Defamation cases a total violation of rights, OHCHR says

[Lite Beer]

Defamation cases a total violation of rights, OHCHR says
The Nation

BANGKOK: -- The United Nations Human Rights Office for Southeast Asia (OHCHR) yesterday expressed grave concerns over the use of criminal defamation lawsuits as a means to pressure human-rights defenders.

The statement was issued following the October 29 decision of the Phuket Court to go ahead with a criminal defamation suit filed by mining firm, Tungkum Ltd, against Loei-native Surapan Rujichaiwat. The mining company has also brought a number of other civil and criminal cases against members of the Khon Rak Ban Koed Group (KRBK), including Porntip Hongchai, who is due to appear in court on Monday on defamation charges.

OHCHR pointed out that these criminal cases followed a May 15 incident in which a group of armed men attacked and injured more than 20 villagers, including members of the KRBK, who were blockading the transportation of minerals.

"OHCHR is concerned by the continuation of the lawsuit, as it appears that it is being used to silence those who raise legitimate issues publicly and echoes a trend of the use of defamation suits against human-rights defenders. OHCHR is aware of at least five other human-rights defenders facing criminal defamation cases for raising issues such as trafficking, labour rights and torture," the agency said in a statement.

It said criminalisation of defamation had a chilling effect and could unduly restrict the freedom of expression. Human rights defenders needed full protection of the state to carry out their work without fear of criminal prosecution, the agency said noted.

"We urge the government to carefully review such cases and ensure full compliance with international human rights standards."

Source: http://www.nationmultimedia.com/national/Defamation-cases-a-total-violation-of-rights-OHCHR-30246746.html

-- The Nation 2014-11-01

[clockman]

Remove the slander and libel laws. Then we will see justice.

[ChrisY1]

Politicians will not revoke these laws easily.....it's their best way of silencing their opponents....and the media.

It would take a lot of serious pressure from the international sector to effect change.

[RustBucket]

It's not just the Loei Mining case. It is used widely on a daily basic to let people with money push away any resistance to the ransacking of the country, justice and humility.

Great to see the UN human Rights committee calling out Thailand on this.

Thailand can't fart now without the rest of the world complaining about the smell.

Thailand.... The rest of the world has you in their sites. Time to change your attitude and stop repressing the people. You are probably second to North Korea regarding complaints about your treatment of your people at the moment.

I hope you all suffer for your crimes.

[ExPratt]

Quite few laws protecting the rich and powerful suppressing freedom of speech and debate. The ultimate one I'm not allowed to write on here or even tell my Son what a ridiculous sham it is without fear of prosecution. Feudal , Third world laws. I'm beginning to think bringing my family up in Thailand was a mistake

[Briggsy]

Am I right in thinking in the case mentioned, the Loei gold mine case, the court and the plaintiffs, the mining company, are forcing the defendants, the villagers and activists to travel from Loei to Phuket for each hearing or be held in custody in Phuket over 1000 km from their homes and families.

[cooked]

It's not just the Loei Mining case. It is used widely on a daily basic to let people with money push away any resistance to the ransacking of the country, justice and humility.

Great to see the UN human Rights committee calling out Thailand on this.

Thailand can't fart now without the rest of the world complaining about the smell.

Thailand.... The rest of the world has you in their sites. Time to change your attitude and stop repressing the people. You are probably second to North Korea regarding complaints about your treatment of your people at the moment.

I hope you all suffer for your crimes.

I don't think that Thaiand cares about what the rest of the world thinks unless it costs them money. As long as the newspapers report more on things like the disgusting Koh Tao case and very little about stuff like this, nothing will change.

[fabianfred]

I believe Thailand has already been warned in the past about the les majeste laws. I think they view all outside intereference with contempt, much as communist China has done.

[daveAustin]

It's not just the Loei Mining case. It is used widely on a daily basic to let people with money push away any resistance to the ransacking of the country, justice and humility.

