Samui Times Faces Libel Charge For Labeling Koh Tao 'Death Island'

[digger70]

Freedom of speech comes to mind so is ,the truth hurts ,also ,hey can't handle the truth.

What has the Governor to hide /feeling guilty about ? 

[JLCrab]

Thai Civil and Commercial Code
OBLIGATIONS TITLE V TORTS CHAPTER I
Section 423. Slander and Libel
A person who, contrary to the truth, asserts or circulates as a fact that which injurious to the reputation or the credit of another or his earnings or prosperity in any other manner, shall compensate the other for any damage arising therefrom, even if he does not know of its untruth, provided he ought to know it.

(Thailand) Criminal Code SPECIFIC OFFENSES TITLE XI
OFFENCE AGAINST LIBERTY AND REPUTATION

Section 328. Defamation by Publication
If the offence of defamation be committed by means of publication ... the offender shall be punished with imprisonment not exceeding two years and fined not exceeding two hundred thousand Baht.

***

From the Khaosod article linked in Post #1:

“False accusations and distorted news coverage has caused a negative image to the tourism sector in the province,” Uaychai was quoted as saying by Matichon. “As the provincial governor, I represent someone directly damaged by this.”

So I guess it would just be a matter of how this person claims he was directly damged by the Samui Times

Edited July 5, 2017 by JLCrab

[DiscoDan]

An article on how  journalists should be impartial. 

 

http://www.mediahelpingmedia.org/training-resources/editorial-ethics/238-impartiality-in-journalism

[Mickmouse1]

We are all now so scared we will call it the macabre  island ?

[khunPer]

5 hours ago, 12DrinkMore said:

Killings on Koh Tao go back at least to 2001 (?) when Mr Ban (owner of Ban's Diving) was shot and killed in public by a contract gunman.

 

Presumed another local business owner was unhappy. But the case was never solved.

Interesting – was Mr. Ban a foreigner..?

[bannork]

30 minutes ago, khunPer said:

Interesting – was Mr. Ban a foreigner..?

Killing of business rivals is sadly common in Thailand. Who can remember the killing of a German operator (was he selling pizzas, I forget?) on Ao Nang beach way back in the 1990s or early 2000?

[khunPer]

7 hours ago, rockingrobin said:

The label goes back to at least Jan 2015.

PM sent

Many thanks for bringing this to attention; and also thanks for the PM.

 

As said in my earlier post, it was not a scientific or complete search, just looking for approximately when the mentioning of "death island" in connection with Koh Tao began, and if it clearly was Samui time that invented the expression, or – as they say – reporting that others mentioning Kon Tao as death island. 

 

I have no relation to Samui Times, or trying to favor them; I even sometime think they have little too negative glasses on when reporting, but that may just be that they make critical journalism, and different opinions.

 

With the more specific January 2015 Google search, i.e. narrowed down to 1/1/2015 to 2/1/2015, some additional "death island" results appeared instantly:

 

3rd January 2015, an Opening Post in Reddit Thailand forum...

»Frenchman found hanged on Koh Tao - The Island of Death (samuitimes.com)«

– the title link to Samui Times and an article there with the headline "French man found hanged in Koh Tao with his hands tied behind his back – foul play suspected"; however the article (as it appears today) don't mention anything about "death island" or "island of death".

 

22nd January 2015, a poster in ThaiVisa Forum...
»Another one for death island. When is the junta going to do something about this place? Moreover, when are tourists going to stop going there...«

 

28th January 2015, an Opening Post in Lonely Planet's "Thorn Tree forum"...

»Another tourist gone missing on Koh tao
according to ThaiVisa forum.
Perhaps tourists travelling alone should not go there, and if with someone don't go off on your own. It's become "death island" recently.«

 

So far it seem like first appearance of "death island", or like, is January 2015, either the 3rd in Reddit, or the 22nd in ThaiVisa – perhaps some other posters a more information..?

 

[tukkytuktuk]

[JLCrab]

In terms of the prospective lawsuit, it would really make no difference who coined or who else used the term 'Death Island'. That the SamuiTimes has repeatedly suggested that deaths other than 2 in SEP 2014 were under suspicious circumstances may be enough to make a case that they were directly jeopardizing the economic interests of damaged persons on the island.

Such as "Since we know about the history of Koh Tao with murdered and disappearing young tourists this case has at least a faded smell… " * which could very well be interpreted to suggest that there have been murders other than the 2 in SEP2014.

