Libel Laws Clarification

[dave111223]

I've read that there are very strict libel laws in Thailand and you can get thrown in jail just for saying something like "company XYZ is bad"...?

Would the following action be illegal? Wearing a T-Shirt saying "My Printer Sucks", walking around in the mall carrying a printer, near to the store which sold me the printer (the official store for the brand name)?

Edited September 11, 2012 by dave111223

[soi41]

Get yourself a life! If the 2000 baht you paid for the printer means so much to you, mail me your accountnumber, and I will send you the money. What we don't need is another farang making a fool of himself!

[dave111223]

Get yourself a life! If the 2000 baht you paid for the printer means so much to you, mail me your accountnumber, and I will send you the money. What we don't need is another farang making a fool of himself!

Printer cost 22,000 (I'll sell it to you for 10K?)

I'd really like to just take a baseball bat and smash the printer up right in front of their shop...but I'm guessing this would probably get me kicked out or arrested?

Edited September 11, 2012 by dave111223

[Tywais]

I'd really like to just take a baseball bat and smash the printer up right in front of their shop...but I'm guessing this would probably get me kicked out or arrested?

Only if you impersonate a police officer.

Some reading material here:

http://kellywarnerlaw.com/thailand-defamation-laws/

http://www.thailawonline.com/en/others/civil-liability.html

http://www.thailandlaw.org/defamation-in-thailand/

[soi41]

Get yourself a life! If the 2000 baht you paid for the printer means so much to you, mail me your accountnumber, and I will send you the money. What we don't need is another farang making a fool of himself!

Printer cost 22,000 (I'll sell it to you for 10K?)

I'd really like to just take a baseball bat and smash the printer up right in front of their shop...but I'm guessing this would probably get me kicked out or arrested?

Sorry. Try the Consumer Protection Boards hotline. 1166 Open 24 hours

[soundman]

Can't seem to find a link, however, I'm sure you will recall the girl a few years ago who had problems with her Honda Jazz?? smashing it up with a pipe on live television. Find the outcome of that, and you may answer your own question.

[Morakot]

Wearing a T-Shirt saying "My Printer Sucks", walking around in the mall carrying a printer

Not so much a question of libel, but possibly more a trade descriptions issue.

You might get into trouble for advertising a feature which the product might not be capable of delivering.

Edited September 11, 2012 by Morakot

[mogandave]

Does the printer suck or does the shop that sold it suck? If you are unhappy with the printer you selected, why blame the people that sold it to you? How is it their fault you don't like it?

[dave111223]

Sorry. Try the Consumer Protection Boards hotline. 1166 Open 24 hours

Thanks I will get the mrs to call this first before I do my t-shirt protest.

Does the printer suck or does the shop that sold it suck? If you are unhappy with the printer you selected, why blame the people that sold it to you? How is it their fault you don't like it?

It's my fault for buying a sh*tass broken product? Hmm...ok. Note to self, don't buy broke stuff in the future...

[dave111223]

Some reading material here:

http://kellywarnerla...efamation-laws/

http://www.thailawon...-liability.html

http://www.thailandl...on-in-thailand/

Criminal Defamation

Defamation as a criminal act in Thailand is defined by the Thai Criminal Code as a statement made by a person who imputes anything to another in a manner which is likely to impair the reputation of the latter or to expose him to hatred or contempt. Under the same Code, such person is liable for an imprisonment up to two years or he can be ordered by the court to pay a fine of 200,000 Baht or may be both.

Doesn't that seem to cover just about anything? Example I say to my friend "I think ABC Pizzas taste bad"..I could go to jail for 2 years? Are things really that strict here?

[Tywais]

Doesn't that seem to cover just about anything? Example I say to my friend "I think ABC Pizzas taste bad"..I could go to jail for 2 years? Are things really that strict here?

Actually this one is more pertinent to the OP's case. And yes, libel/defamation laws are draconian here.

