webfact Posted July 16, 2015 Share Posted July 16, 2015 EDITORIALShooting the messengers won't restore the Navy's 'face'The NationBut national dignity can be salvaged if it withdraws legal charges against the Phuketwan journalistsBANGKOK: -- There is no logical explanation why the Royal Thai Navy is stubbornly pursuing a legal case against two journalists from the online newspaper Phuketwan over a report on human trafficking in which they merely quoted an international news agency.Equally unjustifiable is the failure of the Defence Ministry to intervene. Is every institution so desperate to protect its own skin that they have relinquished the courage to see how embarrassing this case is for Thailand and its armed forces?The journalists, Chutima Sidasathian and Alan Morison, went on trial this week despite pleas from the United Nations for the government to drop the case. If they are found guilty, the pair could face up to seven years in jail for defamation and for violating the Computer Crimes Act.The charges concern a 2014 Phuketwan article that simply quoted a Reuters story alleging that Thai Navy officials were involved in trafficking in Rohingya migrants fleeing Myanmar. Reuters has faced no legal action over its report, which earned a Pulitzer Prize last year.Following the discovery in May of more than 30 bodies buried in "trafficking camps" in Songkhla, a massive investigation launched by Thai authorities resulted in local officials being detained on suspicion of aiding the traffickers. It is hardly out of the question that official complicity might have stretched to Thai naval officials, who can have no special claim to probity over other men in uniform.If the Navy, in its embarrassment, wanted to make a show of its claimed innocence, why go after this small Web-based news outlet? Almost every major news publication in Thailand carried the Reuters reports in question. Some have dispatched their own reporters to investigate the grim trade in human beings.For an institution tasked with the crucial duty of defending the nation, it seems undignified to say the least that the Navy is persecuting journalists in order to save face.Criticism of the action has poured in from all corners, including the United Nations Human Rights Office, which has urged the authorities to drop the charges. "Freedom of the press, including freedom for journalists to operate without fear of reprisals, is essential in promoting transparency and accountability on issues of public interest," the UN said in a statement.The plea is nothing new. Similar calls for reason in the face of military "pride" were made during the tenure of the Yingluck Shinawatra government, but the imperative of political survival meant it couldn't afford to defy the Navy's legal push against Chutima and Morison.That duty now falls to the junta leaders who ousted the elected government last year. Will they have the courage and common sense to do the right thing?When the Reuters story was first published, Yingluck said Thailand would work with the UN and the United States on any investigation into the possible involvement of Thai officials in the trafficking.The UN, the US and the rest of the international community welcomed her announcement. But hindsight suggests that Yingluck was just buying time.Her reluctance was almost certainly borne of an unwillingness to offend the same military that had ousted her brother Thaksin from power in 2006. But the junta doesn't have such a luxury. The only question is whether it has the courage to do what's right.It is not too late to drop the charges. The longer this case drags on, the more embarrassment Thailand must endure.A more sensible approach would be to launch an inquiry into Reuters' allegation. But instead of taking that route, the Navy has decided to harass the messengers.In doing so it threatens to set a precedent that would open the way to further persecution of civil society by the military. And choosing that path could damage the confidence of prospective investors both domestic and foreign, further undermining our already shaky economy.Shooting the messengers will do nothing to restore the Navy's loss of face, but by doing the right thing and dropping the charges, it can at least retrieve its dignity.Source: http://www.nationmultimedia.com/opinion/Shooting-the-messengers-wont-restore-the-Navys-fac-30264635.html-- The Nation 2015-07-17 Link to comment Share on other sites More sharing options...
BSJ Posted July 16, 2015 Share Posted July 16, 2015 "Shooting the messengers will do nothing to restore the Navy's loss of face, but by doing the right thing and dropping the charges, it can at least retrieve its dignity." I am not so sure. A navy that has a submarine dept, despite not having submarines for 60 + years, would have to be something of an joke in other countries navies! Oh, and an aircraft carrier with no planes! I think their dignity washed up on the beach of broken dreams. Link to comment Share on other sites More sharing options...
Plutojames88 Posted July 17, 2015 Share Posted July 17, 2015 Jailing them will increase international pressures Link to comment Share on other sites More sharing options...
clockman Posted July 17, 2015 Share Posted July 17, 2015 Fragile egos! Just what the military needs. Link to comment Share on other sites More sharing options...
chainarong Posted July 17, 2015 Share Posted July 17, 2015 Thailand is already scraping the barrel as far as International relationships go , putting the international press off side will complete the ballgame, whether or not the navy was involved will become clearer in the coming weeks , however when you come down to it messing with institutions like Reuters who have their own network ,could capsize the boat , the navy could be in for a nasty shock and a continual barrage of negative international press for Thailand may follow this court case, not something P.M. Prayut - O would want. Link to comment Share on other sites More sharing options...
