British rights activist to face defamation verdict in Thailand

[webfact]

British rights activist to face defamation verdict

Bangkok, Thailand | AFP |

BANGKOK: -- A British activist faces a verdict Wednesday in a defamation trial linked to a report he co-authored alleging severe labour abuses in Thailand's food industry, a key supplier to Western supermarkets.

Andy Hall, 34, could face up to a year in jail if convicted of defamation -- a criminal offence in Thailand -- after Thai fruit processing giant Natural Fruit made the complaint against him.

Hall's report investigating working conditions at a fruit processing factory belonging to Natural Fruit in southern Thailand levelled accusations of forced and child labour, unlawfully low wages and long hours.

Natural Fruit, a major supplier to the European drink market, denies the allegations.

But Hall stands by his research and has accused the company of trying to undermine the report's findings through its legal action.

"I'm very confident the court will find that I did not have any negative intent towards the company and we carried out this (report) in the public interest," he told AFP ahead of the verdict.

"We had many witnesses including from the company ... and there's no evidence to suggest I am guilty, I expect to win the case."

A court official said the ruling will begin around 9 am local time (0200 GMT).

The case relates to an interview Hall gave to the Al-Jazeera television network over his 2013 report for Finnish rights watchdog Finnwatch called "Cheap Has a High Price".

More serious charges await under the computer crime act -- which carry up to seven years in jail for each count -- and are due to be heard in November.

The fruit processor is also seeking $10 million through a civil suit.

Prominent European food firms have called for the charges to be dropped, while rights groups have criticised the defamation proceedings from a Thai food industry that has faced a slew of bad headlines over recent months.

Accounts have circulated of abuse -- particularly inside the fishing industry -- of illegal immigrants held captive and forced into unpaid labour, sometimes on boats at sea for years on end without receiving any payment for their work.

Thailand has long turned to migrants from poorer neighbours Myanmar, Cambodia and Laos to help keep major Thai industries afloat, from seafood to construction.

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

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.

-- (c) Copyright AFP 2014-10-29

[Thai at Heart]

I wish this man all the luck in the world to win. And when he does, I hope he takes his verdict and sues the company back for all his losses and defamation in the bazillions.

Which at least might prompt someone to get rid of this stupid criminal defamation law.

[Somtamnication]

This will be huge, internationally. I hope Thailand grows up a bit and does the right thing: removing these draconian defamation laws.

[draftvader]

Yes, another opportunity for Thailand to show the changes it has promised every time the system is "rebooted". This will certainly be interesting.

[ukrules]

EU Sanctions can be against named people, named companies or entire nations.

They are used to force EU regulations on foreign entities or for punishment.

Edited October 28, 2014 by ukrules

[Squeegee]

This will be huge, internationally. I hope Thailand grows up a bit and does the right thing: removing these draconian defamation laws.

They'll have to grow up more than a bit to get rid of the defamation laws, it's all about face. How many years will it take for an adult decision to be made by a primary school kid?

[northernboy]

This will be huge, internationally. I hope Thailand grows up a bit and does the right thing: removing these draconian defamation laws.

They'll have to grow up more than a bit to get rid of the defamation laws, it's all about face. How many years will it take for an adult decision to be made by a primary school kid?

So all countries should or just Thailand? Because most all countries have them.

[godden]

He's got more chance of geting sh*t out of a rocking horse than justice here, perhaps some one should have told him.

[SOTIRIOS]

"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. "

......so maybe better sue the US State Department too..............???

[ukrules]

Result in : charges dismissed

[maidee]

ahhhhhhh thailand

defamation laws and off course lese majeste ....

democraty ? mhhhh, don't think so

[HansIsaan]

"The charge is dismissed due to unlawful interrogation process under section 120 of the criminal procedure code."

So, dismissed on a judicial technicality, but not in principle?

[webfact]

Thai court dismisses case against British rights activist
Bangkok, Thailand | AFP |

BANGKOK: -- A Thai court dismissed a defamation charge against a British activist Wednesday in a case linked to a report he co-authored alleging severe labour abuses in Thailand's food industry, a key supplier to Western supermarkets.

Andy Hall, 34, had faced up to a year in jail if convicted of defamation -- a criminal offence in Thailand -- after Thai fruit processing giant Natural Fruit made the complaint against him.

Hall's report investigating working conditions at a fruit processing factory belonging to Natural Fruit in southern Thailand levelled accusations of forced and child labour, unlawfully low wages and long hours.

But a judge at the Bangkok court said the police probe, which stemmed from an interview with television network Al-Jazeera, was flawed as it did not involve a Thai state prosecutor from the start.

"The investigation was not legal, which means the plaintiff has no legal right to file a complaint... the court dismisses the case," the judge -- who was not named by the court -- ruled.

Natural Fruit, a major supplier to the European drink market, has denied the allegations in Hall's report.

Hall stands by his research and has accused the company of trying to distract from the report's damning findings through legal action.

Ahead of the ruling Hall told AFP he was "very confident" the case would be thrown out.

The case related to an Hall's interview with Al-Jazeera over his 2013 report for Finnish rights watchdog Finnwatch called "Cheap Has a High Price".

More serious charges await under the computer crime act -- which carry up to seven years in jail for each count -- and are due to be heard in November.