Great to see the UN human Rights committee calling out Thailand on this.

Thailand can't fart now without the rest of the world complaining about the smell.

Thailand.... The rest of the world has you in their sites. Time to change your attitude and stop repressing the people. You are probably second to North Korea regarding complaints about your treatment of your people at the moment.

I hope you all suffer for your crimes.

I don't think that Thaiand cares about what the rest of the world thinks unless it costs them money.

It does care a lot since they lose face when outsiders criticize them. The uncaring facade they give off is more to do with ignorance.

[Neeranam]

Interesting to compare the number of replies with this news and the one where 2 Brits were killed.

[boomerangutang]

It's an example of Asians taking a farang invention, and abusing it. They do it with amplifiers + speakers also. 98.7% of defamation lawsuits are puerile and mean-spirited attempts to shut-up opponents, usually filed by richer against poorer. Thaksin used them often and indisciminately. He got his paws singed when he slapped one on a young female reporter who wrote a non-flattering article about him. It was fun watching him retreat back in to his hole like a beach crab.

[Emster23]

Oh, it was UN statement. Nobody pays attention to what UN says. I was hoping it might be Thai.

[spidermike007]

Crying defamation equals cowardice. Rather than face the charges, and fight them on their merits, they use defamation to create a framework where the charges do not even have to be discusses. It is simply legal wrangling, and it is the sign of small men, with small hearts, doing devious things. The defamation laws here are heinous. They were created to protect the rich, the corrupt, and the powerful, against whistle blowers, good samaritans, and consumer advocates.

Edited November 1, 2014 by spidermike007

[axact]

Oh, it was UN statement. Nobody pays attention to what UN says. I was hoping it might be Thai.

Dumbest post I have seen on TV this week......

Who pays attention when Thailand comments ???? So on your basis Thailand is listened to over the UN...what planet are you on ?

[petercool]

Off topic troll post removed

[Baerboxer]

Remove the slander and libel laws. Then we will see justice.

So you believe removing the slander and libel laws, in all countries that have them, will improve justice.

Maybe decriminalize it and make sure reasonable defenses to it are allowed, as in most countries would be a tad better than simply removing and allowing anyone to accuse and say anything they like, don't you think?

Edited November 1, 2014 by Baerboxer

[Baerboxer]

Crying defamation equals cowardice. Rather than face the charges, and fight them on their merits, they use defamation to create a framework where the charges do not even have to be discusses. It is simply legal wrangling, and it is the sign of small men, with small hearts, doing devious things. The defamation laws here are heinous. They were created to protect the rich, the corrupt, and the powerful, against whistle blowers, good samaritans, and consumer advocates.

and satirical cartoonists

[bangrak]

Oh, it was UN statement. Nobody pays attention to what UN says. I was hoping it might be Thai.

Dumbest post I have seen on TV this week......

Who pays attention when Thailand comments ???? So on your basis Thailand is listened to over the UN...what planet are you on ?

Dumb, dumber, dumbest... wouldn't what Emster wrote mean that when it had been a Thai statement it might have had some effect, while a UN, or any 'foreigners'' statement will remain 'lettre morte' being considered as an infringement on internal affairs? Wouldn't that be correct from Emster? Mirror, mirror, tell me who was the dumbest here then....

[dogleg]

I'm guessing Emster was hoping that there was an Thai internal debate going on about this, but not yet it seems.

[ExPratt]

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Remove the slander and libel laws. Then we will see justice.

So you believe removing the slander and libel laws, in all countries that have them, will improve justice. alt=whistling.gif>

Maybe decriminalize it and make sure reasonable defenses to it are allowed, as in most countries would be a tad better than simply removing and allowing anyone to accuse and say anything they like, don't you think?

All countries don't have laws as draconian as Thailand . I would imagine people can only speak of their own experiences so for this forum that would be Thailand. The laws are detrimental to free speech and Democratic debate

[draftvader]

Defamation laws self protect.

