Defamation suit hits veteran BBC correspondent for reports on fraud

[Bangkok Barry]

As they say a fool and his money are easily parted …needless to say there are many many fools in Thailand, they burnt me once, but never again …I give this country nothing

I shudder when is see people paying 10, 20, 30+ million for a house

Now if the country wants to regain face on an international level then there really is only one thing it can do, the world is watching, and there are several high profile cases out there.

Actually, the world really doesn't care about Thailand, a little backward country that offers absolutely nothing to a world it has difficulty communicating with due to its poor language skills.

[SOTIRIOS]

....sadly that is the only way they can deal with reality......

...very psychologically unhealthy.....

...pathological in fact......

[Bangkok Barry]

I'm actually very surprised that ANY foreign news outlet still has any people based in Thailand. Far too dangerous when you can be jailed for reporting the truth. Better to be based in Singapore to report regional news, surely.

[monty1412]

While this defamation law is in force it will always be used by criminals to cover up their crimes or exact a measure of revenge on someone who writes about them.

Yes it will. Just as it will always be used by people who have been defamed or libelled or slandered. Evil and nasty and brutish and outlaw people use every law. So do law-abiding citizens.

For example, in this case, the journalist could sue the lawyer if he believes the lawyer is slandering him or libelling him in the lawsuit - which it sort of sounds like he is.

It's a law that appears to have been designed to make people keep their mouths shut and silence journalists.

The law itself wasn't designed, it was copied. If you are from the UK or Europe or North America you will be quite familiar with it.

BUT there is one huge difference in that it is both a civil and a criminal law. The language and the provisions of the law are straight out of British law. It's the penalty phase that makes it (I think) unique to Thailand. Until then, you get to charge/defend just as you would anywhere.

Help me out on this..... I dont know the derivation of the Thai defamation law but isn't their a quirky slant to it .. even if what you say is true unless its seen to have saved others from similar grief then its defamation or something like that ???

[does]

Just a gentle reminder: This is Thailland, not the UK, the US, France or any of the other countries from which most TV reader originate. If you don't like the "system", feel free to leave. I for one would never want to live in the US as I have too many "gripes" about the US system.

And if you think Mr Head is an objective, impartial journalist who has not developed a certain disdain for Thailand after being here so many years, well, then we simply have an honest disagreement.

My throught entirely, but I would add that Mr Head should be "rotated" after so many years here...

Although I am no great fan of Mr Head for his skewed, unsided reporting on the political crisis pre-coup, I am with him on this one.

It seems that foreign journalists in Thailand just cant win.Relative newcomers are told they cant possibly understand Thailand's unique politics.Those who have been here long enough to have acquired knowledge and experience are told they should be "rotated".

Basic message seems to be as I noted earlier is that foreign journalists are not encouraged to deviate from the approved narrative.

[never me]

As Thailand seems so pledged to keep its image to the world then having cases like this and others, does nothing but make people abroad look at it and laugh. Its image is not seen in a positive light and with the world glued to social media, it will not be able to stop the ridicule from this story. When will it learn!

NEVER.........they have their head stuck in the sand,

[jayboy]

Just a gentle reminder: This is Thailland, not the UK, the US, France or any of the other countries from which most TV reader originate. If you don't like the "system", feel free to leave. I for one would never want to live in the US as I have too many "gripes" about the US system.

And if you think Mr Head is an objective, impartial journalist who has not developed a certain disdain for Thailand after being here so many years, well, then we simply have an honest disagreement.

My throught entirely, but I would add that Mr Head should be "rotated" after so many years here...

Although I am no great fan of Mr Head for his skewed, unsided reporting on the political crisis pre-coup, I am with him on this one.

It seems that foreign journalists in Thailand just cant win.Relative newcomers are told they cant possibly understand Thailand's unique politics.Those who have been here long enough to have acquired knowledge and experience are told they should be "rotated".

Basic message seems to be as I noted earlier is that foreign journalists are not encouraged to deviate from the approved narrative.

No it's not an honest disagreement.It is an ignorant and childish (if you dont like the system go home etc) rant on your part.

You seem ludicrously unaware what the "system" is.

Your comment that JH has disdain for Thailand is a lie.

