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Police file libel suit against forum for performance criticism


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6 hours ago, smedly said:

they are PUBLIC SERVANTS -  the sooner they realise that the better, actually now would be the perfect moment for the PM to tell them............................YOU SERVE THE PUBLIC - they have a right to criticise your performance and scrutinise absolutely everything you do  - it would also be a good time to create  a public body that does exactly that..............over to you Prayut Chan (O) Cha - how about it, lets form a totally independent (powerful) public body that oversees and the Police and scrutinises everything they do - you want reforms ? ...............this is reform number ONE and should be at the top of your reform agenda

 

Police serve the public and should be the most accountable and scrutinised public body in Thailand - that is how it is in every civilised country in the world

 

The single change that will transform much of what is wrong in this country - the police and accountability to the public

Your correct, they are public servants and the public should have every right to investigate/criticize/scrutinize everything they do...

Unfortunately the junta has made it a crime to criticize them, but shouldn't a legitimate gov't fall under the very same conditions??? 

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2 hours ago, Artisi said:

Not forgetting the dangerous raid on the pensioners bridge club. 

And that 'high end' dangerous  raid by police commando's in desert camouflage uniforms who had to break their way into a suspected short time bedroom. OMG

 the 63 yr old man 'holed up' inside could have been armed with an AK47. However all turned out well as the photographer managed to get in first and positioned himself behind the dangerman just in time to get a full assault phase pic. Another dangerous police raid accomplished.

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It's only libelous if it's untrue. This 'saving face at all costs' needs to be TAUGHT OUT of Society. Personal responsibility and admitting you made a mistake is the only way we learn and move forward. Blaming, sueing, jailing, fighting those who criticize is a fruitless, expensive route that always ends with a spotlight showing how stupid the party is in the first place.  I have seen this sort of behavior for over a decade both here and in China and it's just stupid.

 

Can you imaging if President Trump sued everyone who wrote about him. In his first 4 weeks he'd have thousands of suits going. It's just stupid, childish behavior.

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1 hour ago, aussieinthailand said:

Your correct, they are public servants and the public should have every right to investigate/criticize/scrutinize everything they do...

Unfortunately the junta has made it a crime to criticize them, but shouldn't a legitimate gov't fall under the very same conditions??? 

 

The junta did not make  the defamation laws. They were in existence long before the current government. The previous government, and their predecessors made full use of such laws when it suited. As do organizations and those wealthy enough to use the law as a tool.

 

The issue is that Thai defamation laws are very different to what foreigners are used to. 

 

Having said that,  the judiciary are not necessarily friends of the police, and neither is the MoJ. They will look at the case and rule. Then there will be an appeal, then there will be a final appeal to the Supreme Court. Win or loose - all costs time, money and energy. But the police will be spending public money which may attract the Auditor General. All wheels within wheels, fiefdoms and driven by face and hierarchy. The police chief must be seen to defend his men and officers will expect him to.

 

Until the very culture within society changes, nothing else really will.

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1 hour ago, FitnessHealthTravel said:

It's only libelous if it's untrue. This 'saving face at all costs' needs to be TAUGHT OUT of Society. Personal responsibility and admitting you made a mistake is the only way we learn and move forward. Blaming, sueing, jailing, fighting those who criticize is a fruitless, expensive route that always ends with a spotlight showing how stupid the party is in the first place.  I have seen this sort of behavior for over a decade both here and in China and it's just stupid.

 

Can you imaging if President Trump sued everyone who wrote about him. In his first 4 weeks he'd have thousands of suits going. It's just stupid, childish behavior.

Unfortunately, defamation and/or libel, can still apply even if true, according to Thailand's outdated defamation laws.

 

Section 326. Defamation

 

Whoever, imputes anything to the other person before a third person in a manner likely to impair the reputation of such other person or to expose such other person to be hated or scorned, is said to commit defamation, and shall be punished with imprisonment not exceeding one year or fined not exceeding twenty thousand Baht, or both.

