British activist goes on trial in Thailand for defamation

[webfact]

British activist goes on trial in Thailand for defamation
by Preeti JHA

BANGKOK, September 2, 2014 (AFP) - The defamation trial of a British activist began Tuesday in Bangkok after he co-authored a report alleging widespread labour abuses in Thailand's food industry, a prime supplier of cheap foodstuffs to Western supermarkets.

Andy Hall, 34, faces jail if convicted over lawsuits brought by Thai fruit processor Natural Fruit, after his report levelled accusations of forced and child labour, unlawfully low wages and long hours at one of its factories.

Natural Fruit is a major supplier to the European drink market, and the migrant rights campaigner has accused the company of trying to divert attention from the findings through its legal action.

Leading European food giants have called for the charges to be dropped, while rights groups have condemned the defamation proceedings from a Thai food industry that has faced a battery of bad headlines over recent months.

Prosecution witnesses are expected to begin testimony on Tuesday as the trial, which is linked to an interview Hall gave to the Al-Jazeera television network, gets under way.

Defamation is a criminal offence in Thailand and Hall, whose passport has been confiscated by Thai authorities pending the trial, could be jailed for up to a year if found guilty.

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

- 'Tip of the iceberg' -

Thailand taps the labour markets of poorer neighbours Myanmar, Cambodia and Laos, whose migrants help keep major Thai industries from seafood to construction afloat.

But they often lack official work permits and are paid below the minimum wage.

"The exploitation has been getting worse and more confused and more messy," Hall told AFP ahead of the trial.

"The corruption is systematic. We haven't seen anyone addressing that... It is just the tip of the iceberg."

Hall, who was supported by a dozen labour rights activists in court, made the allegations in a report last year for Finnish rights watchdog Finnwatch.

A Natural Fruit factory in southern Thailand was investigated for a Finnwatch report called "Cheap Has a High Price" because it produced pineapple concentrate for Finnish supermarkets' own-brand products, according to the watchdog.

Finnwatch has called on Thailand, the world's largest pineapple producer, to change its approach "instead of issuing threats and exploiting workers".

In June the US State Department downgraded Thailand to its lowest ranking in a report on human trafficking, highlighting abuses in the fisheries industry among others.

Thailand draws tens of thousands of migrants -- often trafficked -- from neighbouring countries "who are forced, coerced, or defrauded into labour or exploited in the sex trade," said the report, which was carried out before the military took power in their latest coup.

The new Thai junta triggered an exodus of Cambodian workers following May's coup by threatening to arrest and deport illegal labourers, although thousands have since returned.

The junta has since pledged to simplify the registration process for migrant workers seeking an official work permit.

-- (c) Copyright AFP 2014-09-02

[Paulzed]

http://www.sbs.com.au/dateline/story/related/aid/907/id/601981/n/Prawn-Slaves

[Travel Dude]

We wish Andy Hall lots of success. We admire his actions and we are sure Thai Courts will do their best to serve Justice.

Andy Hall deserves a thank you from Humanity

[laurentbkk]

Well those Europeans or Foreign customers of those Thai companies can boycott their product , this is for sure the best protest instead of asking gently. When the orders will dropped badly I am sure those companies will offer a bit better working condition ....

[kriswillems]

The fact that defamation laws are used to hold this journalist as a hostage in the country, says a lot on the attitude of the company in question.

I hope the European supermarkets are aware of this and take appropriate actions.

It also shows the defamation laws is Thailand are a big concern when it comes to human rights - they are tools used to shut up anyone that dares to complain about human right violations and they are used as a dirty weapon in political games.

Edited September 2, 2014 by kriswillems

[worgeordie]

Defamation ,been a criminal crime in Thailand,its open to abuse,

by individuals and companies to prevent anything been said about,

their illegal activities,they hide behind the law,even if you speak out

AND are a 100% correct in your accusations,they can still drag you

through the courts,which will be a costly,time consuming exercise,

and you could be found guilty!

I just hope justice is done and seen to be done in this case and that

Andy wins,good luck to him.

regards Worgeordie

[Asiantravel]

I hope BBC do a Panorama expose on TV for all the would-be travellers to Thailand to see

[JeremyBowskill]

Truly the best course of action in Thailand is to say absolutely nothing on anything more important than what you had for dinner, or what you watched on TV last night. Little wonder Thais lose the plot sometimes and go berserk over very little, must be hard holding your tongue all your life.

[fab4]

I'm sure that reform of the Criminal Libel and Computer Crime Laws is top of the list of "things to do" after the important things have been done - there's the jet ski's to sort out, illegal taxi stands, taxing items that have already been banned.......so much to do, so little time

[NongKhaiKid]

A trial or a foregone conclusion ?