More particularly - though I concede as a result of your stultifying ignorance rather than malice - you insult the millions ofThai people who want a better and more democratic future.

[JAG]

To all the expats who lives in Thailand for a while now, the truth is plain to see, lawyers in Thailand

are a nothing but a Bunch of crocks with a diploma, and I'm speaking from personal and costly experience....

however, it up to the defended now to prove a crock to be a crock, I hope he will succeeds in

doing so...

Name 1 lawyer in the rest of the world that is not the same??

No ethics

No morals

No standards

Just thiefs. And great liars.

That's why so many of them go into politics!

Why don't sharks bite lawyers?

Professional courtesy!

[Veeke]

While this defamation law is in force it will always be used by criminals to cover up their crimes or exact a measure of revenge on someone who writes about them.

It's a law that appears to have been designed to make people keep their mouths shut and silence journalists.

A sign of feeble democracy - weaker in taking criticism - stronger in silencing exposure

[lucky11]

They will do anything to stop "Freedom of speech"

Freedom of speech has its limitations.

You cannot just go around saying what you like - if it is a pack of lies being told and this impacts on your life negatively in some way as a direct consequence of what was said, then that is not acceptable (even if you are a journalist or reporter). Many a life has been ruined through false accusations being made - even if they are proved to be wrong later, as here say has a habit of sticking and can follow you around for years.

What if you lose your business over someone spreading false rumors as to how it is being run (in terms of legality or morality for example) or you are wrongly accused of rape.

I'm afraid there are boundaries and rules when it comes to freedom of speech and rightly so.

[tomacht8]

In this context, any questions should be how the business with the land, Houses and Beach Villas is really running.
There are yet lawyers who sell these semi-legal business structures.
Even with this company structures must be at least 51% of the capital in Thai hands.
These are then often stooges, provided by dubious lawyers.
After that, contracts are signed, which transferred the company voting rights of the Thai nominees to foreigners.
These lawyers help here active, with contracts to circumvent existing laws.

From any house or land purchase with this semi-legal business structures with the help of this dubious lawyers who also often associated with the so called house “developers” is strongly discouraged.

If a developer or lawyer says:
“House or land purchase in Thailand are without problems”
Run!

It's a shame that this shysters, have here the opportunity to perform a defarmation lawsuit against those reporters which inform about these pitfalls.
Actually, these developers, home sellers and dubious lawyers would have to be brought to justice, which operate with this illegal practices.

[JAG]

Just a gentle reminder: This is Thailland, not the UK, the US, France or any of the other countries from which most TV reader originate. If you don't like the "system", feel free to leave. I for one would never want to live in the US as I have too many "gripes" about the US system.

And if you think Mr Head is an objective, impartial journalist who has not developed a certain disdain for Thailand after being here so many years, well, then we simply have an honest disagreement.

My throught entirely, but I would add that Mr Head should be "rotated" after so many years here...

Although I am no great fan of Mr Head for his skewed, unsided reporting on the political crisis pre-coup, I am with him on this one.

It seems that foreign journalists in Thailand just cant win.Relative newcomers are told they cant possibly understand Thailand's unique politics.Those who have been here long enough to have acquired knowledge and experience are told they should be "rotated".

Basic message seems to be as I noted earlier is that foreign journalists are not encouraged to deviate from the approved narrative.

No it's not an honest disagreement.It is an ignorant and childish (if you dont like the system go home etc) rant on your part.

You seem ludicrously unaware what the "system" is.

Your comment that JH has disdain for Thailand is a lie.

More particularly - though I concede as a result of your stultifying ignorance rather than malice - you insult the millions ofThai people who want a better and more democratic future.

I'm not sure it could be called a "rant", it was after all a mild mannered version of the more usual " If you don't like it leave, and try not let the door hit your ar*e on the way out" jibe.

Non the less, you're correct in that it was ignorant, childish and insulting to the Thais who also wish for a change.

The "if you don't like it go home" corner is invariably occupied by those who cannot tolerate people, Thai or foreign, holding and worse expressing views which do not agree with theirs ( and dovetail with those of the current regime).

Disapproval of Johnathan Head, and calls for his removal are another manifestation of this phenomenon.