Tatsujin Posted July 17, 2015 Share Posted July 17, 2015 "There is no logical explanation why the Royal Thai Navy is stubbornly pursuing a legal case against two journalists from the online newspaper Phuketwan over a report on human trafficking in which they merely quoted an international news agency." I obviously missed the news flash that let us know that Thai's are now using "logic" in any way, shape or form. It's not a word or a concept that exists here as far as I am aware. Link to comment Share on other sites More sharing options...
bamnutsak Posted July 17, 2015 Share Posted July 17, 2015 If I understand the Thai libel/defamation laws, based on the 1805/Three Seals, that even if the allegations are proven to be true, if the injured party has been shown to have lost prestige, then the accuser can be found guilty of defamation. So in this case, whether the RTN did what the article (original Reuters or P*wan re-quote) says is irrelevant. The RTN is the "higher power" here, and was made to look bad. That's all they have to prove, unfortunately. The law(s) should be changed, or adjudicated as written/currently interpreted based on precedence, rather than capriciously dropped or dismissed. Link to comment Share on other sites More sharing options...
oneday Posted July 17, 2015 Share Posted July 17, 2015 A phenomenal article. Very well argued and written. Bravo! I hope at least one article about this farcical trial comes out every single day it continues. Keep up the pressure. Link to comment Share on other sites More sharing options...
DrTuner Posted July 17, 2015 Share Posted July 17, 2015 Will make a fine warning example, though. Link to comment Share on other sites More sharing options...
johnmcc6 Posted July 17, 2015 Share Posted July 17, 2015 A group of condo owners I know sent a letter to management complaining there was no maintenance carried out on the property in line with their contributions. They were sued for defamation and each owner had to pay 5000 baht to get the charges dropped. Lesson is don't mess with the locals. Link to comment Share on other sites More sharing options...
sammygood Posted July 17, 2015 Share Posted July 17, 2015 strange laws where even speaking or re-tweet or copy paste job can get you in jail many years democrazy right .... Link to comment Share on other sites More sharing options...
MZurf Posted July 17, 2015 Share Posted July 17, 2015 I'm afraid that there is no way the navy will drop the charges now that they already have lost face through the scuppered (pun intended) submarine deal. Link to comment Share on other sites More sharing options...
godden Posted July 17, 2015 Share Posted July 17, 2015 Will they be made to walk the plank in line with their out dates laws. Link to comment Share on other sites More sharing options...
dageurreotype Posted July 17, 2015 Share Posted July 17, 2015 A group of condo owners I know sent a letter to management complaining there was no maintenance carried out on the property in line with their contributions. They were sued for defamation and each owner had to pay 5000 baht to get the charges dropped. Lesson is don't mess with the locals. Rubbish. They should have gone to the Ombudsman. This constant 'don't upset the natives' meme is truly irritating and spurious. I've personally run the entire gamut right up to the AG's office and won. Stick up for yourselves for chrissakes. Dear God .. Link to comment Share on other sites More sharing options...
dageurreotype Posted July 17, 2015 Share Posted July 17, 2015 (edited) National 'dignity'. This whilst the West is currently reporting the Kho Tao case with headline's such as 'cover up in paradise'. What dignity? Edited July 17, 2015 by dageurreotype Link to comment Share on other sites More sharing options...
razer Posted July 17, 2015 Share Posted July 17, 2015 It has been made clear that human trafficking by boat has been going on for many years. What the Navy does not realize, is that it is unreasonable for the public to think the Navy was not aware of the traffickers. The only conclusions are they were incompetent or they were involved. Attacking "the messenger" makes the situation high profile for the Navy and continues to damage the Navy's "face". If the Navy had never filed the defamation charges the story would be dead now. Or at least not so noticeable. The Navy can turn the situation around by dealing with the problems of incompetency or corruption in this case. That would give good "face" to the Navy, to the current government and to Thailand. Link to comment Share on other sites More sharing options...
impulse Posted July 17, 2015 Share Posted July 17, 2015 I am not so sure. A navy that has a submarine dept, despite not having submarines for 60 + years, would have to be something of an joke in other countries navies! Oh, and an aircraft carrier with no planes! I think their dignity washed up on the beach of broken dreams. If my adversaries have submarines, I'm going to have a submarine dept, even if I have no subs. And having an aircraft carrier with no planes seems like a pretty economic way to stay current, given that any planes I have today will probably be obsolete when I may need them decades in the future. Planes are readily available on the market. Aircraft carriers take a little longer to source and prep. I'm not claiming the Thai navy is a shining example to hold up to the world, but I'm certainly not going to fault them for practices I don't understand. Link to comment Share on other sites More sharing options...
phuketandsee Posted July 17, 2015 Share Posted July 17, 2015 And incredibly the prosecution didn't even turn up for the second and third days of the trial to cross-examine the defense witnesses. Another example of Thainess? An accusation by powerful people is all it takes for a conviction? Link to comment Share on other sites More sharing options...
dageurreotype Posted July 17, 2015 Share Posted July 17, 2015 And incredibly the prosecution didn't even turn up for the second and third days of the trial to cross-examine the defense witnesses. Another example of Thainess? An accusation by powerful people is all it takes for a conviction? Not unusual for anyone not bothering to turn up if they don't feel like it. Justice system is just for show, like everything else. Link to comment Share on other sites More sharing options...