* http://www.samuitimes.com/yet-another-girl-dies-strange-circumstances-koh-tao-desperate-mother-looking-information/

[bannork]

55 minutes ago, tukkytuktuk said:

 

The news reader says the family of Elise no longer have any suspicions about her death. 

Edited July 5, 2017 by bannork

[JLCrab]

"Samui Times Responds to News Reports they are being Sued"

http://www.samuitimes.com/samui-times-responds-news-reports-sued/

[observer90210]

Well if all is cleared in Koh Tao, we can go back, party, booze and get the willy serviced with some fine young ladies out there again?

[Khun Han]

7 minutes ago, bannork said:

The news reader says the family of Elise no longer have any suspicions about her death. 

 

Based on what statement by Elise's family? In the last statements I saw from her mum, she was calling it murder.

 

[khunPer]

32 minutes ago, JLCrab said:

In terms of the prospective lawsuit, it would really make no difference who coined or who else used the term 'Death Island'. That the SamuiTimes has repeatedly suggested that deaths other than 2 in SEP 2014 were under suspicious circumstances may be enough to make a case that they were directly jeopardizing the economic interests of damaged persons on the island.

Such as "Since we know about the history of Koh Tao with murdered and disappearing young tourists this case has at least a faded smell… " * which could very well be interpreted to suggest that there have been murders other than the 2 in SEP2014.

* http://www.samuitimes.com/yet-another-girl-dies-strange-circumstances-koh-tao-desperate-mother-looking-information/

That's a fair point of view – perhaps critical journalism has gone a bit too far.

 

On the other hand, and I'm especially thinking of the last instance, the authorities' effort to keep the death of a foreigner away from the media, makes it suspicious after the various cases during the past few years. That move accelerated the interest in "something mysterious", which they wish to hide. Also as her mother seemed to have doubts...

 

However, it seem like authorities before have tried to close media interest in deaths, or rather accidents. A Thai friend working as tour guide in one the major tour companies, said that they sometime (he actually said "often", and most probably talked in general among the various tour-boat operators) have accidents with tourists, and someone drowning, among the guests touring from neighboring islands (i.e. Phangan and mainly Samui) to Koh Tao, and the three cliffs, "koh Nangyouan" marine park at north. Often Chinese (lots of Chinese groups are heading for Nangyouan), he told, but they (the authorities?) close the news, so it's not reported. Not that it's anything mysterious – accidents, perhaps bad swimmers, or people that think, they can perform better than they actually can – but rather not to feed more cases and bad reputation into the news-stream. I cannot say if it is so (true), just say what I've heard.

 

We may not hear about all accidents in the news...

[JLCrab]

The reply from the SamuiTimes linked above seems to have no specific reference to the libel laws as they are in Thailand.

[DiscoDan]

5 hours ago, joecoolfrog said:

Yes its extremely safe , just that a disproportionate number of people die there.

what 2.33 people a year ? 

 

 

[sanemax]

8 minutes ago, DiscoDan said:

what 2.33 people a year ? 

 

 

Those are suspicious deaths , not just ordinary deaths

Suspected murder deaths

[IAMHERE]

"Her body showed no sign of a struggle, the spokesman said, and the tourist had a record of attempting to kill herself."

How would they decide that when her face was so eaten by a lizard that her identification had to be made with dental records. 

[metisdead]

Off topic posts and replies have been removed.  This is not an invitation for re-hashing the DNA tests in the previous Koh Tao case.  

 

Posts containing links to Thai language news sites have been removed.  

[JLCrab]

20 hours ago, sn1per said:

I'm not sure where I saw this picture before, but I've got a feeling that it's gonna be Samui Times homepage soon

The  SamuiTimes response says it is surprised that " ... the Thai authorities have failed to check the logistics of the Samui Times and discover the company is not registered in Thailand. "

 

http://www.samuitimes.com/samui-times-responds-news-reports-sued/

 

But their advertisers mostly are in Thailand and I don't know that they would be happy if judgments went against the SamuiTimes or they failed to respond to subpoenas to appear in Court, etc. and Thailand responded with the above green

 

 

[tukkytuktuk]

Samui Times has done nothing wrong. Far worse articles published in the international media.