“Section 423. A person who, contrary to the truth, asserts or circulates as a fact that which injurious to the reputation or the credit of another or his earnings or prosperity in any other manner, shall compensate the other for any damage arising therefrom, even if he does not know of its untruth, provided he ought to know it.”

[Soutpeel]

Doesn't that seem to cover just about anything? Example I say to my friend "I think ABC Pizzas taste bad"..I could go to jail for 2 years? Are things really that strict here?

They can be, you can even get done if you tell the truth this is obviously dependent on how much influence the person has, go an have a look at the number of cases involving politians suing each other....

If you did your purchase in Pattaya, I believe there is a new consumer advocate who maybe able to help you with problematic companies, she is a "police captain" who appears quite willing to put a gun in a business owners face if you have warranty issues...maybe give her a call, but I think her area of specialisation is with new car warranty claims...

Edited September 11, 2012 by Soutpeel

[dave111223]

Actually this one is more pertinent to the OP's case. And yes, libel/defamation laws are draconian here.

“Section 423. A person who, contrary to the truth, asserts or circulates as a fact that which injurious to the reputation or the credit of another or his earnings or prosperity in any other manner, shall compensate the other for any damage arising therefrom, even if he does not know of its untruth, provided he ought to know it.”

I'm not sure that section 423 applies, as that has to be "contrary to the truth"...whereas in this case my printer really does suck (it doesn't print at all). But for "Criminal Defamation" it appears that even if the statement is true and undeniable...it doesn't matter ("If you can't say anything nice, don't say anything at all" seems to actually be the law here?)

Edited September 11, 2012 by dave111223

[loong]

Some reading material here:

http://kellywarnerla...efamation-laws/

http://www.thailawon...-liability.html

http://www.thailandl...on-in-thailand/

Criminal Defamation

Defamation as a criminal act in Thailand is defined by the Thai Criminal Code as a statement made by a person who imputes anything to another in a manner which is likely to impair the reputation of the latter or to expose him to hatred or contempt. Under the same Code, such person is liable for an imprisonment up to two years or he can be ordered by the court to pay a fine of 200,000 Baht or may be both.

Doesn't that seem to cover just about anything? Example I say to my friend "I think ABC Pizzas taste bad"..I could go to jail for 2 years? Are things really that strict here?

It does seem to cover everything !!

If a person gives evidence against a defendant in a criminal trial, could the defendant sue for detamation, even if found guilty?

If a judge pronounces a defendant guilty of rape, for example, could he be sued?

Could a newspaper be sued for reporting the result of a trial?

[RubbaJohnny]

The laws have to be Draconian considering the levels of accountibility speed of service and quality

[dave111223]

It does seem to cover everything !!

If a person gives evidence against a defendant in a criminal trial, could the defendant sue for detamation, even if found guilty?

If a judge pronounces a defendant guilty of rape, for example, could he be sued?

Could a newspaper be sued for reporting the result of a trial?

And not just sued, but put in jail for 2 years and charged 200,000 too!

[Soutpeel]

Actually this one is more pertinent to the OP's case. And yes, libel/defamation laws are draconian here.

“Section 423. A person who, contrary to the truth, asserts or circulates as a fact that which injurious to the reputation or the credit of another or his earnings or prosperity in any other manner, shall compensate the other for any damage arising therefrom, even if he does not know of its untruth, provided he ought to know it.”

I'm not sure that section 423 applies, as that has to be "contrary to the truth"...whereas in this case my printer really does suck (it doesn't print at all). But for "Criminal Defamation" it appears that even if the statement is true and undeniable...it doesn't matter ("If you can't say anything nice, don't say anything at all" seems to actually be the law here?)

Oh Gawd..another bar stool lawyer...the minor problem with your legal opinion is that an the English languge version is not the version they use, the Thai version is the only one that will be looked at and yes they can have you for tell the true as well...

I wouldnt be too worried about the letter of the law anyway, if you walk up and down out side the printer shop slagging the business off..I would be more worried about the shop owner and his buddies coming out and beating the sh*t out of you...