As for Johnathan Heads court case, as he is a BBC correspondent I assume they will be backing him. Quite an opportunity for an own goal for Thailand there!

[Jim walker]

Thais are always right and never make mistakes so we will wait with baited breath to see what the honest outcomes are from a Thai court.

[Baerboxer]

Although I am no great fan of Mr Head for his skewed, unsided reporting on the political crisis pre-coup, I am with him on this one.

That's your view and I appreciate Jonathan Head became a hate figure for the myopic mainly Sino Thai urban middle class.However his true offence was to scrutinise the cynicism and deceipt of the unelected elites.These people and the useful idiots in their trail cannot bear any deviation from the approved narrative.The predictable but utterly stupid suggestion that he was sympathetic to Thaksin can be demolished simply by looking at what JH said and wrote.

I have it on the personal opinion of Khun Anand Panyarachun - universally regarded as someone of knowledge and integrity - that JH is a journalist of the highest distinction.

And that's your view. I've read what Jonathon Head wrote and do find him often a little economical when it comes to mentioning past Shin transgressions; and always seemingly choosing words that flatter them.

Quite frankly, with absolutely no disrespect intended to the former PM you want to name drop and impress us with your contact, I doubt he would be a universally known or recognized figure.

If you don't find his work to be sympathetic to the Shin cause, you should perhaps review it without your own bias. But that's not really possible, of course.

However, here he does seem to have fallen foul of Thailand's rather unique defamation laws which is unfortunate.

[gemguy]

You would think, after how many years and how many cases where Thai people frivolously try to fight back and sue other people for having exposed their malfeasance and corruption and illegal and harmful activities or what ever they are exposed on, the journalists would have collectively formed someway or means to stop such desperate lawsuits based on defamation of character....and in the case of the Thais ...loss of face.

The defamation of character and associated Tort Laws exist world wide and adopted by most countries and can be a useful tool to correct a wrong when the violated party is not guilty of any wrong doing and can be proven as so.

Meantime, here in Thailand the Tort laws are used as a means to silence critics or opponents rather than protect people that are unduly and maliciously attacked or publically criticized by way of several forms of documented public media.

The laws are most often used by public figures and or politicians or the elite or the wealthy to stymie the criticisms of their exposed actions or conduct which are most often illegal or in violation of numerous regulations or acceptable social conduct.

Unfortunate the Tort laws here in Thailand carry more weight than the laws that are supposed to stop the wrong doings of people being publically exposed.

If a person of influence or wealth or high social status was caught on camera murdering someone and that video was publically displayed, including scathing criticism of the person perpetrating the crime, then the murderer can launch a defamation of character lawsuit under the Thai Tort laws against the person(s) or any entities that publically displayed the video and published the criticism or public attack of character upon the plaintiffs character or conduct while the defamation lawsuit would supersede the laws pertaining to the heinous act of murder.

That is how twisted the enforcement of the laws are here in Thailand in such cases.

Unfortunately these frivolous and often desperate defamation of character lawsuits are readily accepted by the prosecutors and the courts and the Judges as being more important than the related criminal matters or criminal conduct that is attached to the defamation law suit.

What is needed is the ability to stop the frivolous defamation of character lawsuits at a level where the plaintiff has to prove that the allegations are not true more so than the onus being put on the defense to prove that the allegations are true.

Very few defamation lawsuits are rejected as usually they are initiated by people that have lots of money ...so they can afford to pay for the costs while the lawyers make good money encouraging their clients to press on with the defamation law suit...no matter just how guilty their clients are of any wrong doing.

The legal system concerning Tort Laws here in Thailand is working against the overall legal system and used as a means to silence any criticism or exposure of said wrong doings....perpetrated by the "Evil Wrong Doers"...as President George Bush would say

http://www.alllaw.com/articles/nolo/civil-litigation/defamation-character-lawsuit-proving-harm.html

Cheers

Very well stated gemguy.

You must have been a lawyer, or still are perhaps?

No legal back ground but I had a good friend ( passed away in 2003 ) who had studied law but never obtained his degree to practice law ...but back in the day we would discuss at length about legal matters as law was his passion..."The Rule of Law"..... that is.

Cheers.

