Thailand charges reporters over Pulitzer-winning article

[webfact]

Thailand charges reporters over Pulitzer-winning article

BANGKOK, April 17, 2014 (AFP) - Two journalists, including an Australian editor, were ordered Thursday to stand trial in Thailand on defamation charges linked to a Pulitzer Prize-winning article alleging Thai military involvement in people smuggling.

Alan Morison and his Thai colleague Chutima Sidasathian could face up to two years' imprisonment for defamation and five years for breaching the Computer Crimes Act if the court in Phuket finds them guilty.

The charges relate to an article in July last year by the Phuketwan news website, quoting an investigation by Reuters news agency which said some members of the Thai military were involved in trafficking Muslim Rohingya asylum-seekers who had fled Myanmar.

"The court agreed to hear both charges against them," their lawyer Phanom Butakhieo told AFP.

They were released on bail of 100,000 baht ($3,100) each, while Morison was banned from leaving the country, he said, adding that they will return to court on May 26.

"I'm shocked that they are proceeding with the case... it's a big blow," Chutima added after the hearing.

Reuters has not been charged over its reporting -- part of a series honoured with a Pulitzer Prize earlier this week -- and rights groups have accused the Thai navy of trying to muzzle a small media outlet.

"The trial of these two journalists is unjustified and constitutes a dark stain on Thailand's record for respecting media freedom," said Brad Adams, Asia director at New York-based Human Rights Watch.

Media watchdog Reporters Without Borders described the case as "absurd".

"By using the Computer Crimes Act to intimidate journalists, the navy is just making it obvious that it wants to conceal this sensitive information and deter any comments on this humanitarian scandal," said the group's Asia-Pacific head Benjamin Ismail.

Phuketwan is a small but respected English-language news website based in Phuket.

Chutima, who has covered the Rohingya issue in southern Thailand for several years, was also hired by Reuters to work on its award-winning investigation.

A spokeswoman for Reuters said the news agency opposes the "use of criminal laws to sanction the press -- large or small, local or international -- for publication of matters in serious public interest, like the Rohingya stories."

The stateless Rohingya are considered by the UN to be one of the world's most persecuted minorities.

Buddhist-Muslim clashes in 2012 in Myanmar's western state of Rakhine triggered an exodus of Rohingya asylum-seekers by boat.

Rights groups have raised concern about alleged cases of boats being pushed back out to sea after entering Thai waters, as well as the detention of Rohingya by Thailand for illegal entry.

Thailand ranked 130th out of 180 countries in the 2014 Reporters Without Borders press freedom index.

In December the United Nations urged Thailand to drop the charges against the Phuketwan pair, warning of a "chilling effect" on press freedom.


-- (c) Copyright AFP 2014-04-17

[Costas2008]

Bad move for Thailand, they haven't thought of the consequences of such move.

The foreign media will rip them apart.

[clockman]

Wait till the Saudi, finish with them! They are making big mistakes. They are small fish. In a big pond!

[dcutman]

Bad move for Thailand, they haven't thought of the consequences of such move.

The foreign media will rip them apart.

The ripping has already started, and they are playing hardball. http://uk.reuters.com/article/2014/04/10/uk-thailand-rohingya-specialreport-idUKBREA3922N20140410

[Mentors]

The time is running out for the old guards and the Yellow Whistle Mob.

They can try what they want, time is running out anyway.

[Kimagure]

Bad move for Thailand, they haven't thought of the consequences of such move.

The foreign media will rip them apart.

Then they will probably file defamation/slander charges against the foreign media, too.

[ChrisY1]

A very sad day for freedom of speech in Thailand............charging journalists for something copied from a major news agency.......not going after the originator...they're too big, too much "power"......a sick society indeed!

The RTN, in proceeding with this case is going to cause irreparable damage to Thailands' media outlets...Thai news agencies will be so scared if the RTN succeeds.....but, if Reuters have the tenacity to stand by their report and testify, it may ease the tensions, but more to the point, disclose what is really happening out there with human trafficking.

However, this case involves the Thai Navy......they are very serious in keeping their "standard" high. They have limitless resources to prolong a trial should it need......the Defence Minister is strangely powerless in this situation.....and, more to the point, would have no idea what's involved or the what the outcomes may exhibit.

I think the RTN must be shi**ing now......if they're not, then maybe they should be!!....hopefully !

[Pib]

Bad move for Thailand, they haven't thought of the consequences of such move.

The foreign media will rip them apart.

Thailand don't care...saving face is 10 times more important in Thailand.

[thailiketoo]

Bad move for Thailand, they haven't thought of the consequences of such move.

The foreign media will rip them apart.

Thailand don't care...saving face is 10 times more important in Thailand.

