Defamation penalties a cause for reflection

[Lite Beer]

EDITORIAL
Defamation penalties a cause for reflection
The Nation

BANGKOK: -- Libel is of concern to both people in the spotlight and unknown victims

It's debatable whether this week's court rulings sentencing a few people, including some TV celebrities, to imprisonment for libel is a judicial landmark. But clearly the verdicts have sent shockwaves through various sections of society. The jaws of journalists dropped. Media academics went into a soul-searching mode. Those who disdain the imprudent approach of the Thai media nodded approvingly. The social media squirmed.

Some harsh libel verdicts have been handed down before, but imprisonment "without probation", especially when high-profile personalities were defendants, had been rare. The impact of this week's rulings has been magnified by social media, which expressed great anxiety, and rightly so. The plaintiff won a case against people who allegedly defamed him in the traditional media, meaning the "insults" were many times "lighter" than the hard-hitting, no-holds-barred language on Twitter, YouTube, or Facebook. Like every coin, defamation always has two sides. When punishment is harsh and swift, sympathy naturally goes to the defendants. Who the real "victims" are, however, is a difficult question. It's even more complicated when those who sue are politicians or government officials. An outstanding case over the past decade involved a media activist who faced a staggering lawsuit for linking a political clan to policy corruption.

This week's verdicts involved a plaintiff who is well-known, a high-profile personality himself. A couple of the defendants are famous public figures as well. This brings us to an intriguing fact about defamation cases in Thailand. They only concern people who are equipped to sue. There are others who are as much entitled to sue, but can't do so because they are powerless and helpless in the present legal system.

Make no mistake, rich and/or influential people can be devastated by defamation, just as the poor and powerless. It's only that the latter probably don't even know there is a channel for them to fight back to save their names or restore their ruined lives. There have been "suspects" paraded by police in front of the media, who in turn pilloried the "thieves", "drug peddlers", "rapist-murderers" or "robbers" on the front pages or prime-time news, only for those bad guys to turn out to be innocent. Even if some of them wanted to sue, who would be willing to legally represent them?

In Thailand, defamation has been something exclusive to those at high-levels. Business damage is a main thing to build a case on. Little attention has been given to how defamation has destroyed non-business sides of affected parties. Some people wrongly accused by the police or the media may have to move to a new neighbourhood. Children have had to change schools. Families or friendships have been torn apart. This week's court rulings should be a cause for reflection for everybody.

The traditional media, which have to deal with rampant accusations day in and day out, have to be more cautious but not discouraged in performing their duties. Whether they like it or not, walking a tightrope comes with the territory. The entire justice system and the media themselves must think of those who deserve to sue but are never equipped to do so. The social media, having hurt many innocent people with its knee-jerk reaction , must exercise its power with a greater responsibility. Responsibility is the key for everyone involved.

In an era where what is said or written can go viral in the blink of an eye and is much harder to retract or erase, prudence is required more than ever before. While punishment can be decried as harsh, those at the wrong end of defamation can bemoan a scar that lasts virtually forever.

Source: http://www.nationmultimedia.com/opinion/Defamation-penalties-a-cause-for-reflection-30256898.html

-- The Nation 2015-03-28

[zaphod reborn]

To cast the media as victims of Thailand:'s draconian defamation laws is to dress a wolf in sheep's clothes. For the most part, the public suffers from frivolous defamation suits, not the politicians and media who profit from their use.

Edited March 28, 2015 by zaphod reborn

[Chris Lawrence]

Defamation laws in Thailand help suffocate the truth and protect shallow egos.

[HeijoshinCool]

Just another form of Face.

Our products can kill you, our food can poison you, but, hey, you can't tell anybody, or we'll have you thrown in prison!

[selftaopath]

Just another form of Face.

Our products can kill you, our food can poison you, but, hey, you can't tell anybody, or we'll have you thrown in prison!

