Warning

[Fabulousheart]

Ok help me understand

Thailand has very strict libel laws and you could find yourself in a lot of trouble if that post is allowed to stand.

Even if all the facts you refer to are all corre ct you can still be taken to court thrown in prison and sued for any harm that person or loss of business that may result as a result of your post.

I had wrote a factual experience about dining out at Momento Beach. So we can not share our experiences on the board? Does this mean all the media can not post anything real or factual either? How does this work in politics?

I truly am trying to grasp the extent of this.

Is there no where to relate real life information about local dining and clubs and shopping etc. or are we only to do rose color glass and post good and ignore the not so good?

On the news I see small petty about foreigner committing a crime but see no information about Thai crime on tourist other then ladyboys steeling chains on walking street and jet ski and motorbike scams on board. But it seems those enterprises of crime continue unabated.

Seriously help me understand the extent of this. How can anything improve if it is basically against the law to accuse someone of something factual?

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[cooked]

It's the computer crimes act, a real piece of oppressive legislation. Andrew Drummond has been through, I think, 13 frivolous cases of civil actions under this act, and had 12 of them dismissed. You might also want to google Andy Hall, who seems to be escaping prosecution since the Attorney General was changed. Even a frivolous accusation can take up an enormous amount of time and funds, but I don't think that anyone can advise you as to where the legal limits lie.

[petercool]

It is probably related to intent. If the sole intention of communicating negative comments (even if it's all true) is to cause damage to the reputation of someone else then those libel laws are more likely to be applied. News reporting can be generally said to have no such intent but one could query some news on its intent.

[Fabulousheart]

Ok so saying a restaurant does not honor there web site promo and sent out raw beef is a fact but can be libel. I even eaten at this restaurant many times and enjoyed in the past and wrote praise before and now just wanted to update major changes in quality. It is very confusing.

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[petercool]

A complaint direct to the management is more in line with what I would do. That is not libel as no one else sees or hears it. It is the third party part that affects these laws.

[Fabulousheart]

I tried to send email to management through web site and the email no longer works. There was only Thai staff there for lunch. But I d get now what you are saying

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[Asiantravel]

OP if your purpose is simply to warn other people I wouldn't bother because the law relating to all this is so nebulous and I don't think it's worth taking the risk.

A few years ago I made a legitimate complaint to a manufacturer regarding their agent here in Thailand. There was nothing fabricated and it was all based on facts but the agent then turned around and threatened to sue me for defamation. They didn't in the end, but it was a warning.

My personal policy now is to only deal with these kinds of matters by lodging a formal complaint with the OCPB because firstly I am very impressed with the way this government body conducts itself (based on previous experience of dealing with them) and secondly I can't see how I can be sued for anything I say if it is all done through a government agency whose purpose is specifically to deal with this kind of matter.

http://www.ocpb.go.th/ewtadmin/ewt/ocpb_eng/ewt_news.php?nid=10

Edited July 3, 2014 by Asiantravel

[Fabulousheart]

What is OCPB and where is it?

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[LennyW]

What is OCPB and where is it?

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Click on the link provided in the post above yours.

[Fabulousheart]

Does it still exist even though constitution was nullified?

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[Rimmer]

Thailand has very strict libel laws. If a third party believes he has lost business/revenue/profits because of something posted on this website, irrespective of what that party may or may not have done, Thai law provides an avenue for that party to sue this website

Defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.

The website owner is responsible for all content on his site in Thailand and posting information willfully intended to injure the reputation, causing economic damage or defaming a person in Thailand is a criminal offense punishable by two to five years in prison and a steep fine. In Addition, the defamed party can initiate a civil action to recoup any loss of income caused by the false and defaming statements.

By way of additional information ... The law goes further than just affecting Thaivisa. If an aggrieved party presses the matter, YOU as a member will be the one taken to court for defamation. And YOU will be the one needing legal representation and YOU will be the one having to face the consequences of your posts. Thaivisa will be required by court order to provide your account information, including IP addresses, to enable the aggrieved party's lawyers to serve court papers on YOU.

The topic is now closed

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