I can't imagine someone in power (if there is anyone in power) would not notice that it is normally a persons right to criticize both well known government actions and actions by the media. When a media report is biased it is the right and duty of the citizenry to correct it and the same with a government that is widely known to be out of line with the rule of law. When a country does not allow debate of an issue or policy or media it shows weakness not power. It does not save face it shows the lack of courage. Some countries have laws governing defamation that are not determined by truth and other spineless countries put the burden of proof on the defendant instead of the plaintiff. To really gain face one should be able to prove what the other party did is wrong and that should be the crux of truth and justice.

[seabass69]

Just when I thought a third world country couldn't go backwards any further

[surangw]

"Reuters has not been charged over its reporting " reuters lawyers already wet themselves laffing so hard over the prospect of this

[JohnThailandJohn]

The article in question was not a Pulitzer-winning article and the only thing closely related is the writer lifted one paragraph from the Reuters article. Reuters response to this has been to say their article was fair and balanced (include responses from Thai Police, Navy and they have not been accused of libel. The Reuters Article (award winning) can be found at http://www.reuters.com/article/2013/07/17/us-myanmar-exodus-specialreport-idUSBRE96G02520130717

[englishoak]

The more stupid and tighter the fist on free speech becomes the more will slip through the old guards fingers.....

[Thai at Heart]

How can they prove damage?

If no damage, no foul....

Problem really is, and I have seen this in a few court cases in Thailand , the simple concepts of right and wrong like this escape the lawyers, judges and all the rest.

Defamation can only happen if you can substantiate damage. How does the navy substantiate any damage ?

Did they lose business? Did their reputation PROVABLY go down? One could argue that a coup or this case causes damage to the reputation of the armed forces.,

Can a Thai sue the commanders for defaming their own organisation? If not, why not?

Edited April 17, 2014 by Thai at Heart

[JohnThailandJohn]

How can they prove damage?

If no damage, no foul....

Problem really is, and I have seen this in a few court cases in Thailand , the simple concepts of right and wrong like this escape the lawyers, judges and all the rest.

Defamation can only happen if you can substantiate damage. How does the navy substantiate any damage ?

Did they lose business? Did their reputation PROVABLY go down? One could argue that a coup or this case causes damage to the reputation of the armed forces.,

Can a Thai sue the commanders for defaming their own organisation? If not, why not?

You make an excellent point in terms of damages but this is a criminal case and not civil. Criminal defamation according to Thai law has to do with knowingly stating something false that "likely" will damage another's reputation or cause scorn against them from others.

Unlike many people state, the person accused is not guilty if what they said or wrote is true unless they are talking about something personal that is not in public interest to disclose. In other words, the only time the law would apply if somebody was writing or speaking the truth is if they were talking about personal issues (like what somebody does in the bedroom) the information serves no purpose to the public.

So, if they can prove the Navy was involved then they "should" be found not guilty. The burden does fall on the accused to prove truth and not for the victim to prove they are not guilty of what was said against them.

If they are charged on the computer crimes acts of libel then not sure if the rules are different.

[Thai at Heart]

How can they prove damage?

If no damage, no foul....

Problem really is, and I have seen this in a few court cases in Thailand , the simple concepts of right and wrong like this escape the lawyers, judges and all the rest.

Defamation can only happen if you can substantiate damage. How does the navy substantiate any damage ?

Did they lose business? Did their reputation PROVABLY go down? One could argue that a coup or this case causes damage to the reputation of the armed forces.,

Can a Thai sue the commanders for defaming their own organisation? If not, why not?

You make an excellent point in terms of damages but this is a criminal case and not civil. Criminal defamation according to Thai law has to do with knowingly stating something false that "likely" will damage another's reputation or cause scorn against them from others.

Unlike many people state, the person accused is not guilty if what they said or wrote is true unless they are talking about something personal that is not in public interest to disclose. In other words, the only time the law would apply if somebody was writing or speaking the truth is if they were talking about personal issues (like what somebody does in the bedroom) the information serves no purpose to the public.

So, if they can prove the Navy was involved then they "should" be found not guilty. The burden does fall on the accused to prove truth and not for the victim to prove they are not guilty of what was said against them.

If they are charged on the computer crimes acts of libel then not sure if the rules are different.

OK, they have to prove falsehood. And prove scorn.

If I say all somchais are dumb and have big noses should I be worried? I think the judges should survey the public walking in front of the court to prove damage.

Someone should also sue the navy for damaging itself through this case.

Edited April 17, 2014 by Thai at Heart

[SheungWan]

Sure, and Thaksin is Che Guevara.

[webfact]

Navy Lawsuit: Journalists Released on Bail
By Khaosod English


Chutima Sidsathian and Alan Morison speak to the press after their bail release has been granted, 17 April 2014.

