British activist braces for Thai libel trial

BANGKOK, August 31, 2014 (AFP) - A British activist will go on trial in Thailand Tuesday for defamation, facing a possible jail term after his investigation into alleged labour abuses in the kingdom’s food industry.

Andy Hall faces civil and criminal lawsuits submitted by Thai fruit processor Natural Fruit, a major supplier to the European drink market, in response to accusations of forced and child labour, unlawfully low wages and long hours.

Hall, who made the allegations in a report last year for Finnish rights watchdog Finnwatch, is due in court in Bangkok on September 2 on a defamation charge linked to an interview he gave to the Al Jazeera television network about the case.

If convicted in this first trial he could face one year in prison. More serious charges under the computer crime act — which carries up to seven years in jail for each count — are due to be heard later in September.

Hall denounced the charges as “judicial harassment”, saying he wanted his case to raise awareness of the “widespread and systematic” exploitation of migrants in Thailand.

“This abuse extends to many export markets well beyond fishing, seafood and pineapples to poultry, fruit and veg, rubber and even more now retail, food and beverage and tourism,” he said in emailed comments to AFP.

Migrant workers, particularly from Myanmar and Cambodia, help keep major Thai industries from seafood to construction afloat, but they often lack official work permits and are paid below the minimum wage.

Thailand’s junta rulers triggered an exodus of Cambodian workers following the May coup with a threat to arrest and deport illegal labourers, although thousands have since returned.

In the days after the mass departure the junta, formally known as the National Council for Peace and Order (NCPO), stressed the importance of migrant workers to Thailand’s economy and said it will simplify the registration process for an official work permit.

The case against Hall, whose passport has been confiscated by Thailand pending his trial, has triggered international concern.

On Wednesday United Nordic, an alliance of food companies from northern Europe, said the case could further damage the Thai food industry.

“We consider the right way to handle such criticism to be presenting facts and engaging in constructive dialogue with all parties involved,” United Nordic CEO Steinar Halvorsen told AFP.

A Natural Fruit factory in southern Thailand was investigated for a Finnwatch report co-authored by Hall, called “Cheap Has a High Price”, because it produced pineapple concentrate for Finnish supermarkets’ private label products, according to the watchdog.

In a statement Finnwatch called on Thailand, the world’s largest pineapple producer, to change its approach “instead of issuing threats and exploiting workers”.

Natural Fruit is also seeking $10 million through a civil suit.

Earlier this month nearly 100 international and national labour and human rights groups and NGOs sent a joint letter to members of the Thai Pineapple Industry Association calling on them to urge an end to the lawsuits by its member Natural Fruit.

-- (c) Copyright AFP 2014-08-31

The result of this case will profoundly affect the way I think about the present government one way or the other.

Seeking 10 millionB from whom?

How can they, whoever they are, appropriate his passport, when he is not ' convicted' of anything? I think he is a twit to stay here, bur I admire the courage of his convictions. Don't suppose the Democratic Party are losing any sleep over this?

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The result of this case will profoundly affect the way I think about the present government one way or the other.

Perfectly put - are they really wanting to drag Thailand into the modern world or are they just slaves to a wealthy and powerful elite?

Damn shame when you can be arrested, have your passport taken, and then charged in criminal and civil courts for exposing the truth. Amazing Thailand.

Another sad (moronic) day for Thailand . . . grow up please . . . the truth hurts I know, but suck it up . . . face is not everything . . .

The result of this case will profoundly affect the way I think about the present government one way or the other.

The political wing of the government should not and must not have any influence or involvement in the outcome of any particular judicial proceeding. The courts must proceed independently and in accordance with the law.

We should want the present government to radically overhaul current libel and lèse majesté laws with the intent of making freedom of speech paramount, but we should certainly not want them to direct the courts in individual cases.

Something is going to hit the fan, regardless of the way this goes.

The result of this case will profoundly affect the way I think about the present government one way or the other.

The political wing of the government should not and must not have any influence or involvement in the outcome of any particular judicial proceeding. The courts must proceed independently and in accordance with the law.

We should want the present government to radically overhaul current libel and lèse majesté laws with the intent of making freedom of speech paramount, but we should certainly not want them to direct the courts in individual cases.

True. But other cases have been initiated or interfered with, so why not this one?

You can join SumOfUs.org if you want to make your voice heard.This company is part of Dole afaik.and Dole is a big player worldwide .

If a conviction follows it may have a big impact on sales worldwide and i doubt they will like that.

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The result of this case will profoundly affect the way I think about the present government one way or the other.

Perfectly put - are they really wanting to drag Thailand into the modern world or are they just slaves to a wealthy and powerful elite?