 

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5 hours ago, sjaak327 said:

There are scores of people that not only would do a better job, they would actually serve the people and are accountable to them. Here you advocate that the police should be accountable, yet the PM should not ? One would think that someone so high up the food chain should be accountable. Ask yourself this question if he really meant well for Thailand, why are attitude adjustments needed, why is criticism not allowed ?

 

The answer is, he does not serve the Thai people, he serves an entirely different group of people, and they don't mean well for Thailand at all.

 

Maybe one day you will wake up from your dream and stop ignoring the grim reality of Thailand. The big man is in it to enrich himself and the buddies he serves, people that know Thailand well, know exactly whom his buddies are...

you have "your opinion" and I have mine, read my post again and then tell me who has the power base to achieve the changes needed, there might be lots of people with good intentions but that is not the only thing required - they need to have the powerbase to take on the insanely corrupt and criminals head on, there is a lot of dirty money involved and high powered criminals who have a lot to lose - you consistently fail to grasp this

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15 hours ago, rkidlad said:

Very sad. 

 

Can you ever imagine the police saying "I stand corrected". Childish, petulant and spoiled behaviour. Nothing will get better if you can't debate and criticise. 

The British Police lied for decades about Hillsborough and dozens of others issues including deaths in custody.  They just have better PR and a gullible public

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5 hours ago, jerojero said:

Shame. Royal title not befitting.

Perhaps by having Royal in their name and acting the way that they do, it could be grounds for Lese Majeste charges against the lot of them for damaging the name of the Royal Institution.

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28 minutes ago, brucec64 said:

Unfortunately, defamation and/or libel, can still apply even if true, according to Thailand's outdated defamation laws.

 

Section 326. Defamation

 

Whoever, imputes anything to the other person before a third person in a manner likely to impair the reputation of such other person or to expose such other person to be hated or scorned, is said to commit defamation, and shall be punished with imprisonment not exceeding one year or fined not exceeding twenty thousand Baht, or both.

 

Hopefully, they can argue Section 329!!! 

Section 329. Good Faith Statement

 

A person, in good faith, expresses any opinion or a statement:

  1. By way of self-justification or defense, or for the protection of a legitimate interest;
  2. In the status of being an official in the exercise of his functions;
  3. By way of fair comment on any person or thing subjected to public criticism; or
  4. By way of fair report of the open proceeding of any Court or meeting

shall not be guilty of defamation.

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1 hour ago, FitnessHealthTravel said:

It's only libelous if it's untrue. This 'saving face at all costs' needs to be TAUGHT OUT of Society. Personal responsibility and admitting you made a mistake is the only way we learn and move forward. Blaming, sueing, jailing, fighting those who criticize is a fruitless, expensive route that always ends with a spotlight showing how stupid the party is in the first place.  I have seen this sort of behavior for over a decade both here and in China and it's just stupid.

 

Can you imaging if President Trump sued everyone who wrote about him. In his first 4 weeks he'd have thousands of suits going. It's just stupid, childish behavior.

 

No it isn't. The Thai defamation laws are quiet different to Western countries. Simply proving a comment made was true or fair comment is not necessarily a defense against defamation. The defendant will seek to show it was true, fair and made in the public interest. The prosecutor will seek to show that it was made with the intention of harming or tarnishing their client's reputation. Defamation is also a criminal offense under Thai law in addition to a civil one; and if I remember correctly the onus is on the defendant rather than the prosecutor.

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19 minutes ago, The manic said:

The British Police lied for decades about Hillsborough and dozens of others issues including deaths in custody.  They just have better PR and a gullible public

 

There is always an aura around "the police being always right and telling the truth" in every country. If you can't trust the police...........

 

 

But be serious. Are you really trying to suggest the 43 British police forces are comparable to the BiB ?