[cyberfarang]

As they say a fool and his money are easily parted …needless to say there are many many fools in Thailand, they burnt me once, but never again …I give this country nothing

I shudder when is see people paying 10, 20, 30+ million for a house

My Thai girlfriend and I live in a house owned by her brother. She is constantly nagging me to buy our own property and I am constantly refusing for obvious good reasons. And being a retiree I see no reasons to get married, this way she has no claims over me. She can take it or leave it, I don`t care.

[Pimay1]

As they say a fool and his money are easily parted …needless to say there are many many fools in Thailand, they burnt me once, but never again …I give this country nothing

I shudder when is see people paying 10, 20, 30+ million for a house

My Thai girlfriend and I live in a house owned by her brother. She is constantly nagging me to buy our own property and I am constantly refusing for obvious good reasons. And being a retiree I see no reasons to get married, this way she has no claims over me. She can take it or leave it, I don`t care.

Very wise man.

[Baerboxer]

Just a gentle reminder: This is Thailland, not the UK, the US, France or any of the other countries from which most TV reader originate. If you don't like the "system", feel free to leave. I for one would never want to live in the US as I have too many "gripes" about the US system.

And if you think Mr Head is an objective, impartial journalist who has not developed a certain disdain for Thailand after being here so many years, well, then we simply have an honest disagreement.

It seems that foreign journalists in Thailand just cant win.Relative newcomers are told they cant possibly understand Thailand's unique politics.Those who have been here long enough to have acquired knowledge and experience are told they should be "rotated".

Basic message seems to be as I noted earlier is that foreign journalists are not encouraged to deviate from the approved narrative.

No it's not an honest disagreement.It is an ignorant and childish (if you dont like the system go home etc) rant on your part.

You seem ludicrously unaware what the "system" is.

Your comment that JH has disdain for Thailand is a lie.

More particularly - though I concede as a result of your stultifying ignorance rather than malice - you insult the millions ofThai people who want a better and more democratic future.

Are you, Jayboy, actually resident in Thailand? Sometime ago, IIRC, you said you were in Singapore?

[asean]

Little known clause in Thai defamation law that says. "Even if it was the truth, if that truth was of no benefit to the public then the criminal defamation charge still stands."

Pretty cool hey?

In my opinion that revelation of the truth was of great benefit to the public. The expat public. Do NOT trust all Thai lawyers.

[Baerboxer]

History has many examples of the devices used to silence the exercise of freedom. Those who use such devices are often held accountable by world bodies.

In your dreams. Those who like to control the "world bodies" also only permit freedom of speech that suits them.

Ask Mr. Assange or Snowden.

[Baerboxer]

Little known clause in Thai defamation law that says. "Even if it was the truth, if that truth was of no benefit to the public then the criminal defamation charge still stands."

Pretty cool hey?

In my opinion that revelation of the truth was of great benefit to the public. The expat public. Do NOT trust all Thai lawyers.

I think that's correct. I guess the reason was to stop people saying things, even if true, that would only be of benefit to themselves or hurt others out of spite.

I think you can also claim if you can show what was said has adversely impacted on your business, professional standing etc.; again regardless whether what was said was true or not.

And all that will be decided upon by the judge.

This is why most Thais, I know, are very careful what they say in public, and rarely complain or make adverse comments in public about goods, services, establishments and individuals. Opinions here are not to be expressed as we're used to.

[jayboy]

Although I am no great fan of Mr Head for his skewed, unsided reporting on the political crisis pre-coup, I am with him on this one.

That's your view and I appreciate Jonathan Head became a hate figure for the myopic mainly Sino Thai urban middle class.However his true offence was to scrutinise the cynicism and deceipt of the unelected elites.These people and the useful idiots in their trail cannot bear any deviation from the approved narrative.The predictable but utterly stupid suggestion that he was sympathetic to Thaksin can be demolished simply by looking at what JH said and wrote.

I have it on the personal opinion of Khun Anand Panyarachun - universally regarded as someone of knowledge and integrity - that JH is a journalist of the highest distinction.

And that's your view. I've read what Jonathon Head wrote and do find him often a little economical when it comes to mentioning past Shin transgressions; and always seemingly choosing words that flatter them.

Quite frankly, with absolutely no disrespect intended to the former PM you want to name drop and impress us with your contact, I doubt he would be a universally known or recognized figure.