I believe you know the answer Snig.... and with a Govnt minister involved.. the farang involved is a nobody - in their belief.

Forget the principles and application of law that migh tbe applied elsewehere.

i would have to suggest it will be much simpler here, if found Guilty it means he was wrong and if Not Guilty he was right and that cannot be the case.

The result of this case will profoundly affect the way I think about the present government one way or the other.

sorry C, but do you really think the current government's main concern is your opinion?

even you're right....

The result of this case will profoundly affect the way I think about the present government one way or the other.

sorry C, but do you really think the current government's main concern is your opinion?

even you're right....

No I don't, why do you ask?

when people/companies use the antiquated thai laws to silence anyone telling the truth about them we really have to wonder, in any other country when you tell the truth you are respected but here if you tell the truth and someone loses face or worse still, money, they take you to court. Until such time that the law backs up the honest people and not just the rich this country can never improve. The courts need to be able to base their decisions on actual facts and the truth, not on how much it cost someone to have the truth about them exposed. Corruption is the reason it is till ongoing and this needs to be stopped, ethics need to be implemented and the guilty parties instigating these trumped up charges made to face the law themselves, this case will show the world what Thailand really stands for, a wrong decision could cause real problems for all thai companies and the country itself.

Doesn't say just when the case was brought to the court but apparently the report is over a year old so the charge could well have been laid before the army took over.

Just what Govt withdrew his passport is also unclear but I don't see how any Govt can withdraw someone's passport in the case of what should be a civil matter, IE a company saying they have been slandered.

However I suppose the company complained to whoever was in Govt at the time that the country name had been blackened and it was taken seriously by some civil servant or politician.

I can think of a host of others on far more serious matters deserving of having their passports taken from them.

Seeking 10 millionB from whom?
How can they, whoever they are, appropriate his passport, when he is not ' convicted' of anything? I think he is a twit to stay here, bur I admire the courage of his convictions. Don't suppose the Democratic Party are losing any sleep over this?

What It has to do with the Dem party I don't know but there is always someone has to be in for a cheap shot.

Another sad (moronic) day for Thailand . . . grow up please . . . the truth hurts I know, but suck it up . . . face is not everything . . .

It is here. They don't want anyone exposing how stupid they are.

There is a DNA glitch here, not plugged in right.

Another sad (moronic) day for Thailand . . . grow up please . . . the truth hurts I know, but suck it up . . . face is not everything . . .

TSK, TSK, TSK!!!! Farang will never understand Thainess.

Face is everything to Thais. To keep it and not to lose it.

Image, not substance is of paramount important to a society ruled by archaic feudal customs.

Just wait until they start floundering when ASEAN is going full blast next year.

They will be crying wolf and demand extra perks and priveliges or else... they will stop breathing and turn blue and, whatever happens to Thailand will be ASEAN fault. There!

They have a long way to go before they grow up.

when people/companies use the antiquated thai laws to silence anyone telling the truth about them we really have to wonder, in any other country when you tell the truth you are respected but here if you tell the truth and someone loses face or worse still, money, they take you to court. Until such time that the law backs up the honest people and not just the rich this country can never improve. The courts need to be able to base their decisions on actual facts and the truth, not on how much it cost someone to have the truth about them exposed. Corruption is the reason it is till ongoing and this needs to be stopped, ethics need to be implemented and the guilty parties instigating these trumped up charges made to face the law themselves, this case will show the world what Thailand really stands for, a wrong decision could cause real problems for all thai companies and the country itself.

.

I wouldn't go so far as to say "any other country" but I know in at least one there's what's called a whistle blower program that even awards those who expose corruption and crime.

Yes, here a whistle blower is punished.

"in any other country when you tell the truth you are respected but here if you tell the truth and someone loses face or worse still, money, they take you to court."

http://www.freshfruitportal.com/2013/08/28/thai-govt-claims-natural-fruit-company-complied-with-labor-laws/?country=thailand

Post and replies to it removed suggesting an illegal activity.

This bloke may do more for Thailand, by making their defamation laws look absurd, than any Thai politician in 70 years.

Does he need a fighting fund?

"Thai fruit processor Natural Fruit Company Limited has sought THB300 million (US$10.2 million) in libel damages from a British human rights lawyer for “broadcasting false statements to public media”."

http://www.freshfruitportal.com/2013/04/03/thai-tropical-fruit-company-launches-suit-against-british-activist/?country=vietnam

Not 10 million Baht.

Nothing changes if nothing changes.

A lot of rhetoric being said at the moment in Thailand, but there is no way I would want to go up against the elites in a court battle. It still remains an old boys network?

