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Hotel guest in Thailand jailed for defamation after posting bad online reviews

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Re: Hotel guest in Thailand jailed for defamation after posting bad online reviews

#91
post #69

Earlier quoted context omitted.

Is it true in any first world countries? As far as I am aware publishing anything that is true is always fair game. The very definition of libel (and slander) is that something untrue has been published or said. I’m not aware of a first world/non-dictatorship that treats either libel or slander as a crime or where “it’s true” is not a defense [in a civil case]. This is a good article on the history of the issue: http…

It's generally true in most countries, since libel laws extend to keeping private matters private since many things can damage a person's reputation even if they are true. For example, a British Lord's Nazi fetish. In the US, the publication of private matters is a separate tort, invasion of privacy. For IOP, truth is not a defense. Or another way of looking at it: libel is a narrower tort in the US than it is in the…

Truth is an absolute defense to libel in the UK. And pretty much everywhere else in Europe, AFAIK.

Some European countries do have quite strict privacy laws, so a newspaper which obtained the material in a questionable way might have to be cautious (see the News International hacking scandal, for instance).

Re: Hotel guest in Thailand jailed for defamation after posting bad online reviews

#92

Earlier quoted context omitted.

Well, being dick shouldn't put you in jail.

There's a difference between being a dick, and trying to negatively affect a business's revenue with multiple, fabricated negative reviews posted over several weeks. Over the fact you didn't want to pay corkage for bringing in outside alcohol (a pretty normal thing).

Is that really the level of being a dick that should land you in a foreign prison?

Re: Hotel guest in Thailand jailed for defamation after posting bad online reviews

#93

Earlier quoted context omitted.

It's generally true in most countries, since libel laws extend to keeping private matters private since many things can damage a person's reputation even if they are true. For example, a British Lord's Nazi fetish. In the US, the publication of private matters is a separate tort, invasion of privacy. For IOP, truth is not a defense. Or another way of looking at it: libel is a narrower tort in the US than it is in the…

> For example, a British Lord's Nazi fetish What case was this? Are you sure you're not talking about the Max Mosley (the former racing driver/FIA boss) case against News Group? Because that was a breach of privacy case, not a defamation one.

No, the other case happened around the same time or earlier but involved a member of the House of Lords with a fetish for Nazi-themed swingers' orgies.

It was a huge deal for a few weeks, and then it disappeared. I only remember it because my Torts professor brought it up in class during the defamation lecture as an example of the differences between US and UK defamation law.

Re: Hotel guest in Thailand jailed for defamation after posting bad online reviews

#94
post #32
post #10

Earlier quoted context omitted.

The issue was not so much rating as content of comment. In particular they took offence over his claim they engaged on modern day slavery. That particular comment was taken down cause it broke site guidelines.

It's just a figure of speech. What's so gravely offensive about it?

I mean, it’s at least arguably an allegation of a crime. I wouldn’t be a fan of criminal libel still existing, but that’s a case where it might be appropriate for the hotel to take a civil libel case, assuming it’s unfounded.

Re: Hotel guest in Thailand jailed for defamation after posting bad online reviews

#95
post #29

The part near the end of the article is confusing. >While this reaction by the hotel does sound excessive I’d give them the benefit of the doubt that this guest behaved like a total idiot while at the property and then turned around with very unflattering descriptions and manufactured truths aka lies about this resort. He then refused to discuss the matter with the hotel and instead of stopping even accelerated his o…

lol YES. It's like Americans don't understand that sometimes staying alive is more important than doing what's right. Especially for something like a hotel review.

Re: Hotel guest in Thailand jailed for defamation after posting bad online reviews

#97
I mean, it's reasonable if it is true defamation. I'm not sure how Thailand's legal system is structured, I think in a lot of places it would be unusual for a defamation case to result in arrest except for contempt of court.

Not that I generally have high hopes for Thailand's judicial independence from private and political interests, so who knows.

Re: Hotel guest in Thailand jailed for defamation after posting bad online reviews

#100
post #89

Earlier quoted context omitted.

In the article it states that the hotel guest violated the hotel policy of bringing alcohol on premise. So the guest seems to have broken the rules and then lied about it, which in Thailand is a serious crime. Yes, the punishment is excessive but not sure how the guest is “right”. Your comment is cherry picking the later section while ignoring the beginning, it seems. > According to media reports the whole drama init…

>Yes, the punishment is excessive but not sure how the guest is “right”. >Your comment is cherry picking the later section while ignoring the beginning, it seems. I didn't claim that the guest was right. In my original comment, the only mention of "right" was in a hypothetical.

With all due respect, you’ve edited your comment, deleting the section I responded to. Thankfully @indy quoted your original text.

>What's he trying to say? That even if you're right, you shouldn't write a bad review because the justice system is corrupt and you're going to end up in jail anyways?

I mean, what’s the purpose? It’s just a forum and you had an opinion. Either defend it or say “whoops, sorry, had a bad day and jumped to a conclusion”. We’ve all been there; At least I have.

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