So defamation is a criminal offence in Thailand?  If convicted by the Criminal Courts a prison sentence, a hefty fine( or both)and ordered to pay the restaurant compensation for their allegedly damaged reputation?

Surely it should be a civil matter?

Thailand can be a scary place because of its laws. Best keep your trap firmly shut until out of the country and know you won't be returning. Never publicly complain.

Next thing we'll learn is that he is on overstay and detained until deported.

2 hours ago, wensiensheng said:

“Despite benefiting from the restaurant offering a convenient access passage, Alexander was asked to stop using it …”

 

in what universe does this make sense? If he was asked to stop using it, how could he benefit?

 

sometimes it just pointless to read any news article posted here. There are so many contradictory statements, none can be trusted. SMH.

Exactly ! Why couldn’t Alex access his condo ? Did he have to go through the restaurant , which sounds crazy? Was there another option to enter his condo ? 

3 hours ago, ryandb said:

if a provable loss of income from false reviews then a civil case would be fine

Not required under Thai laws. "Perception" of loss or damage to reputation is all that's required. 

It is the heinous defamation laws, and the willingness of the authorities to use them, at this time, that calls into question the horrible judgment of this administration.

 

At a time when the tourism industry is complaining income is down, this is just crazy dumb, tone deaf and a further demonstration that they have no idea how to fix this, and these goons are totally in over their heads.

 

The defamation laws were written by sold out cowards, to protect rotten players from reprisals, due to bad service, faulty products and bad business. They have no place in today's world. They represent a heinous over reach of toxic power. 

 

Thailand deserves whatever comes its way as a result of this. Those insane and cowardly defamation laws have been around way too long. They were written and passed by sold out politicians, for men who sell inferior products, offer inferior services, and steal alot of money. And do not intend to be answerable to anyone. Perhaps some of that will change. 

 

For those of us who have been here a awhile, we know that positive change only happens here through utter embarrassment, humiliation, and a loss of face. It never happens because it is the right thing to do, or due to fairness or equity. So, it must be thrust upon them, such as in this incident. 

 

The lack of vision prevents them from seeing it coming. Egg on the face can be a cure for many diseases and weaknesses. 

 

 

10 minutes ago, Kalasin Jo said:

So defamation is a criminal offence in Thailand? 

It can be both or either. The legislative ministers, government and military tend to bring criminal defamation, while private businesses/individuals tend to bring civil defamation. But when as it appears in this case there is a conspiracy involved in defamation, it is beyond civil and can evoke criminal due process, arrest warrant.

1 hour ago, Ebumbu said:

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. 

 

Yawn. The Koh Chang hotel didn't have a tourist arrested for a review. He brought his own booze in to the restaurant and didn't want to pay corkage and caused a scene when the staff explained the 500 baht charge. Corkage charges are standard globally. The manager explained the policy but he got angry. Eventually the manager agreed to waive the corkage fee to keep the peace as it was disturbing other guests. Sounds quite entitled.

He then went on to post a series of fake bad reviews of the resort on many sites, included accusing them of modern day slavery. The hotel contacted him and asked him to take them down but he refused. They asked him several times but he refused and doubled down and kept posting over several weeks. The hotel then made an complaint and the law followed its course. That idiot actually lived in Thailand so he really should have known better.

I wish people would stop peddling this nonsense that you get arrested for leaving a review.

 

4 hours ago, Steven Pattaya said:

but don't arrest people for attempted murder/using their cars to intentionally run down pedestrians.

When did that attempted murder happen and where was it reported?

4 hours ago, Dont confuse me said:

Sounds like Alexander got a few mates to post a load if one star reviews fair play to him. 

...who had never been there and were not in a position to rate the restautant is what it appears to be.

