in trouble, which is crazy!

Writers are often fined or thrown into jail in Europe for things they have written. In fact, one artist was imprisoned in Sweden because his artwork offended the Swedish government. Bottom-line, if you are going to write something controversial that is going to offend someone, then you are probably better off being in the USA or possibly New Zealand.

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This is not about an honest review. This is about a guy trying to bring down a business because the owner restricts access to property or parking space to visitors of his restaurant. This is not to be tolerated, do not blame this to Thai law going after online scam!

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