I agree totally. I just do not understand most of Thai thinking. Maybe the "owners" of Thailand can explain Thai version of defamation. The accurate meaning is:

a false accusation of an offense or a malicious misrepresentation of someone's words or actions

So if I say I used xyz and got sick..... how is that defamation (maybe not the best example)?

This country is certainly bizarre in so many ways.

[Jai Dee]

One post referencing dictatorship has been removed from this thread.

From the pinned topic in the News Forum:

Please use discretion in your references to the government. Phrases which can be considered as anti-coup will be removed. Referring to Thailand or the government as a dictatorship, military dictatorship or other such terms will be removed.

[JLCrab]

Just another form of Face.

Our products can kill you, our food can poison you, but, hey, you can't tell anybody, or we'll have you thrown in prison!

I agree totally. I just do not understand most of Thai thinking. Maybe the "owners" of Thailand can explain Thai version of defamation. The accurate meaning is:

a false accusation of an offense or a malicious misrepresentation of someone's words or actions

So if I say I used xyz and got sick..... how is that defamation (maybe not the best example)?

This country is certainly bizarre in so many ways.

Section 330 of the Thailand Penal Code states (in part):

In case of defamation, if the person prosecuted for defamation can prove that the imputation made by him is true, he shall not be punished...

So in the example above, if you used xyz and then got sick,you would have to prove that you got sick as a direct and sole result of using xyz and from no other cause which might not be such an easy thing to do.

[heybruce]

Just another form of Face.

Our products can kill you, our food can poison you, but, hey, you can't tell anybody, or we'll have you thrown in prison!

I agree totally. I just do not understand most of Thai thinking. Maybe the "owners" of Thailand can explain Thai version of defamation. The accurate meaning is:

a false accusation of an offense or a malicious misrepresentation of someone's words or actions

So if I say I used xyz and got sick..... how is that defamation (maybe not the best example)?

This country is certainly bizarre in so many ways.

Section 330 of the Thailand Penal Code states (in part):

In case of defamation, if the person prosecuted for defamation can prove that the imputation made by him is true, he shall not be punished...

So in the example above, if you used xyz and then got sick,you would have to prove that you got sick as a direct and sole result of using xyz and from no other cause which might not be such an easy thing to do.

The "imputation" part is the problem. "I used xyz and got sick" can be factually correct, but it imputes that xyz made me sick. Unfortunately the broadness of "impute" opens to doors to all kinds of abuse. A newspaper can not report that thousands of people got sick after using xyz unless it has medical evidence that xyz caused the illnesses. However without reports of the correlation, there may never be an investigation into the possible causation.

I have what I call the "corrupt police chief test" to determine if a country has a free press. If there is clear evidence that a police chief is living far beyond the means that his salary can accommodate--palatial house, extravagant cars, etc., and the press is afraid to report this, the country has failed the test and does not have a free press. Clearly Thailand fails this test.

Edited March 28, 2015 by heybruce

[JLCrab]

Maybe a rich uncle in Texas died and left him a bunch of oil wells.

[WhamBam]

I recall, from years ago, being told not to call someone a 'Buffalo (Kwai)' or I could end up in jail. Or to call them or any business by bad names even if they were bad. It took me a while to realise you have to be careful where and when you use derogatory names and insults in Thailand.

We tend to get away with insults back home. Here in Thailand, you have to be very careful. As the OP says, it is easy to end up in jail for voicing opinions that are deemed defamatory.

[MaxLee]

Saving Face Law is impossible in the age of modern Internet society,.... unless you shut down the Network in Thailand

[ggt]

I would love to tell you how I feel about the Thai justice system when it comes to prosecuting minor incidences of "so-called" libel...but I would likely be removed from the forum and have time out for 3 days...just saying...

[zydeco]

Just another form of Face.

Our products can kill you, our food can poison you, but, hey, you can't tell anybody, or we'll have you thrown in prison!

I agree totally. I just do not understand most of Thai thinking. Maybe the "owners" of Thailand can explain Thai version of defamation. The accurate meaning is:

a false accusation of an offense or a malicious misrepresentation of someone's words or actions

So if I say I used xyz and got sick..... how is that defamation (maybe not the best example)?

