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Defamation and Shame & Name


al007

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I am hapily retired living with my wife in Northern Thailand, I also choose to live here and believe those who constantly complain are free to leave

 

Maybe by the nature of my topic this will soon be censored, and if so well OK

 

I am to some extent aware of how dangerous it might be to write or say something bad about someone or a hospital here, and am seeking information

 

How do the newspapers get round these laws

 

If you shame and name, and can prove in court you are factually correct what can happen to you

 

If you were to say, hypothetically, to publish facts that demonstrated gross negligence and name the persons and doctors involved, but give no opinion, and allow the readers to come to their own conclusion , and say nothing bad, what would happen then, you could also say you were publishing to let others see how good the hospital was !!

 

A few years ago I had a lawyer who is not registered with any of the Thai regulatory bodies he gets round this by employing Thai registered  lawyers, I suggested a document that his firm drew up, was maybe not properly registered, he got mad at me, I suggested naming him on the internet, he then threatened me with defamation laws.

 

I decided I was lucky to have seen this side of him, and withdrew, as when I was dead he would probably not treat my wife well, so I found a new lawyer

 

I then decided to complain to his regulatory body, but he was registered no where, either in Thailand or outside

 

We also know the value of human life is low here, and need to be careful, I often jokingly liken living in Thailand to the Wild West 200 years ago, which is my perception as a whacky man!!

 

Some of these things need changing so I believe, and comments on this controversial topic would be appreciated

 

I am a happy contented foreigner living and contributing to the economy substantially here

 

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If you attend a hospital you regard as not up to standard maybe it was a bad day, go somewhere else.

 

If you employ a lawyer that you regard as not up to standard just get another.

 

I would do exactly the same in Thailand as l would in the west, don't see what you are beefing about.

 

 

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1 hour ago, al007 said:

A few years ago I had a lawyer who is not registered with any of the Thai regulatory bodies he gets round this by employing Thai registered  lawyers, I suggested a document that his firm drew up, was maybe not properly registered, he got mad at me, I suggested naming him on the internet, he then threatened me with defamation laws.

 

Many Thai businesses rely on this exceedingly ill-conceived law to stay open. If people were free to make true and verifiable comments about just how bad many Thai companies and "professionals" are (when not totally incompetent or just plain crooked) then many of those companies and "professionals" would shut up shop overnight.

 

If any Thai business or person ever threatens you with the defamation laws, or even mentions them, you should know immediately that you are dealing with totally incompetent people, or worse. Honest and competent people have nothing to fear, but these losers certainly do.

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years ago I met a farang who was a consultant expert in his area of work and he had his own company here in the LOS. He stupidly put his website address on a posting on thai visa. I think he said it was in his footer but cant remember exactly. Anyways, he had a bitch fight with a crazy german guy on thaivisa and the german guy ended up taking him to court. It cost him huge money and stress and went on for ages. Obviously he was unlucky but if you cross the wrong petty type of crazy idiot then you could be in trouble with the defamation laws in this country. 

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Defamation is the act of damaging someone's good name or reputation. In Thailand, truth has no relevance to your defence.

 

It does not matter whether what you say is true or not. If your actions cause a business to lose money, custom or you damage their image or reputation you will absolutely be found guilty. 

 

Use a computer to spread damaging statements and you will be guilty of computer crimes too.

 

You might get away with it, but look at the tinned fruits saga. Do you want to risk all that hardship coming your way?

Edited by blackcab
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years ago I met a farang who was a consultant expert in his area of work and he had his own company here in the LOS. He stupidly put his website address on a posting on thai visa. I think he said it was in his footer but cant remember exactly. Anyways, he had a bitch fight with a crazy german guy on thaivisa and the german guy ended up taking him to court. It cost him huge money and stress and went on for ages. Obviously he was unlucky but if you cross the wrong petty type of crazy idiot then you could be in trouble with the defamation laws in this country. 

Also without that footer they would have been able to find him.