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3 minutes ago, Baerboxer said:

 

There is always an aura around "the police being always right and telling the truth" in every country. If you can't trust the police...........

 

 

But be serious. Are you really trying to suggest the 43 British police forces are comparable to the BiB ?

THey are getting there slowly

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How is it that the whole country and his dog can see just how corrupt, lazy, inefficient and useless they are, yet when the obvious is pointed out to them they get all defensive and threaten legal action ?

 

They really do need to pull their collective heads out of the sand put their hands up and admit to their shortcomings and vow to improve the service that they are supposed to provide to the good people of this nation and start going after real criminals, drug barons dangerous drivers etc etc.

 

Respect is earned not given for free because you believe you deserve it. Bunch of planks.

 

 

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10 hours ago, smedly said:

they are PUBLIC SERVANTS -  the sooner they realise that the better, actually now would be the perfect moment for the PM to tell them............................YOU SERVE THE PUBLIC - they have a right to criticise your performance and scrutinise absolutely everything you do  - it would also be a good time to create  a public body that does exactly that..............over to you Prayut Chan (O) Cha - how about it, lets form a totally independent (powerful) public body that oversees and the Police and scrutinises everything they do - you want reforms ? ...............this is reform number ONE and should be at the top of your reform agenda

 

Police serve the public and should be the most accountable and scrutinised public body in Thailand - that is how it is in every civilised country in the world

 

The single change that will transform much of what is wrong in this country - the police and accountability to the public

Gave you a like and a round of applause but sadly nothing will change. Its at best an old boys club and at worst a pension system within the system that hopefully in the end you retire rich from illegal enrichment. Corruption here is like the expansion in the universe. None ending.

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17 hours ago, rkidlad said:

Would just exacerbate things. Going after foreigners who mock them would be like poking a hornet's nest. 

Confidently boasted by someone who has no power, versus someone who has total power with no accountability.  

I suspect you are not a student of how antagonistic foreigners historically have fared under similar systems.    

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2 hours ago, Baerboxer said:

 

The junta did not make  the defamation laws. They were in existence long before the current government. The previous government, and their predecessors made full use of such laws when it suited. As do organizations and those wealthy enough to use the law as a tool.

 

The issue is that Thai defamation laws are very different to what foreigners are used to. 

 

Having said that,  the judiciary are not necessarily friends of the police, and neither is the MoJ. They will look at the case and rule. Then there will be an appeal, then there will be a final appeal to the Supreme Court. Win or loose - all costs time, money and energy. But the police will be spending public money which may attract the Auditor General. All wheels within wheels, fiefdoms and driven by face and hierarchy. The police chief must be seen to defend his men and officers will expect him to.

 

Until the very culture within society changes, nothing else really will.

I didn't say they made the defamation laws, but let me be a little more clear, the junta have made it a crime to criticize the junta.

Attitude adjustment invitations than cn not be refused. click like on things we don't like on FB is a crime.

criticizing the so-called "peoples constitution" is a crime.

It's all well and good to claim you are the anti-corruption champion of the country and at the same time not allowing independent investigation into yourself/family and supporters. There are public servants and should be subject to the same laws as the people.

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46 minutes ago, Golden Triangle said:

How is it that the whole country and his dog can see just how corrupt, lazy, inefficient and useless they are, yet when the obvious is pointed out to them they get all defensive and threaten legal action ?

 

They really do need to pull their collective heads out of the sand put their hands up and admit to their shortcomings and vow to improve the service that they are supposed to provide to the good people of this nation and start going after real criminals, drug barons dangerous drivers etc etc.

 

Respect is earned not given for free because you believe you deserve it. Bunch of planks.

 

 

like I said in an earlier post - the public own the police force - someone needs to make sure they understand that and that they are accountable for every thing they do as public servants ............. to the public, not the other way round

 

Other countries have public bodies that oversee the police and scrutinise every aspect of their job, performance and image, that is exactly what Thailand needs, they might not like it but it is the only answer

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