The fruit processor is also seeking $10 million through a civil suit.

Prominent European food firms have called for the charges to be dropped, while rights groups have criticised the defamation proceedings from a Thai food industry that has faced a slew of bad headlines over recent months.

Accounts have circulated of abuse -- particularly inside the fishing industry -- of illegal immigrants held captive and forced into unpaid labour, sometimes on boats at sea for years on end without receiving any payment for their work.

Thailand has long turned to migrants from poorer neighbours Myanmar, Cambodia and Laos to help keep major Thai industries afloat, from seafood to construction.

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

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.

-- (c) Copyright AFP 2014-10-29

[kingalfred]

They didnt want to find him not guilty on the substance because it means loss of face to a foreigner relating to a major law in Thailand , on the other hand it knew the bad reaction from outside the country if he was found guilty.

Edited October 29, 2014 by kingalfred

[JOC]

Let us hope this small victory over stupid Thai defamationlaws are the first of many to follow!!

And best of all, it actually proves that foreigners can win in Thai courts!!

Edited October 29, 2014 by JOC

[Jim walker]

A bit of constructive criticisms is always welcomed in Thailand by one and all and always taken notice of but not always implemented or acted upon child labour indeed

[EnzoRippo]

No flawless procedure in Thai justice (not only due to corruption or dishonesty just by lack of knowledge) => you always have a good reason to drop a case, if needed.

[siampolee]

Thai court dismisses case against British rights activist

Indeed an adroit Solomon like decision concerning the matter.

One does wonder whether there may have been some lobbying from the international food firms concerning the matter.

However there is still the hurdle of the computer crimes act.

Whether or not this current decision might weaken the computer crimes case (real or imaginary) of course remains to be seen.

[terryp]

the ONLY reason this has been kicked out is because of all the international heat which included the British Embassy yet again.....the stupidity of thai officialdom at its best

[impulse]

The fat lady hasn't sung yet...

More serious charges await under the computer crime act -- which carry up to seven years in jail for each count -- and are due to be heard in November.

The fruit processor is also seeking $10 million through a civil suit.

[Terrypom]

Result in : charges dismissed

Do you have a link please

[seajae]

what makes Thailand look so bad is the fact that these charges are not about telling the truth, they are about losing face. Where else in the world can you be guilty of defaming anyone by telling the truth, this is a total joke and it is how thai business keeps the truth about them from coming out. Until such time that the truth wins out in this country we will never see justice or the end of corruption, the whole court system is designed to protect "the guilty rich", even murder is allowed for them with no comeback

[BoristheBlade]

Congratulations and thank you Mr Hall.

You are a brave and honest man

An Inspiration to the Human Race

Good Luck Sir!

[webfact]

Thai Court Drops Defamation Case Against British Activist
By Khaosod English

BANGKOK — A Thai court has dropped a criminal defamation case against a British human rights activist who reported on labour abuses committed by a Thai fruit processing company.

Natural Fruit Co. Ltd., one of Thailand’s biggest pineapple processors, filed several cases against Andy Hall, 34, for reporting on the company’s alleged abuse of its workers.

This morning, a court in Prakanong dismissed the defamation case concerning an interview Hall gave to Al-Jazeera about the company's alleged rights abuses. The court ruled that it lacked jurisdiction over the case because the interview took place in Myanmar, not Thailand.

“I'm delighted at today's court ruling,” Hall wrote on twitter after the court hearing. “It's real victory for migrant workers, labour rights, rule of law, freedom of expression in Thailand.”

According to Reuters, a lawyer for Natural Fruit said the firm will appeal today's court decision.

Full story: http://www.khaosodenglish.com/detail.php?newsid=1414557216


-- Khaosod English 2014-10-29

[Somtamnication]

Not over until November. We shall see.

[Petchou]

Well. At least we got one judge today making fair and wise decision in freedom of speech case. Bravo

[draftvader]

About as Thai a decision as I have ever heard. Still more battles to come and Andy can't really feel that he has any better understanding of where this is at right now based off today's "result".

[Fred Flinstone]

Prosecuting Westerners will not help their cause.

[Krataiboy]

This will be huge, internationally. I hope Thailand grows up a bit and does the right thing: removing these draconian defamation laws.

They'll have to grow up more than a bit to get rid of the defamation laws, it's all about face. How many years will it take for an adult decision to be made by a primary school kid?

So all countries should or just Thailand? Because most all countries have them.

Yes, but in democratic countries like the UK defamation, as with libel and slander, is not a criminal offence and can only be pursued in civil courts. Defending against such an action is much easier, as proof that the alleged defamation was in the public interest is justification enough for publication. This is not the case in Thailand, where the defamation law is used to deter public complaint, in particular against businesses. For example, if a builder screws up your house and you complain to a third party he or she can sue you for defamation irrespective of whether the complaint was legitimate and in the public interest. The Thai defamation law is the equivalent of having a hit man on hand to take out "difficult" people and needs to be rewritten to bring it more in line with international norms.

[namdocmai]

If the migrant workers agree with the lower then minimum wages and are happy to work for that then what's the problem? As long as they get treated well then i don't see the problem. This is Asia, not Europe.

Europeans have the choice to buy any brand of fruitjuice, expensive ones or cheap ones so if they don't like it then buy another brand from another country.