PHUKET: -- The two journalists charged with defaming the Royal Thai Navy in a news article were released on bail today after being detained in holding cells with other accused persons—including a murder suspect—for five hours.

Alan Morison and Chutima Sidsathian, from the news website Phuketwan, were charged with defaming the Thai navy after publishing an online news article last July that included an excerpt from a Reuters report alleging the navy’s involvement in the trafficking of Muslim Rohingya from Myanmar.

If found guilty, Mr. Morrison and Ms. Chutima could face up to two years in prison for the defamation charges plus five years for violating the Computer Crimes Act.

Today Mr. Morison and Ms. Chutima appeared before the Phuket Criminal Court for the first time to hear their charges. They were later held separately for five hours with other suspects in the court’s holding cells while officials processed their bail release.

Mr. Morison said he was detained with 90 other men—21 of them with shackles around their ankles—while Ms. Chutima shared the cell with nine other women.

Mr. Morison also told Khaosod English that while he was detained in the holding cell, he sat next to Mr. Stein Havard Dokset, aka the "Body Bin Killer," who has been accused of murdering his girlfriend in Phuket province.

"We had an interesting conversation for several hours," Mr. Morison recalled.

Mr. Morison and Ms. Chutima were eventually released on bails of 100,000 baht each. The bail money was provided by a supporting group in Phuket, Mr. Morison added.

The court hearing comes several days after two Reuters reporters were awarded a Pulitzer Prize for their year-long coverage of the plight of the Rohingya, a Muslim ethnic minority in Myanmar that has been the victim of numerous human rights offenses both at home and abroad.

Although the paragraph in question was originally written by Reuters journalists, only Mr. Morison and Ms. Chutima, who published the excerpt on the online news website Phuketwan, have been charged.

“The Royal Thai Navy has chosen to use these very iniquitous laws to prosecute a very small news outlet that happens to have covered the Rohingya issue consistently for many years,” Mr. Morison told Khaosod English. “The more I think about it the more I think the objective is to shut down Phuketwan.”

The lawsuit has been condemned by numerous human rights and press freedom groups, including Human Rights Watch and Reporters Without Borders.

“This is a tragedy to Thailand, a tragedy to the Royal Thai Navy, and a tragedy to Phuketwan,” said Mr. Morrison. “But at least it highlights the issues of media freedom and the appaling treatment of the Rohingya.”

Mr. Morison and Ms. Chutima are due to appear in court again on May 26.

Source: http://en.khaosod.co.th/detail.php?newsid=1397741831&typecate=06&section=


-- Khaosod English 2014-04-18

[webfact]

Navy lawsuit 'case study in press freedom'
SALINEE PRAP
THE NATION



Phuketwan pair sued for defamation

PHUKET: -- Chutima Sidasathian, a reporter working for Phuket-based news website Phuketwan, says the alleged defamation case brought against her and her Australian editor by the Royal Thai Navy will become a case study in the state of press freedoms in the Kingdom.

Chutima was speaking before she and Alan Morison were presented before the Phuket Provincial Court yesterday charged with defamation in accordance with the Computer-related Crime Act 2007.

They were both granted bail.

Chutima said the lawsuit misused a law that was intended to prosecute computer crime.

The two journalists were hit with the lawsuit for advertising and publishing what the Navy claimed was a false statement.

The lawsuit, filed in December in accordance with Article 14(1) of the Act, stemmed from the website's decision last July to publish Reuters' Pulitzer-winning special report on the smuggling of Rohingya refugees from Myanmar. The report implicated Thai authorities in the smuggling network. Chutima and Morison face up to five years in jail and a fine of Bt100,000. They face another two years in prison for criminal defamation.

Bail was requested by the Andaman Community Rights and Legal Aid Centre, which placed Government Savings Bank lottery tickets worth Bt200,000 as security.

Many Phuket-based journalists went to give Chutima and Morison moral support, as well as to cover the story.

Human Rights Lawyers' Association co-ordinator Phanom Bukhiew said the association had come to the aid of the journalists by providing them with legal representation, partly because it hoped to set a precedent for press freedom in Thailand.

'Law misused'

He said the Computer Crime Act was meant to prevent electronic-information theft and had nothing to do with the publication of information useful to the public.

A number of human-rights groups, including the UN High Commissioner for Human Rights and the Southeast Asian Press Alliance, have issued statements expressing concern over Thailand's press freedom and called for the case to be dropped.

On Wednesday, Reporters Without Borders reiterated its call for the withdrawal of proceedings against Chutima and Morison.

