Loei mining firm seeking to sue 15-year-old schoolgirl

[webfact]

DEFAMATION
Mining firm seeking to sue schoolgirl, 15
Boonchu Sritraipop,
Kawintra Jaiseu
The Nation

Gold miner claims that a TV report she was involved in is libellous

LOEI: -- THE Community Resources Centre (CRC) is trying to help a 15-year-old schoolgirl out of legal trouble, after she participated in a TV citizen reporter scheme that stirred legal action from a mining firm.

Wanpen Khunna, a Mathayom 4 student in Loei province, has allegedly been targeted in the planned defamation lawsuit.

Thung Kham Ltd, which operates a gold mine in Loei's Wang Saphung district, has been seeking permission from the Loei Juvenile Observation and Protection Centre to bring the lawsuit against Wanpen to court.

However, under current laws no one can take a criminal lawsuit against a minor without prior permission from a relevant juvenile observation and protection centre.

"Her interview is libellous to our firm," Thung Kham Ltd said in its letter to the centre.

The Loei Juvenile Observation and Protection Centre has summoned Wanpen and her parents to testify on December 21 to determine if there is grounds for the firm to sue her.

"When I first received the summons, I was shocked. I didn't know what to do," Wanpen said.

Her mother said she was worried because none of her family members had ever been in legal trouble before. She admitted that she had wept at times about the legal threat. Indeed the mother has now said she doesn't want her daughter joining any more extracurricular activities.

Wanpen joined camp activities between August 28 and 30 this year, during which she helped with the production of a TV report. ThaiPBS aired it on September 1.

According to Thung Kham Ltd, Wanpen said, "Huai River is affected by gold-mining industry. The river is now contaminated, thus not drinkable anymore" in the report.

Sor Rattamanee Phonkla, CRC coordinator and lawyer, revealed yesterday that she had already talked to Wanpen over the phone.

"On Saturday, our lawyer will also visit her in her hometown to provide guidance," she said.

Sor Rattamanee said the TV "scoop" in fact focused on community rights and was largely not specific about her allegations.

In Loei, many local people have expressed moral support for the girl.

One of them disclosed that the mining firm had sued several locals already after they campaigned about community rights.

A representative of Rak Ban Kerd Group said his group would go along with Wanpen to the Loei Juvenile Observation and Protection Centre on December 21 in order to provide moral support.

Thung Kham Ltd has already filed suit against Thai PBS and related figures over the report, seeking compensation of some Bt50 million. The Criminal Court is scheduled to hear that matter on March 21.

Source: http://www.nationmultimedia.com/national/Mining-firm-seeking-to-sue-schoolgirl-15-30274935.html


-- The Nation 2015-12-15

[onetime]

This is exactly why the defamation laws in this country need to be overhauled. The laws, as they stand now, only give leverage to people to use them in nefarious ways.

A 15 year old girl rendered what was probably an accurate an opinion about something that is hurting the environment, and a large company, with a little dictionary, wants to show the little girl who's in charge. Pathetic! Or maybe I should say; that's so ghetto...

[Chang_paarp]

This will do marvelous things for the company's reputation, the law suit not the TV report.

Out of interest why didn't they sue the TV station that broadcast the alleged liable? Not up to taking on someone with real resources?

[tbthailand]

defamation laws, LM, Computer Crimes Act, ... all of these laws are designed exclusively as tools for the powerful to abuse the less powerful and crush dissent & opposition to their will when they do.

Shame on Thailand for allowing this to continue. Maybe this case will be so abusive as to make people wake up.

[Bluespunk]

Mining firm scum.

[NongKhaiKid]

Who is the biggest child here, the 15 year old or the company ?

[shirtless]

Defamation laws in Thailand are by nature designed to keep the peasants quiet, Its a joke

[Somtamnication]

By the time this is over, her family will own all the gold. Don't worry.

[Ricardo]

This will do marvelous things for the company's reputation, the law suit not the TV report.

Out of interest why didn't they sue the TV station that broadcast the alleged liable? Not up to taking on someone with real resources?

"Thung Kham Ltd has already filed suit against Thai PBS" in the OP.

IMO a gold-mining company should stick to making money from mining, not by suing kids, instead.

By such legal action a company might give the no-doubt-false impression, that it might want to stifle protest, or that there might be something to hide.

[NongKhaiKid]

Who is the biggest child here, the 15 year old or the company ?

Just think this attitude isn't confined to the mining company it's standard issue throughout LoS.

People will tiny minds are ' running ' the country, are in charge of all sorts of companies and organisations and in general society there's those who insist on being treated as ' sombodies '.

In another thread a police officer is told he's being investigated for alleged rape and responds by shooting three colleagues.

Face and class distinction etc are ingrained and will never change and LoS will never progress. I won't suggest what it will take for genuine change as it's illegal to even think it.

Edited December 15, 2015 by NongKhaiKid

[z42]

It'll no doubt be thrown out of court. But this brave young girl will almost certainly never speak up again in future.

The mine company is the lowest of the low. They themselves should be fined and ordered to compensate the girl when its found she did nothing wrong

[Squeegee]

Dispicable people. I hope they get bankrupted or investigated for corruption. Good luck to the little girl.

[KMartinHandyman]

Test the river water. Either she's right or wrong.