Lots of businesses suffer from false reviews ! It’s nasty, disgusting and illegal.  I’ve seen people kicking off because they found the bill expensive  ( it was, it was excellent and the prices were printed on the menu outside and in ).  Another made a huge fuss because the coconut water in his coconut wasn’t cold enough. The best one was a man who was refused take aways in a restaurant that doesn’t cater to this. A  hissy fit , practically in tears because his little girl wouldn’t have her meal  , as he left he threatened to give them very bad publicity, which he did the next day and for a few weeks after, accusing even racism. All the customers booed him as he left , which probably angered him more . 

Left a negative online review of a restaurant, ok. Getting your friends to post multiple negative online reviews just because of your issue with the restaurant owner, not ok.

1 hour ago, josephbloggs said:

 

Yawn. The Koh Chang hotel didn't have a tourist arrested for a review. He brought his own booze in to the restaurant and didn't want to pay corkage and caused a scene when the staff explained the 500 baht charge. Corkage charges are standard globally. The manager explained the policy but he got angry. Eventually the manager agreed to waive the corkage fee to keep the peace as it was disturbing other guests. Sounds quite entitled.

He then went on to post a series of fake bad reviews of the resort on many sites, included accusing them of modern day slavery. The hotel contacted him and asked him to take them down but he refused. They asked him several times but he refused and doubled down and kept posting over several weeks. The hotel then made an complaint and the law followed its course. That idiot actually lived in Thailand so he really should have known better.

I wish people would stop peddling this nonsense that you get arrested for leaving a review.

 

 

The hotel guy did get arrested for leaving a review. That's literally what he was charged with, defamation. I don't dispute that he was belligerent. Arrest him for belligerence then. But any business is going to get some disruptive customers and unfair reviews. It's the nature of Google and Yelp. There is no way that it's justified to put someone in jail who shared their opinion, whether they're right or wrong. Same goes for this case. A bad review cannot be a crime in anything resembling a free society. It's a backwards, North-Korea style practice that needs to be amended. 

At the end of the day, sending the cops to get this hotel guy did far damage than anything he could have written. After the incident, the hotel was buried with angry, negative reviews. What did they accomplish? Self sabotage. Opinions, even if wrong, should no be crimes. 

As it shows again. Thailand has no clue what they are doing with the tourist industry.. They announced that they don't want negative news as could harm the tourist industry. But lookwhat they are doing.. The man wrote a negative review of 1 restaurant in Phuket, but by arresting him it will have a negative influence for the whole country, as people now maybe don't decide to come to Thailand as for a negative review you can be arrested.... Good job Thailand, break everything down before you built it up. Make small things too big... Why not an arrest for the eggs sold for 70 THB a few weeks back

5 hours 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!

Similar to the "Hate Speech" laws springing up in several western countries. The moral of this story is to wait until after you leave the country before you start posting complaints about it online.

5 hours ago, dougieboy said:

I think, if you visit a restaurant and the food and service is of poor quality then you should have every right to leave honest reviews without fear of prosecution. 
However, if you leave poor reviews about a restaurant simply because you’re upset that they’ve revoked your right to use their right of way then I’m sorry you deserve everything that’s coming your way.

You should’ve just sucked it up

How could they ever prove that it wasn’t his honest opinion?? 

What happens if a resturant owner gets his friends to post glowing reveiws. To up his google ratings ?

can he be arrested for false reveiws. Just a thought. and Im sure it must happen.

 

Well if he got his mates to write poor reviews he and especially his mates are guilty. His feeling were hurt. Regardless, you can’t mess with people’s livelihood just because of your ego. 

Just yesterday I prepared to post a review on the GRAB App after I received a horrible pizza from a local restaurant. Just before sending it off, at the bottom of the page was a disclaimer saying that my name and details would be provided along with the review. Who in the world is dumb enough to provide a review in Thailand under those terms and conditions. Surely, this sort of thing discourages any reviews at all, so the function serves no purpose whatsoever. Reviews such as these should be anonymous. 

21 year old Alexander should have been here to enjoy himself. Plenty of girls and booze for him to have the time of his life. What is he doing wasting his time giving reviews, for whatever reason.