[monk213]

I truly respect this guy, yes it was silly to hang around but he has done what most of us would wish to have the balls to do. If we support him or sign up to some group online for his release etc, would we be in danger ourselves?

[NongKhaiKid]

Truly the best course of action in Thailand is to say absolutely nothing on anything more important than what you had for dinner, or what you watched on TV last night. Little wonder Thais lose the plot sometimes and go berserk over very little, must be hard holding your tongue all your life.

Sums it up completely JB.

In the early days of Mr. T's administration I wrote a slight critical, sarcastic letter to the other newspaper and thought nothing of it.

A couple of my students who used to read the English language press asked if the author of the letter was me since i had used my real name and when i confirmed it they were insistent I open another account and never use my own name again for such letters. They were very concerned which was both touching and an eye opener.

[JohnThailandJohn]

Undocumented immigrants being used to pick fruit and being paid below minimum wage!?!?! Unheard of in the civilized world. Must have taken this guy a long time to find a country, with criminal defamation laws, to uncover such a thing happening in this day and age.

Edited September 2, 2014 by JohnThailandJohn

[hotsoup]

Will be very interesting to see what happens. Many supermarket chains are being challenged to investigate their supply chains. Natural Fruit is of course owned by an influential Democratic Party family. I wonder if the soldiers have the guts to take them on?

[Asiantravel]

from The Independent yesterday

The trial is going ahead despite an international outcry at the prosecution and calls from across the world for the charges to be dropped.If found guilty, the Lincolnshire-born campaigner faces up to eight years’ imprisonment under a draconian criminal defamation law drawn up in 2006, which opponents say is being used to intimidate journalists and activists.

http://www.independent.co.uk/news/world/asia/briton-andy-hall-in-thai-court-on-defamation-charge-overhuman-rights-abuses-9704847.html

[rreddin]

Will be very interesting to see what happens. Many supermarket chains are being challenged to investigate their supply chains. Natural Fruit is of course owned by an influential Democratic Party family. I wonder if the soldiers have the guts to take them on?

Out side of their Asian markets, this is a PR disaster for the company concerned, and it could get a lot worse for them.

[jvs]

Monk213,some of us already have signed a petition,please visit www.SumOfUs.org.

They explain in more detail what is going on.

[JeremyBowskill]

Truly the best course of action in Thailand is to say absolutely nothing on anything more important than what you had for dinner, or what you watched on TV last night. Little wonder Thais lose the plot sometimes and go berserk over very little, must be hard holding your tongue all your life.

Sums it up completely JB.

In the early days of Mr. T's administration I wrote a slight critical, sarcastic letter to the other newspaper and thought nothing of it.

A couple of my students who used to read the English language press asked if the author of the letter was me since i had used my real name and when i confirmed it they were insistent I open another account and never use my own name again for such letters. They were very concerned which was both touching and an eye opener.

Crazy innit Kid, there are loads of articles I would comment on anywhere else in the world but wouldn't risk it here. This one for example, I shall exercise my right to remain silent on (5th amendment for our cousins across the pond).

[Thai at Heart]

Its on the BBC radio news this morning.

Owner claims to have lost too much "face" over the allegation.

[monk213]

Monk213,some of us already have signed a petition,please visit www.SumOfUs.org.

They explain in more detail what is going on.

Cheers, just got that up on facebook too

[webfact]

British Labour Activist's Defamation Trial To Start In BKK Today
By Khaosod English

BANGKOK — British labour activist Andy Hall is scheduled to go on trial in Bangkok today to fight charges of defamation for a report he wrote two years ago accusing a Thai food company of mistreating its workers.

Mr. Hall, 34, contributed to a report published by the Finish NGO Finnwatch last January that chronicled a number of labour abuses committed by Natural Fruit Co., one of Thailand’s biggest pineapple processors. The factory workers Mr. Hall interviewed, some of whom were undocumented migrants, described hazardous working conditions, unlawfully low wages, and instances of child labour.

Natural Fruit Co. has denied the allegations and launched several cases against Mr. Hall, including charges of criminal defamation, violation of the Computer Crime Act, and demands for 10 million U.S. dollars through a civil suit. If found guilty, Mr. Hall could face up to seven years in prison.

Today is the first day of Mr. Hall’s defamation trial, with prosecution witnesses scheduled to begin testimony in Bangkok’s Prakanong Court.