Sent from my iPhone using Tapatalk

[FourAces]

Resource companies that operate in developing countries, are self regulating, as they have already made the required payments to operate as they wish.

The comany is only interested in production and profits, they have no concern in with the environment, health and safety of the local workforce or the welfare of the surrounding comunities and niether do the leadres of that developing countries

[BSJ]

The mining company has a bad reputation already! Going after a 15 year old girl.....sick!

In my village in Noen Maprang district the battle is on to stop a mine in hill country above the village. Not only is there a wat on the land but it is a big part of the watershed the village depends on for our water supply.

It's interesting how many government flakes have come to meetings in support of the proposed mine.

[sharecropper]

Does anyone know if there are any foreign shareholders in this company?

[chrisrazz]

This mining company and it's practices need to be investigated, though, like many companies it has directors with connections so I'm not holding my breath. Try searching through the TV back catalogue for stories on this place. Incidentally, I met the chief engineer on one occasion a few years ago, he was a Kiwi who also worked on a mine in Laos.

[waldroj]

Junta-head should engage the team from TKL as consultants for his Bring Happiness campaign (or, he could intercede on the girl's behalf).

As identified by KMartinHandyman, the key question (that seems to be unanswered yet) remains, is the water from the Huai River affected by the gold mining activities?

Whilst I would hate to think so, if it were, you can only imagine how TKL will react.

[Emster23]

I'd like to see her get some sort of freedom of press award from international group. Guess she is too young to know you dare not piss off the powerful, or brave enough not to care. How about having daily video posted of management drinking large pitchers of water from that river, without tricks.

[LannaGuy]

Typical 'Thainess' concentrate on destroying the messenger instead of investigating if it's true. If such feudal laws were allowed to persist in Europe or America there would be no uncovering of scandals like Thalidomide etc.

It's an utter, utter disgrace and very frightening for the 15 year old and how dare the 'system' be allowed to bully and harass like this. Freedom of the press? about 5% i'd say at most

[MZurf]

It'll no doubt be thrown out of court. But this brave young girl will almost certainly never speak up again in future.

The mine company is the lowest of the low. They themselves should be fined and ordered to compensate the girl when its found she did nothing wrong

"It'll no doubt be thrown out of court."

I wish I could share your optimism. Unfortunately, money talks and morals walk in this country.

[arrowsdawdle]

defamation laws, LM, Computer Crimes Act, ... all of these laws are designed exclusively as tools for the powerful to abuse the less powerful and crush dissent & opposition to their will when they do.

Shame on Thailand for allowing this to continue. Maybe this case will be so abusive as to make people wake up.

When they wake up they will go right back to sleep because they will recognize it as institutionalized inequality that is at the very core and fabric of Thailand and Thainess.....Sakdina.

[NongKhaiKid]

" Morning NKK, lovely day isn't it ?

I refuse to answer on the grounds i may incriminate myself.

Meeting your pal for a beer today ?

I refuse to answer ... etc

Why won't you answer me ?

I refuse to answer on the grounds I may incriminate myself.

[JAS21]

KMartinHandyman, on 15 Dec 2015 - 07:10, said:

Test the river water. Either she's right or wrong.

Sent from my iPhone using Tapatalk

Unfortunately ... I don't think it matters even if she is correct. That fact that something bad was said against the company is all that matters. Strange laws in this country.

[Time Traveller]

This is exactly why the defamation laws in this country need to be overhauled. The laws, as they stand now, only give leverage to people to use them in nefarious ways.

A 15 year old girl rendered what was probably an accurate an opinion about something that is hurting the environment, and a large company, with a little dictionary, wants to show the little girl who's in charge. Pathetic! Or maybe I should say; that's so ghetto...

This is not the reason they need to be reformed. This is an example of why they were written - namely a victim that actually may lose money based upon unfounded allegations. It's a little different than defamation by slandering someone as an SOB

[Caveat Emptor]

" Morning NKK, lovely day isn't it ?

I refuse to answer on the grounds i may incriminate myself.

Meeting your pal for a beer today ?

I refuse to answer ... etc

Why won't you answer me ?

I refuse to answer on the grounds I may incriminate myself.

I like it but in this twisted country these days imagine being asked if you like dogs and saying no. LM charge because The King does and loves him ?

[dominique355]

Maybe someone should sue Thung Kham Ltd. for attempted murder by poisoning the water.

[Enoon]

This would not be of much interest ouside of Thailand if she was 25 or 45.

But a news editor might think this was close enough to Malala Yousafzai territory, given the issues about the nature of the "state" of Thailand that it highlights.

Maybe a "stringer" will pick it up.

[klauskunkel]

Wanpen said, "Huai River is affected by gold-mining industry. The river is now contaminated, thus not drinkable anymore" in the report.

If this is all she said, then I think she has grounds for a counter-suit, since she didn't name a specific company.

[billphillips]

Test the river water. Either she's right or wrong.

Sent from my iPhone using Tapatalk

Regrettably and ridiculously the law here makes no provision for the deformation being true or fabricated. The simple act of writing or saying something derogatory about a company, group or individual is deemed defamatory and is a criminal act. Using a computer to defame is also a separate criminal act. Take care when posting, commenting or even speaking on something that may be obviously apparent to all, if it's derogatory to someone ... in the LoS it's a crime!