Sent from my ROBBY using Thaivisa Connect mobile app

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Just for the record, in no way am I suggesting using the shame and name tactics, or the internet to be defamatory, about anyone or any organisation whatsoever

 

I am also aware that these rules/laws relate to foreign forums as well if one wants to live peacefully here, there are many foreign journalists who could risk many things, if they ever came to Thailand as a result of what they may have written in overseas publications

 

What is considered normally acceptable in the UK or USA, is governed by different laws and rules here

 

I believe I am pretty well aware of the dangers of such actions, I am also not stupid or irresponsible

 

I am however interested in acquiring more knowledge, like how can under these restrictions, newspapers report things properly, and maybe the answer its they can not

 

I choose to live here and do my best to abide by the laws of the country, as I advise all people so to do

 

I have been advised I have an an extremely strong negligence claim, but as I investigate and learn more, I am beginning to come to the opinion, that pursuing it here, would be longwinded, ( like5/7 yrs, ) could be dangerous, and despite the fact that some substantial monies are involved, just not worth the effort or added stress, sometimes first loss is best loss.

 

I do however keep an open mind, on my course of action, my potential claim has ten months before it becomes time expired, I do not like the rules but I fully accept them and will abide by them

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In Thailand, generally the newspapers don't print the names of businesses.

 

For example, there was a story yesterday that alleged a bank had been selling private data of its customers to call centres. No mention of the name of the bank or the call centre. 

 

And just a reminder - no name and shaming in this thread please or anywhere on Thaivisa for that matter!

 

 

 

 

 

 

 

 

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5 hours ago, Jonathan Fairfield said:

In Thailand, generally the newspapers don't print the names of businesses.

 

For example, there was a story yesterday that alleged a bank had been selling private data of its customers to call centres. No mention of the name of the bank or the call centre. 

 

And just a reminder - no name and shaming in this thread please or anywhere on Thaivisa for that matter!

 

 

 

 

 

 

 

 

 

Yes some very valid points

 

"And just a reminder - no name and shaming in this thread please or anywhere on Thaivisa for that matter!"

 

Again if Thai Visa allowed this no doubt they could also be sued

 

But moving on many of us post on some of the travel sites, like Agoda, Trip Adviser,etc bases outside Thailand,if I apply the laws and rules of Thailand and were to post some negative comments, on sites naming the hotel or restaurant, like bedbugs in the beds or rats running through the kitchens and dining room one could expose oneself to a case of defamation, if living in Thailand

 

These overseas sites want name and shame

 

If I buy from say Lazarda in Thailand and review a product adversely I could open myself to a defamation claim, and claim for using the internet adversely 

 

Be aware this law protects the crooks and unscrupulous

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2 hours ago, sirmud63 said:

just interested to find out , but if you name and shame from outside the country , can they come after you in any way at all?

 

From my research so long as you stay outside the country, probably no, however if step onto Thai soil you could probably  be nailed, the jails in Thailand are not even rated in Trip adviser, and no doubt to be avoided !  !  !

 

Maybe your embassy might give better advice

 

Also you would find no forum or newspaper here in Thailand that would  knowingly carry the story

 

I am not a lawyer or legal adviser but I doubt any court in the UK would grant extradition even if one were found guilty in their absence, well I hope not, but gain better not to put it to the test

 

It would seem to me these laws have a lot in common with the laws that protect the Royal Family

 

My strong views are do not try or push your luck, just enjoy the good things of which there are many and keep your head down

 

 

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You can name and shame as much as you want in thailand as long as you do it from another account and another internet connection, if possible public.

 

The time when Thai business could cheat who they wanted as gone, and you can feel it as soon as you tell the word Tripadvisor at any hotel, suddenly people become a lot nicer...

 

 

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On 11/24/2016 at 0:12 PM, al007 said:

like bedbugs in the beds or rats running through the kitchens and dining room one could expose oneself to a case of defamation, if living in Thailand

I think this is B.S...    most people have anonymous user id name on trip advisor etc. How can anyone provide evidence that a bad review links back to me if I wrote it. No way. 

 

I think OP is not a lawyer and not an I.T guy. 

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