Whilst not "gay" here's a good reminded to be careful what we say online about Thai businesses perhaps !

[Nirish guy]

Whilst not relating to anything 'gay" below is a story in todays press which serves as a good reminder to us all if we need it to be careful about what we say about Thai people or businesses online in terms of Thailands strict anti-defamation laws. Below is a story of an American leaving ( several) bad ( and possibly false or at least quite harsh) reviews of a hotel he stayed at in Koh Chang and how the hotel after asking him to desist simply pressed charges on him which resulted with him ending up in jail and massive legal problem ( and bill no doubt) now coming his way !


https://www.bbc.co.uk/news/world-asia-54335789

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[Dodger]

Good reminder.

If they ever read what farang have been saying about Immigration over the years they'd need bigger jails.

[Nirish guy]

Absolutely ! :-)

Whilst the above is an interesting case ( and I've no doubt it was the yank who was in the wrong most likely from reading the detail about how he insisted on not paying 500 baht corkage charge for bringing his own wine into their restaurant etc ( and even his own friend apologised to the management for his behaviour it seems) the hotel may have shot themselves in the foot going for the nuclear option here it seems.

Both Trip advisor and Facebook pages have been inundated with people ( yanks) leaving (fake) bad reviews and other nasty comments ( so much so that trip advisor have withdrawn the comments section on their page re the hotel) so whilst the hotel may have gotten their revenge it may come at a higher price in terms of bad PR.

I'm also guessing the powers that be in the government tourism department wont be to well pleased at them either as they LAST THING Thailand tourism needs now is bad PR about Thai hotels being able to get Yanks jailed and left with massive legal bills for simply leaving a "bad review" about their Thai hotel !

I'm guessing this case will be quickly settled out of court if all parties are wise !

[Oliver2]

An English guy reporting the miserable working conditions which foreign workers endured in a canning factory was also victimised.

[Moses]

Thanks for drawing our attention to the news item on the BBC website, NIrish-guy. It’s a timely reminder for those members lucky enough to live in Thailand and for all of us who post on Sawatdee about Thailand’s strict anti-defamation laws. Sadly, it looks like Mr Wesley Barnes has found this out the hard way as, in addition to being sued by The Sea View Resort, it is reported that he has lost his job over the incident and has expressed worries that the publicity his case has generated would make it harder to find new employment.

To protect the Board and its members, the subject of libel, i.e. in law, defamation by written or printed words, pictures, or in any form other than by spoken words or gestures; anything that is defamatory or that maliciously or damagingly misrepresents is covered in our rules at the fourth bullet point of rule 3.2.3, which I have copied below for the benefit of members:

3.2.3 There are some topics that may not be discussed and which may put the Board in jeopardy. These are:

• Making defamatory/libellous statements about any person or organisation.

[arsenal]

So where do we stand with regards to restaurant reviews etc?

[Armando]

This has gone worldwide. The New York Times has a longish article about it.

No-one comes out of this with any credit. The Yank is a jerk. To walk into any hotel restaurant expecting to drink your own bottle of gin without a small corkage payment is the height of stupidity. What's 500 baht split amongst several mates? A reasonable discussion with the F&B manager might have had some merit but an all out argument in a public pace was nuts. Even one of his pals apologised for his behaviour. And then he was even let off the corkage charge.

Instead of thanking the hotel for not charging him a standard charge, the jerk then libeled the F&B manager and the hotel in public reviews. Considering he then flooded sites with reviews that were both libellous and racist, he deserved his fate.

He also makes the ridiculous assertion in that BBC article that "he hopes to resolve the case with the hotel directly." What is there to resolve? The hotel tried multiple times to contact him after the event without success. They even informed him in writing that if he continued to write false reviews they would have no alternative but to take action against him. He carried on his vendetta. So he's doubly a moron.

I have more sympathy with the hotel but in calling in the cops they've shot themselves in the foot. Seems tripadviser left up only one of his reviews. If a hotel cannot stand a negative review even if it is false the manager should not be in the business.

In the end it is Thailand that really suffers. Presumably the powers that be will instruct the cops to let the Yank's case drop. But in drawing world attention to the Defamation Law and how it can so easily be enacted, it may be some time before the negative PR ends. And all this at a time when the country is talking about opening up again for tourists!

[homeseeker]

Can add some more rules about Thailand as well:

i) Insult or argue with "the establishment" here in Thailand at your peril;

ii) there is no such principle as 'innocent until proven guilty'/ or trial by jury;

iii)Thailand is not a democracy/does not have free speech(as Westerners understand that idea)and is ruled by an elite including the military;

iv) it is not for foreigners ie aliens, to publicly comment or change how life and business operate in Thailand....

etc etc

Please feel free to add some more...if you dare!

[goji]

So where do we stand with regards to restaurant reviews etc?

1 From what I see, the gentleman concerned only got into this situation after being very unreasonable and writing more than one review. I would have thought there would be less risk for a single review.

2 I trust none of us use our full names for reviews on Google or Trip Advisor, so traceability would be difficult. I suppose reviews are traceable on Booking.com and Hotels.com. However, I continue to review hotels. Thankfully most hotels are reasonable, but occasionally a hotel deserves and gets a negative review from me.
If there's a problem in a hotel I visit frequently, I ask them to fix it and they usually do so.

[Armando]

1 From what I see, the gentleman concerned only got into this situation after being very unreasonable and writing more than one review. I would have thought there would be less risk for a single review.

He wrote reviews on several sites continually for several weeks. The 'offence' took place in June. The hotel offered to discuss the matter with him. He was informed that if he continued with his stupidity the hotel would have no alternative but to take further action. He did not respond. He has more than deserved his fate.