5 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 

you forgot to add that if you do not enjoy it or find problems that are seen or experienced. Do not comment on them. lest you will end up in jail or paying a large fine to someone who can not take criticism. Have fun and if not bite your lip and leave quietly hmm...

5 hours ago, Sticky Rice Balls said:

great posting gents

 

now let get to to the FACTS....a rare thing theser days on this site

 

the POST say he seemingly left many FALSE statements about the business....yes that IS defamation...

 

TRUE statements would NOT be...see how that works. as i have left BAD reviews here in LOS based on BAD service aka truth

 

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

 

but do go on about freedom of speech etc,,,you must be the one making jokes about bombs on planes.....smh

 

whats your grievance today ????

Yes but...true or not is irrelevant, here. If it damages reputation, it is found guilty. aka loss of face.

He deserves this for being nasty.

 

52 minutes ago, kidneyw said:

21 year old Alexander should have been here to enjoy himself. Plenty of girls and booze for him to have the time of his life. What is he doing wasting his time giving reviews, for whatever reason.

 

It seems he had a dissagrement with the owner of a restaurant through which there was access to his accommodation. 

 

I'm guessing the owner of the Italian restaurant was being somewhat of a d!<k and the 21 year old decided to pool his mates together and take revenge with negative views.

 

 

Getting to accommodation through a restaurant seems to be an extremely odd set up as well. 

 

 

 

 

 

since when does a road belong to a private restaurant ?

So, he was using the restaurant as a shortcut to his abode? and they asked him to stop cutting through. He took offence to it and decided to slag them off and got his mates to do the same. and when it came on top he did a runner. Sounds as if it is going to cost him a few baht to get that sorted, and he deserves it. He will have to sort the travel cost of the police for a start, and will no doubt have his visa revoked,

23 minutes ago, john donson said:

since when does a road belong to a private restaurant ?

 

Any link / info to where this is ?... 

 

Its difficult to picture a restaurant being a thoroughfare to some 'accommodation'... 

good,  cant stand weasels that sit behind their keyboards gobbing off, rather than deal with issues directly, face to face 

This country is an absolute farce.

 

Btw, I've eaten in that Italian fellas restaurant before and it was sh!te...

 

bob.

3 hours ago, Ebumbu said:

 

The hotel guy did get arrested for leaving a review. That's literally what he was charged with, defamation. I don't dispute that he was belligerent. Arrest him for belligerence then. But any business is going to get some disruptive customers and unfair reviews. It's the nature of Google and Yelp. There is no way that it's justified to put someone in jail who shared their opinion, whether they're right or wrong. Same goes for this case. A bad review cannot be a crime in anything resembling a free society. It's a backwards, North-Korea style practice that needs to be amended. 

At the end of the day, sending the cops to get this hotel guy did far damage than anything he could have written. After the incident, the hotel was buried with angry, negative reviews. What did they accomplish? Self sabotage. Opinions, even if wrong, should no be crimes. 

I agree with you that it shouldn't be a criminal offence, it should be a civil matter, but those are the laws currently.

I disagree with the rest of your post. It wasn't "a bad review". It was a multitude of them full of lies, accusing the hotel of modern day slavery - seriously which business would or should take that lying down? They also got in touch to ask him to take the comments down and that would have been the ned of the matter, but he refused and continued posting his lies. That is slander in any country. Filing for defamation was a last resort, even the hotel said this and didn't agree with the severity of the punishment, but they had to protect their business, and rightly so.

I said in another post that I have left a bad review of that very same hotel on TripAdvisor. Did they sue me? No, the manager replied publicly to say he was sorry and he would look into what happened and make improvements. I didn't bombard review sites with lies and I didn't accuse them of slavery. See the difference?

15 minutes ago, bob smith said:

This country is an absolute farce.

 

Btw, I've eaten in that Italian fellas restaurant before and it was sh!te...

 

bob.

Where is it then?

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