This country is certainly bizarre in so many ways.

I think you just might have defamed Thailand.

[Suradit69]

The plaintiff won a case against people who allegedly defamed him in the traditional media, meaning the "insults" were many times "lighter" than the hard-hitting, no-holds-barred language on Twitter, YouTube, or Facebook.

" ... on Twitter, YouTube, or Facebook. Surely we could expand that list to include a few more "platforms" closer to home.

[berybert]

_{You can sue all you want. Eventually the bullet will hit home.}

[Fab5BKK]

Defamation & and Lese-M. Laws: the 2 pillars of "Thai democracy"!

[puukao]

You follow the laws of the host country, or you leave!!!! You cannot vote to change things.......I do not understand these farangs!!!! Learn and abide by the rules, or face the laws of the host country!!!

I just emailed my senator of my state (USA) and told him, "Speed limit should be 200 KPH!!!" Of course I emailed him in mph, but i'm helping you Europeans...

His response, "thanks citizen of my state. I value your opinion. I will work on this immediately!!! What else can i do for you???!!?!??!?!?!"

Edited March 28, 2015 by puukao

[Tywais]

Post and reply removed due to the below policy from the pinned topic.

Please use discretion in your references to the government. Phrases which can be considered as anti-coup will be removed. Referring to Thailand or the government as a dictatorship, military dictatorship or other such terms will be removed.

[jdinasia]

_{You can sue all you want. Eventually the bullet will hit home.}

Yes, the truth will.

Fictitious claims will result in severe penalties.

[englishoak]

shouldn't surprise anyone,even the truth describing soldiers running a country is now not allowed.

Censorship is growing more and more every week, even here.

It wont however last or ultimately work though thankfully.

When the levee finally breaks its going to be quite a show.

[selftaopath]

Just another form of Face.

Our products can kill you, our food can poison you, but, hey, you can't tell anybody, or we'll have you thrown in prison!

I agree totally. I just do not understand most of Thai thinking. Maybe the "owners" of Thailand can explain Thai version of defamation. The accurate meaning is:

a false accusation of an offense or a malicious misrepresentation of someone's words or actions

So if I say I used xyz and got sick..... how is that defamation (maybe not the best example)?

This country is certainly bizarre in so many ways.

I think you just might have defamed Thailand.

I suppose if any warning includes a Thai web page Google is open for "charges" too. Ya think?

[Jonmarleesco]

When businesses and individuals can use defamation laws to defend the indefensible, as Thai law permits, it's long past time for the legislation to be scrapped and rewritten.

[JLCrab]

FYI http://www.washingtonpost.com/local/crime/negative-yelp-review-of-dog-obedience-class-spurs-lawsuit/2015/03/25/eb92dab6-d183-11e4-8fce-3941fc548f1c_story.html

Exceprt: Burke’s Dog Tranquility never did offer a refund, but Ujimori got something else: a $65,000 defamation lawsuit.

[LannaGuy]

Thailand is often Lieland and that's the problem but if it were confident in it's ethical base it would not need draconian laws

[FloridaExport]

I was watching a popular US television show with a very well educated Thai lawyer. In the scene we were watching, a woman was doing a live television interview and accused a prominent general of raping her. The Thai lawyer looked at me completely shocked and said, "She can't say that! She would be thrown in jail for libel!"

After regaining my composer, I had to explain that the person going to jail in this scenario would not be the woman reporting the rape. This was a huge eye opener for me. I wasn't aware of the severity of the libel laws in this country. It's a very strong incentive against reporting powerful people breaking the law.

[Laughing Gravy]

^{If the country is ever going to enter the 21st Century or even come back from the 20th Century this silly, childish law must be scrapped. The elite have made iit very difficult for anyone to complain. As the current leaders are trying to bring back democracy to the country, how about getting rid of this law. That would be a start.}

^{I have just done a survey. 99 percent of the people would like that.}

Edited March 30, 2015 by Laughing Gravy