Defamation is a criminal offense in Thailand, defined under Thai law as any statement made by one party that is likely to impair the reputation of another party or expose the latter to hatred. The offense is punishable by up to two years in prison and a fine of 200,000 baht.

The law has been frequently criticised by rights activists, who say it is abused by authorities and large corporations to silence critics and create a climate of fear.

Last month, 100 rights organisations from around the world signed a letter asking the Thai Pineapple Industry Association (TPIA) to urge Natural Fruit Co. to drop the case.

“By refusing to work with civil society and instead launching an aggressive legal battle against Mr. Hall, Natural Fruit is sending a message that it would rather intimidate critics and silence those who advocate on behalf of migrant workers than engage in genuine dialogue about conditions in its factories,” the leader reads.

Earlier this year, two Phuket-based journalists were charged with defamation by the Royal Thai navy for a publishing an excerpt from a Reuters report that alleged Navy officials’ involvement in the trafficking of Rohingya refugees from Myanmar.

In both Mr. Hall’s case and the Phuketwan journalists’ cases, the law is being used to target individuals and not the larger organisations their work is affiliated with. Instead of pursuing charges against Finnwatch, Natural Fruit Co. has targeted Mr. Hall alone. Similarly, the Thai navy has focused their efforts on prosecuting the journalists from Phuketwan, even though the report in question was authored by Reuters.

“This law is used to intimidate people,” said Supinya Klangnarong, a media rights activist who was charged with defamation and for criticizing the Shin Corporation in 2003. “Most of the defamation cases in Thailand are about ‘protecting face.’”

Ms. Supinya, who was eventually acquitted after a highly publicised trial, was referring to a common Thai idiom — 'saving/protecting face' (rak sa na) — that describes many Thai people's concern with protecting their reputation or image. Any act that causes someone to 'lose face' (sia na) is considered extremely offensive in Thai culture.

Source: http://en.khaosod.co.th/detail.php?newsid=1409641269


-- Khaosod English 2014-09-02

[chainarong]

To be blunt , you are stepping on toes when you start on this journey, there's just to many smoking mirrors to be sure just where all this abuse and treatment starts, the Human rights declaration from the US should prompt some fallout and as stated the buyers in Europe don't have to buy the products, to get a fair trial will be impossible , Thailand has got a few kicks in the arse over the last six months, so they are out for revenge, not a good look.

[TacoGuy]

It's not his business to be pointing fingers in Thailand. He is holding Thailand to an EU standard which in an idealistic utopian world is fine, but the real world is simplistic. And it's a bit foolhardy during a coup.

[chotthee]

"The defamation trial of a British activist began Tuesday in Bangkok after he co-authored a report alleging widespread labour abuses in Thailand's food industry, a prime supplier of cheap foodstuffs to Western supermarkets."

No such thing happen in Thailand.

There are law governs min baht of 300 Baht/day, and all employee got their fair share of their wages, else they would have called Prayuth hotline to complain already.

[Baerboxer]

I'm sure that reform of the Criminal Libel and Computer Crime Laws is top of the list of "things to do" after the important things have been done - there's the jet ski's to sort out, illegal taxi stands, taxing items that have already been banned.......so much to do, so little time

Rather than spending 3 years trying to manipulate a free pardon for a convicted crook and all his outstanding charges as the top top agenda item.

Nice to see the priorities have changed.

[nong38]

This law is a bad law and needs to be changed. Companies will never act in the interests of customers and employees whilst it is in place. Where are the trading standards officers and employment/employee standards commission, I hope the new PM is taking note., surely its not asking too much to treat people with respect and dignity.

[apetley]

It's not his business to be pointing fingers in Thailand. He is holding Thailand to an EU standard which in an idealistic utopian world is fine, but the real world is simplistic. And it's a bit foolhardy during a coup.

The report he wrote and the charges against him were made long before the coup.

[tullynagardy]

With the current political situation the junta have the power to over rule anything (they are the law as it stands) but are choosing not to do so.

The junta are therefore complicit in this outrage. (More than likely as it`s part of an agenda they are part of that which wants to protect the elite and deter anyone from standing on their toes.) Remember just a couple of months ago Thailand was the only country to vote against the protocol on slave labour. It seems the new powers that be are keen to protect this scandalous situation.

Yet another step down the road to the very dark place that this country is going.

[Mr Yim]

We all know that the Thais are always right and everyone else is wrong. So what if the rest of the world criticises Thailand, they don't understand the Thai way and Thailand will be fine without them.

[monk213]

Remember just a couple of months ago Thailand was the only country to vote against the protocol on slave labour

Really!? I missed that, wow that is quite a bold statement and also outrageous. Do you have a source?