If you don't find his work to be sympathetic to the Shin cause, you should perhaps review it without your own bias. But that's not really possible, of course.

However, here he does seem to have fallen foul of Thailand's rather unique defamation laws which is unfortunate.

It's a satisfying delusion on the part of many dullards and mediocrities that one man's opinion is as good as another's.It isn't.That's a different matter from saying all should have the right to express an opinion - with which I would agree.

If you can provide some referenced examples of JH's bias, please supply them.Taking all sides seriously does not qualify as bias.

If anybody wishes to read some zany criticisms of JH's work by all means Google "Jonathan Head" "bias" and you will find a splendid article by Tony Cartalucci.That should satisfy you and other fruit cakes out there.Interestingly even the bonkers Cartalucci recognises JH's intelligence and knowledge.

I freely admit to name dropping Khun Anand.We are both Cambridge men and occasionally meet at social functions.The fact that neither you nor your circle of acquaintances appear to understand his significance in recent Thai history pigeonholes you more than you apparently have the wit to grasp.Most Thais understand his significance perfectly.

[tomacht8]

Thailand’s foreign investment drops 78%

One reason is certainly the application, the abuse and the interpretation of the defamation law.

[Jonmarleesco]

'... spreading false allegations about his alleged role in the fraught scheme ...' I'll bet it was fraught ... with what, though?​

[balo]

If Thailand are so worried about what the outside world thinks , maybe they should just disconnect Internet and become N-Korea so all of us would leave for good.

[Jonmarleesco]

Although I am no great fan of Mr Head for his skewed, unsided reporting on the political crisis pre-coup, I am with him on this one.

That's your view and I appreciate Jonathan Head became a hate figure for the myopic mainly Sino Thai urban middle class.However his true offence was to scrutinise the cynicism and deceipt of the unelected elites.These people and the useful idiots in their trail cannot bear any deviation from the approved narrative.The predictable but utterly stupid suggestion that he was sympathetic to Thaksin can be demolished simply by looking at what JH said and wrote.

I have it on the personal opinion of Khun Anand Panyarachun - universally regarded as someone of knowledge and integrity - that JH is a journalist of the highest distinction.

And that's your view. I've read what Jonathon Head wrote and do find him often a little economical when it comes to mentioning past Shin transgressions; and always seemingly choosing words that flatter them.

Quite frankly, with absolutely no disrespect intended to the former PM you want to name drop and impress us with your contact, I doubt he would be a universally known or recognized figure.

If you don't find his work to be sympathetic to the Shin cause, you should perhaps review it without your own bias. But that's not really possible, of course.

However, here he does seem to have fallen foul of Thailand's rather unique defamation laws which is unfortunate.

It's a satisfying delusion on the part of many dullards and mediocrities that one man's opinion is as good as another's.It isn't.That's a different matter from saying all should have the right to express an opinion - with which I would agree.

If you can provide some referenced examples of JH's bias, please supply them.Taking all sides seriously does not qualify as bias.

If anybody wishes to read some zany criticisms of JH's work by all means Google "Jonathan Head" "bias" and you will find a splendid article by Tony Cartalucci.That should satisfy you and other fruit cakes out there.Interestingly even the bonkers Cartalucci recognises JH's intelligence and knowledge.

I freely admit to name dropping Khun Anand.We are both Cambridge men and occasionally meet at social functions.The fact that neither you nor your circle of acquaintances appear to understand his significance in recent Thai history pigeonholes you more than you apparently have the wit to grasp.Most Thais understand his significance perfectly.

Not only name dropping of people, I see.

[mrrizzla]

The thai elite and their farang glee club get wound up because JH asks very relevant questions of them that the local press dare never utter.

[tomacht8]

Be careful when you eat here in a restaurant and the thai owner/manager ask you if the food was tasty.
If you answer his question wrong (even if the food was bad), he could start a defamation lawsuit against you!

[connda]

Nothing like draconian defamation suits to keep everyone in line.

I want the truth!

"You Can't Handle The TRUTH!"

--Col Jessp, A Few Good Men, 1992

[Jools]

Extraterritoriality.....it's an idea whose time has come again. Western embassies must demand it.