Benjamin Ismal, the head of Reporters Without Borders Asia-Pacific, said: "This case highlights the urgent need for reform of the Computer Crimes Act, which is responsible for frequent violations of freedom of information by the authorities. It is also essential that the international media operating in Thailand should give this trial coverage despite government pressure to ignore it."

Phuketwan said Chutima would discuss the matter in detail before an audience in Melbourne on April 29.


-- The Nation 2014-04-18

[chooka]

Bad move for Thailand, they haven't thought of the consequences of such move.

The foreign media will rip them apart.

All ready started in Australia where Thailand is being heavily condemned. Listened to the interview yesterday between Morison and live radio (Neil Mitchell) got a huge response from callers condemning Thailand. Personally I think this action is doing considerably more damage to Thailand than a local community newspaper who only reprinted someone else's article.

If Thailand had of kept their mouths shut the vast majority of the world would never of heard of this.

[chooka]

Bad move for Thailand, they haven't thought of the consequences of such move.

The foreign media will rip them apart.

Thailand don't care...saving face is 10 times more important in Thailand.

What they don't realise is that by trying to save face with this stupid lawsuit they have just hit themselves in the face with the back of a shovel.

[A1Str8]

Bad move for Thailand, they haven't thought of the consequences of such move.

The foreign media will rip them apart.

When was the last time they made a wise move?

Sent from my GT-I9500 using Thaivisa Connect Thailand mobile app

[A1Str8]

Bad move for Thailand, they haven't thought of the consequences of such move.

The foreign media will rip them apart.

All ready started in Australia where Thailand is being heavily condemned. Listened to the interview yesterday between Morison and live radio (Neil Mitchell) got a huge response from callers condemning Thailand. Personally I think this action is doing considerably more damage to Thailand than a local community newspaper who only reprinted someone else's article.

If Thailand had of kept their mouths shut the vast majority of the world would never of heard of this.

Exactly. But they can never shut up as the urge is always there to try to save face. Like a dumb kid that just puts himself into more trouble by simply being himself.

Sent from my GT-I9500 using Thaivisa Connect Thailand mobile app

Edited April 18, 2014 by A1Str8

[A1Str8]

It's like the previous incident when they sued the Fox news reporter for calling Thailand lame. Every time someone hits a weak spot and says the truth these people mess their pants and make matters even worse. 555 narak

Sent from my GT-I9500 using Thaivisa Connect Thailand mobile app

[Mentors]

Very interesting month ahead for Thailand.

[Jip99]

Bad move for Thailand, they haven't thought of the consequences of such move.

The foreign media will rip them apart.

Thailand don't care...saving face is 10 times more important in Thailand.

I can't imagine someone in power (if there is anyone in power) would not notice that it is normally a persons right to criticize both well known government actions and actions by the media. When a media report is biased it is the right and duty of the citizenry to correct it and the same with a government that is widely known to be out of line with the rule of law. When a country does not allow debate of an issue or policy or media it shows weakness not power. It does not save face it shows the lack of courage. Some countries have laws governing defamation that are not determined by truth and other spineless countries put the burden of proof on the defendant instead of the plaintiff. To really gain face one should be able to prove what the other party did is wrong and that should be the crux of truth and justice.

I agree 100% but I am not sure Thailand is able to view such actions with the same set of values that you have applied.

[binjalin]

another sad, censorial day... we don't like what you say so we stop you, we don't like what you vote so we'll stop you... all the same

[selftaopath]

Bad move for Thailand, they haven't thought of the consequences of such move.

The foreign media will rip them apart.

I hope so. The more the world views how Thailand REALLY is the better the chances that progress toward modernization will persist - perhaps.

[Yunla]

The only important issue here is the human-trafficking.

All sides of the political sphere and the media world, should unite against this barbaric slavery, the harm it inflicts on adults and children, and the threat it poses to civilisation itself. Squabbling over trifling matters such as newspaper articles, is just wasted energy that would be far more usefully put to enforcing harsh zero-tolerance actions against human-trafficking. If you are not completely against human-trafficking, then you are in the wrong - full stop. Anything else is just bubble-blowing and fancy displays.

[HerIndoors]

Although this disgusts me I am neither surprised nor hopeful that anything will be done to serve justice. When an old, poor, illiterate man (uncle sms) can be sent to die in gaol and nothing comes of it, I hold out no real hope for these two journalists, lets hope I am wrong. On TV expats moan and groan and point the finger at both colours as to how corrupt the other is etc.,etc but this case brings into clear focus the problem at the heart of Thai society, face, coverup, intimidation; anything to avoid taking responsibility.

My hope is that there is such a universal outrage that the charges are dropped.... but I am not holding my breath. These muppets must have studied 'Arrogant Stupidity 101' ... and graduated with honours.

Thailand you are becoming more and more of a joke with each passing year.