[Tywais]

Could a newspaper be sued for reporting the result of a trial?

Oddly enough, news media have a degree of immunity to the libel/defamation laws.

[dave111223]

I wouldnt be too worried about the letter of the law anyway, if you walk up and down out side the printer shop slagging the business off..I would be more worried about the shop owner and his buddies coming out and beating the sh*t out of you...

I think having the employees of a major international brand beating me up inside a large Bangkok IT mall would probably only serve to further my cause.

[Soutpeel]

I wouldnt be too worried about the letter of the law anyway, if you walk up and down out side the printer shop slagging the business off..I would be more worried about the shop owner and his buddies coming out and beating the sh*t out of you...

I think having the employees of a major international brand beating me up inside a large Bangkok IT mall would probably only serve to further my cause.

Well there is your solution then, if the shop is part of an international chain, complain to the head office outside Thailand then and tell them you are not getting the service.

[arthurwait]

Actually this one is more pertinent to the OP's case. And yes, libel/defamation laws are draconian here.

“Section 423. A person who, contrary to the truth, asserts or circulates as a fact that which injurious to the reputation or the credit of another or his earnings or prosperity in any other manner, shall compensate the other for any damage arising therefrom, even if he does not know of its untruth, provided he ought to know it.”

I'm not sure that section 423 applies, as that has to be "contrary to the truth"...whereas in this case my printer really does suck (it doesn't print at all). But for "Criminal Defamation" it appears that even if the statement is true and undeniable...it doesn't matter ("If you can't say anything nice, don't say anything at all" seems to actually be the law here?)

Oh Gawd..another bar stool lawyer...the minor problem with your legal opinion is that an the English languge version is not the version they use, the Thai version is the only one that will be looked at and yes they can have you for tell the true as well...

I wouldnt be too worried about the letter of the law anyway, if you walk up and down out side the printer shop slagging the business off..I would be more worried about the shop owner and his buddies coming out and beating the sh*t out of you...

You mean they would actually take a break from facebook and ankey birds ?

[Morakot]

Sorry. Try the Consumer Protection Boards hotline. 1166

I wouldnt be too worried about the letter of the law anyway, if you walk up and down out side the printer shop slagging the business off..I would be more worried about the shop owner and his buddies coming out and beating the sh*t out of you...

I am afraid to say these are the only sensible posts in this thread so far.

Although there is nothing wrong with the much respected members presenting learned opinions (always interesting to read), it rather misses the point. The likelihood of someone pressing charges for libel in this hypothetical scenario is as high as the likelihood of charges for loitering with intent, or what not. The most likely legal problem the OP could face is probably something a long the line of grievous bodily harm, with the OP having deployed his printer as a weapon against a security guard or local thug who tried to remove him from the premise.

My advice for the future: do a sufficient amount of research about the product and the retailer. If you can afford try to avoid random hardware mongers in some IT mall; choose a shop that accepts a reputable credit card with purchases protection from a company that will deal on your behalf with stubborn merchants and will reimburse you in case of a genuine problem.

Alternatively, you may open a funny T-shirt shop, become a sponsor in your local forum, and in no time recover your loss from this unfortunate event.

Edited September 11, 2012 by Morakot

[mogandave]

Sorry. Try the Consumer Protection Boards hotline. 1166 Open 24 hours

Thanks I will get the mrs to call this first before I do my t-shirt protest.

Does the printer suck or does the shop that sold it suck? If you are unhappy with the printer you selected, why blame the people that sold it to you? How is it their fault you don't like it?

It's my fault for buying a sh*tass broken product? Hmm...ok. Note to self, don't buy broke stuff in the future...

Hey Dave, why not try to read and comprehend what I actually said? It is interesting that first the printer just sucked and now the story has changes a little such that it's broken.

So was it broken when you bought it or did you break it?

How long after you bought it did you try to take it back?

Did they offer to repair it or are you demanding a new one?