[Khun Han]

20 hours ago, JLCrab said:

The  SamuiTimes response says it is surprised that " ... the Thai authorities have failed to check the logistics of the Samui Times and discover the company is not registered in Thailand. "

 

http://www.samuitimes.com/samui-times-responds-news-reports-sued/

 

But their advertisers mostly are in Thailand and I don't know that they would be happy if judgments went against the SamuiTimes or they failed to respond to subpoenas to appear in Court, etc. and Thailand responded with the above green

 

 

 

If the Samui Times doesn't physically exist in Thailand, nor is it a legal entity in Thailand, there is nothing to sue in Thailand. The case would have to be brought in the country where the Samui Times is a legal entity (the UK). The chances of that case succeeding would lie somewhere between bob hope and no hope. This is why we are not hearing about any case being presented to court.

 

Of course, the Thai authorities could apply informal pressure on Samui Times advertisers, but this would have no legal standing. And said authorities could proscribe the Samui Times website in Thailand, but that wouldn't target the readers the Thai authorities don't want reading this stuff.

 

Personally, I think this is an own goal by the Thais. If you're going to run cover ups, as they routinely do on Koh Tao, it's best to take the associated flak on the chin stoically, rather than attract more attention to yourselves by bleating loudly.

[JLCrab]

The Governor and his legal advisers will maybe take your astute legal advice under consideration.

Nearly all the SamuiTimes advertising revenue is local and if the local audience cannot access the website they cannot see the ads and it makes no difference where the SamuiTimes has its incorporation of convenience.

Edited July 6, 2017 by JLCrab

[tukkytuktuk]

If a libel case is filed against Samui Times, how can the general public find out? Is there a database of libel suits filed daily on the internet?

[Khun Han]

55 minutes ago, JLCrab said:

The Governor and his legal advisers will maybe take your astute legal advice under consideration.

Nearly all the SamuiTimes advertising revenue is local and if the local audience cannot access the website they cannot see the ads and it makes no difference where the SamuiTimes has its incorporation of convenience.

 

I don't care whether the Thai authorities take my advice or not troll. They've shown no sign of astuteness so far.

 

Whether the Samui Times needs advertising to keep publishing is debatable. I suspect it's a cottage industry, and would be kept going as a crusade against Thai corruption.

 

Like I said, an own goal by the Thais.

[JLCrab]

The governor has said that they would show in a case specific economic harm directly attributable to the SamuiTimes.. They may also file charges under the Computer Crimes Act.

That the SamuitTimes and others feel that Surathani government cannot file a suit against a company with a non-Thai registration is a joke. They can file in their own jurisdiction and if the defendant chooses not to respond they forfeit and the Court can then impose damages against any assets or other remedies.

[007cableguy]

The fact you have to go back 16yrs to find a shooting in a country with one of the highest gun crime rates in the world, just shows how safe Koh Tao really is.

Yet there is someone who is still wondering around K.T without a care in the world who shot someone in cold blood!... I care to differ!

[Khun Han]

1 hour ago, JLCrab said:

The governor has said that they would show in a case specific economic harm directly attributable to the SamuiTimes.. They may also file charges under the Computer Crimes Act.

That the SamuitTimes and others feel that Surathani government cannot file a suit against a company with a non-Thai registration is a joke. They can file in their own jurisdiction and if the defendant chooses not to respond they forfeit and the Court can then impose damages against any assets or other remedies.

 

This govenment and it's goons/hangers on/ supporters have shown that they can just make it up as they go along when they want to. Whether they want to in this case is open to question. I suspect they're not too sure themselves, and that this is more bully and bluster than anything else.

 

On the subject of imposing damages or other remedies, they will have to go through UK courts for any satisfaction. All I will say about that is: .

[JLCrab]

This is the Samui Times media kit -- They be might be pleased to hear you refer to it as a cottage industry.

http://www.samuitimes.com/samuitimesmediakit.pdf

Maybe they have bank accounts in Thailand for their advertisers remit and maybe not. But if the Thai government by order of a Thai Court wants to block ST on all Thai ISP's, then that would cut off the bulk of their advertising revenues and they would not need a UK Court's permission to do so.

Anyone has the right to sue anyone from anywhere in their home jurisdiction. Whether the judgment can be enforced is another matter. It is just how vulnerable a defendant may be in the jurisdiction of the suit.

All I've talked about is what they they can if they so choose do under Thai law. You are the one who is waxing as to that they can't do or would be ill- advised to do. A Major newspaper here in Thailand has referred to any potential lawsuit as a farce. And so what?

[DiscoDan]

If there was a newspaper saying the Burmese were guilty all the time  and we later found out it was run by Nomsods Mum you lot would have a field day, but when it's the other way round silence, what hypocrites.