I bet the court system could teach the jet ski operators and taxi's a thing or too; but nothing is being said about judicial reform, or more to the point nothing is being done about reform.

This Hall guy has pulled down the pants of the food giant on the world stage, and now he has to pay?

Doesn't say just when the case was brought to the court but apparently the report is over a year old so the charge could well have been laid before the army took over.

Just what Govt withdrew his passport is also unclear but I don't see how any Govt can withdraw someone's passport in the case of what should be a civil matter, IE a company saying they have been slandered.

However I suppose the company complained to whoever was in Govt at the time that the country name had been blackened and it was taken seriously by some civil servant or politician.

I can think of a host of others on far more serious matters deserving of having their passports taken from them.

Seeking 10 millionB from whom?

How can they, whoever they are, appropriate his passport, when he is not ' convicted' of anything? I think he is a twit to stay here, bur I admire the courage of his convictions. Don't suppose the Democratic Party are losing any sleep over this?

What It has to do with the Dem party I don't know but there is always someone has to be in for a cheap shot.

I believe Chalermachai Sri- on ,the former Secretary General of the Democrat Party is either the owner or on the board of Natural Fruit.

Doesn't say just when the case was brought to the court but apparently the report is over a year old so the charge could well have been laid before the army took over.

Just what Govt withdrew his passport is also unclear but I don't see how any Govt can withdraw someone's passport in the case of what should be a civil matter, IE a company saying they have been slandered.

However I suppose the company complained to whoever was in Govt at the time that the country name had been blackened and it was taken seriously by some civil servant or politician.

I can think of a host of others on far more serious matters deserving of having their passports taken from them.

Seeking 10 millionB from whom?

How can they, whoever they are, appropriate his passport, when he is not ' convicted' of anything? I think he is a twit to stay here, bur I admire the courage of his convictions. Don't suppose the Democratic Party are losing any sleep over this?

What It has to do with the Dem party I don't know but there is always someone has to be in for a cheap shot.

I believe Chalermachai Sri- on ,the former Secretary General of the Democrat Party is either the owner or on the board of Natural Fruit.

Careful u don't defame him by pointing out his affiliations.

Damn shame when you can be arrested, have your passport taken, and then charged in criminal and civil courts for exposing the truth. Amazing Thailand.

Yep - but kill a cop when driving boozed and drugged up, exceeding the speed limit, dragging his body along whilst he's still alive, piss off and try to pervert to course of justice - no problem.

You can miss court hearings, keep you passport, travel overseas and stay away until the statute of limitations makes all the charges disappear.

Try and do right - get punished. Do wrong - no problem if you're rich enough.

Welcome to Fantasy Island - Thai style.

Unfortunately, Thailand is not the only country in the world that uses criminal libel and defamation laws to silence critics and political opponents. In fact, Thailand's criminal defamation law is based on UK law. And much to my surprise in researching this matter, there are still 14 States in the US that have criminal defamation laws on the books.

There was a recent case in Singapore where the PM sued an internet blogger for criticizing the manner in which Singapore's Provident Funds were invested. The use of libel and defamation laws are misused and curtail, not promote, any worthwhile investigative journalism. You see the news about corruption in Thailand? It always refers to 'an influential person' was found to ................ If the NCPO doesn't want the newspapers to expose those involved in corruption, who will?

Andy Hall has engaged in long and selfless work on behalf of migrant workers from Burma. As others have said, I admire the courage of his convictions. But I also realize that his chances of getting a fair trial on these charges are nil. As I have said before, the current state of libel and slander laws leave those who have been abused the most with little recourse but to accept their fate with little, or no, hope for justice. Viva la huelga, Andy!

Edited August 31, 201411 yr by pookiki

Help Andy out, sign the petition.

Andy's trial starts on Tuesday -- call on Dole to take a stand, and demand the head of the Thai Pineapple Industry Association drops these bogus charges.

when people/companies use the antiquated thai laws to silence anyone telling the truth about them we really have to wonder, in any other country when you tell the truth you are respected but here if you tell the truth and someone loses face or worse still, money, they take you to court. Until such time that the law backs up the honest people and not just the rich this country can never improve. The courts need to be able to base their decisions on actual facts and the truth, not on how much it cost someone to have the truth about them exposed. Corruption is the reason it is till ongoing and this needs to be stopped, ethics need to be implemented and the guilty parties instigating these trumped up charges made to face the law themselves, this case will show the world what Thailand really stands for, a wrong decision could cause real problems for all thai companies and the country itself.

"in any other country when you tell the truth you are respected"

Oh really! tell that to Mr Manning and Mr Snowden.