[Thai at Heart]

Glad that slowly but surely the defamation law is being dragged out for a bit of global ridicule.

It really is a case of if you haven't done anything wrong, you have nothing to hide. Criminalising disclosure of wrongdoing is a huge brake on progress in this country.

[jpeg]

It's not simply defending the rich against the poor. I once had a lawyer who asked me to sign a waiver in case the thieving b4st4rd I'd hired him to file against turned round and sued him for defamation. Before it even went to Court. Can you imagine that happening in the West

[Puwa]

The reason the UN can make statements about defamation (and other rights issues) is that Thai and regional NGOs have been feeding it information consistently albeit quietly for a long time. They research cases, support and defend the accused, analyze the legal and technical aspects of each case, and then distill the principles into submissions to the UN. Since the atmosphere here has not been conducive to open advocacy on many rights issues for over 10 years, the UN and other outside groups play an important role in giving voice and visibility to the work of many dedicated Thai human rights workers who must, of necessity, keep a low profile.

[tbthailand]

relevant background information on this story:

The Police General of the RTP, Pol. Gen. Somyot, recently appointed to be the top-cop by the current 'PM', was listed as a director at Tungkum until just recently.

[Benmart]

Freedom of speech is the mortal enemy of oppression.

[englishoak]

Remove the slander and libel laws. Then we will see justice.

So you believe removing the slander and libel laws, in all countries that have them, will improve justice.

Maybe decriminalize it and make sure reasonable defenses to it are allowed, as in most countries would be a tad better than simply removing and allowing anyone to accuse and say anything they like, don't you think?

Certainly de criminalising it and removing custodial sentences will help for a start. It should only ever have been civilian and non custodial anyway.

To be honest I dont believe in slander laws at all, say whatever. Life is far too short, its a cop out bully law of which most brought are usually by sad, self important opinionated persons or groups.

End of the day this always comes down to money..... you'll hear all the time its about their reputation but the truth is its always about the money...

Defamation laws arnt about justice its usually about vanity and money, mostly money.

Technologically we are advancing in leaps and bounds, morally we are still in the dark ages, unfortunately laws like this are a throwback to the dark ages and holds society back. its helping ruin societies morals and human progress and development as a species in general, same with the LM law, laws like this are a threat more to their own society and stability than anything else

We can see it in the slow motion collapse in Thai Society and its morals, its a victim of its own inability to develop and a hostage to its real god, money.

[rametindallas]

Oh, it was UN statement. Nobody pays attention to what UN says. I was hoping it might be Thai.

Dumbest post I have seen on TV this week......

Who pays attention when Thailand comments ???? So on your basis Thailand is listened to over the UN...what planet are you on ?

No offense, but I read that statement differently. I interpreted it as: Nobody in Thailand pays attention to what he UN says. Statements made outside Thailand have no effect on changing Thailand but if the statement comes from a Thai (especially a prominent Thai) then Thais will at least listen; whether they act or not. So, I think Emster23 was hoping the change would come from within because it (almost) never comes from outside pressure. Does his post look less dumb, now?

[rametindallas]

It's not simply defending the rich against the poor. I once had a lawyer who asked me to sign a waiver in case the thieving b4st4rd I'd hired him to file against turned round and sued him for defamation. Before it even went to Court. Can you imagine that happening in the West

This is why hiring hit-men is so popular. Someone injures you, you sue, and then you get counter-sued. You won't get justice because it will stay tied up in court for years. Easier to just have the offending person assassinated.

[manarak]

A balance has to be found between freedom of speech and enabling whistleblowing and protesting on one side and protection of people and corporations from defamation and false accusations on the other side.

It's not easy to draw the line.

Where should it be drawn?

Should allegations be required to be backed by evidence?

Should the authors of allegations without proof be prosecutable?

Should authors of allegations that were proven false be prosecuted?