Benmart Posted July 17, 2015 Share Posted July 17, 2015 It seems that most democratic nations, which have a separation between politics and the military, rarely embark on such legal action to support their position. Link to comment Share on other sites More sharing options...
Lorn Posted July 17, 2015 Share Posted July 17, 2015 If I understand the Thai libel/defamation laws, based on the 1805/Three Seals, that even if the allegations are proven to be true, if the injured party has been shown to have lost prestige, then the accuser can be found guilty of defamation. So in this case, whether the RTN did what the article (original Reuters or P*wan re-quote) says is irrelevant. The RTN is the "higher power" here, and was made to look bad. That's all they have to prove, unfortunately. The law(s) should be changed, or adjudicated as written/currently interpreted based on precedence, rather than capriciously dropped or dismissed. No this is most certainly incorrect. You need to prove that what was said is true and that although what you said makes someone look bad (or makes them lose prestige), it was in the public's interest to know about it. This is also the case in the vast majority of countries. If you know a dirty, little secret about someone and start telling everyone they know- friends, family, employer etc. you most certainly can be sued if it causes them loss, despite the fact that what you are telling people is true. Newspapers get away with it because they are supposedly writing about people of public interest. They couldn't for example print a story about Joe Nobody cheating on his wife. Link to comment Share on other sites More sharing options...
Srikcir Posted July 17, 2015 Share Posted July 17, 2015 I wonder why the Defense doesn't bring up the prosecution in January 2015 of a naval officer accused of human trafficking? Thai officials prosecuted for human traffickingBangkok, Thailand | xxx 2015-01-30 BANGKOK: -- More than a dozen Thai government officials -- including senior policemen and a navy officer -- are being prosecuted for human trafficking, junta officials said Friday, as they vowed "zero tolerance" of the trade.Songsak Saicheua, a foreign ministry official, said at least 15 police officers were facing prosecution, alongside a Royal Thai Navy officer, two local administration officials and a social worker. The identity of the officer has not been published nor any indication of conviction. Link to comment Share on other sites More sharing options...
Emster23 Posted July 17, 2015 Share Posted July 17, 2015 "Shooting the messengers will do nothing to restore the Navy's loss of face," Maybe not, but sure will cut down on number of messengers coming round... "having an aircraft carrier with no planes seems like a pretty economic way to stay current, given that any planes I have today will probably be obsolete when I may need them decades in the future" Why stop there? The aircraft carrier will also be obsolete, so don't buy one of those either. In fact, taken to logical conclusion, don't buy any weapons, as they will be obsolete as soon as you get them. Similar to what happens in computers "Maybe I should wait, because advancing so rapidly that next month will be far better one at lower price". Link to comment Share on other sites More sharing options...
quandow Posted July 17, 2015 Share Posted July 17, 2015 These people can't think past the "here and now." They make bad moves (you can't call them decisions, that would involve critical thinking), suddenly realize they just stepped in a political mine field, and that's when the hubris REALLY kicks in. They start reacting in a belligerent fashion, make matters worse, then kick whatever dog they can to save face. Most recent case I can recall - making all police memorize the license plates of their superior officers. This unnecessary trial is just one more similar page in a sad history of injustice to the voice of freedom. Link to comment Share on other sites More sharing options...
elgordo38 Posted July 17, 2015 Share Posted July 17, 2015 A group of condo owners I know sent a letter to management complaining there was no maintenance carried out on the property in line with their contributions. They were sued for defamation and each owner had to pay 5000 baht to get the charges dropped. Lesson is don't mess with the locals. Google Stella Liebeck vs MacDonalds. A few months back a friend sent me an email on The Stella awards interesting reading. All societies are on an insanity curve. Link to comment Share on other sites More sharing options...
DrTuner Posted July 17, 2015 Share Posted July 17, 2015 National 'dignity'. This whilst the West is currently reporting the Kho Tao case with headline's such as 'cover up in paradise'. What dignity? It's the dignity of taking a shower before and after spreading your legs. Link to comment Share on other sites More sharing options...
wabothai Posted July 17, 2015 Share Posted July 17, 2015 The holy guy who filed the charges in the first place needs to be taken to the rest of the world for an attitude change. or something like a Thai Visa tribunal. Link to comment Share on other sites More sharing options...
FangFerang Posted July 17, 2015 Share Posted July 17, 2015 One poster summed it up well -- democrazy Link to comment Share on other sites More sharing options...
BestBitterPhuket Posted July 17, 2015 Share Posted July 17, 2015 Well written. The junta should follow the advice in order to salvage what little face is left. Link to comment Share on other sites More sharing options...
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