Defamation cases a total violation of rights, OHCHR says

[ABCer]

clockman: (quote) Remove the slander and libel laws. Then we will see justice.

How childish!

Lack of Justice never was, is or will be result of moving, removing or introducing any Laws!

[whybother]

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?

It should be easy to draw a line. If it's true, you can't be guilty of defamation.

[Dogmatix]

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.

I am afraid you are right. I can't remember any political party ever pushing to repeal the criminal defamation laws, although they love to claim they are doing everything according to international standards that most definitely don't include criminal defamation laws - at least not in any of their developed world trading partners.

The military is even less likely to want to repeal them. Only Western countries telling them forcefully that labour conditions and the right to report them without the threat of criminal defamation laws are important, if they are expected to buy Thai products will have an effect.

[snowgard]

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

Why must remove it? If you really read and understand this laws it allow you to tell the true!!! But it must be the TRUE and not a stupid meaning from idiots who think they can speak bad about other People!!!

If you can Show the court that it is the true you don't must be worry and win the case.

And this is in all other countries the same!!!

[whybother]

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

Why must remove it? If you really read and understand this laws it allow you to tell the true!!! But it must be the TRUE and not a stupid meaning from idiots who think they can speak bad about other People!!!

If you can Show the court that it is the true you don't must be worry and win the case.

And this is in all other countries the same!!!

That's not how the defamation laws work in Thailand. If you cause someone to lose face in Thailand they can lay a complaint and you can be found criminally liable ... whether what you said is true or not.

[snowgard]

No, this is not true!!! They can lay a complaint against you but if it is 100% sure it is true what you wrote they will loose the case!!!

In UK or USA it is not other. If you write something bad about somebody and it is not true they can fill a case against you!!!

If you write something about another you have to proove it is TRUE!!!

Look, how many cases Andrew Drummond won !!! But in many other countries, he would get big problems, because he blames other people for crimes before they were sentenced by the court.

[PaPiPuPePo]

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.

Thanks for the well-informed comment!

[attrayant]

Lack of Justice never was, is or will be result of moving, removing or introducing any Laws!

Yeah, bring back those slavery and miscegenation laws!

[Thai at Heart]

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.

Funny thing is though, no politician would ever think to reform it, but the junta might.

Just look at the dismissal for the case against the fruit company. If that had been a sitting govt, they would have gladly arranged to throw the book at him.

On this issue, there is more chance of reform of this law with the junta in power

[Briggsy]

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.

Funny thing is though, no politician would ever think to reform it, but the junta might.

Just look at the dismissal for the case against the fruit company. If that had been a sitting govt, they would have gladly arranged to throw the book at him.

On this issue, there is more chance of reform of this law with the junta in power

I beg to differ.

We have already seen draconian curtailing of the freedom of speech under the military regime. Even last week, the press was ordered to stop "digging" after it discovered the assets declaration of cabinet ministers seemed to be untrue.

Secondly, Thailand has had numerous military regimes over the last 50 years. None, absolutely none, has done anything to repeal the defamation law.

Thirdly, are you claiming the judge in the first of a number of cases brought by Natural Fruit Company against Andy Hall was directed by the military regime to throw the case out in order to further free speech? If what you claim is true, I am very surprised this has not been reported in the Thai press. Maybe it is not the case.