Hacker News new | ask | show | jobs
by unnameduser1 2091 days ago
There is more to this case. And I’m just summarizing from the statement published by the resort: - customer argued about corkage fee for beverages brought from outside. - customer left and drank beverages outside without needing to pay corkage - customer made inappropriate and defamatory comments on online platforms. - Some of the comments were taken down by the platforms as they clearly violated terms - resort management tried to contact him to resolve the matter See more:

https://drive.google.com/file/d/1VZCwyULmkLpZ7y5nT5wsaX0mn8w...

From my own experience with complaints and the legal system a) lots of people write realistic, truthful and harsh negative reviews but don’t get sued for defamation b) one doesn’t just get dragged to court c) no matter if direct contact was attempted, if a filing is made at police station, the police call the defendant and he has to appear to get the charges read and to make a statement. d) there are usually several negotiations at police station to settle matters without having to go to court or even starting a civil or criminal proceeding e) if no agreement is reached then it becomes a real case. Also there is arbitration in civil cases f) general legal experience, not related to the case: foreigners not obeying local laws and regulations does result in a rude awakening. This is the case in any country. g) western countries specially USA have very strict local police and court rules. Try to miss a court appointment there and compare. h) technically the defendant may be charged with not just defamation but also with violating cybercrime laws (more serious) i) Not sure why this clickbait populist article is given so much attention. It’s badly researched, badly written. Classic “blogger - wannabe journalist” piece. A new low for Yahoo News.

2 comments

No matter if there is more, how is being arrested by the police and risking 2 years in prison appropriate for libel in a review?

I think it is good warning people not to be tourists in countries with draconian laws.

Nobody forced the guy to come and work in Thailand. He isn’t a tourist though. If he works here he should know about the laws. Ignorance is not protection against the laws.

We see the same with many foreign tourists who come and assume they can ride motorcycles without valid driving license and experience. Lots of them injured and asking for money in gofundme pages to pay hospital bills since insurance won’t cover illegal behavior.

If I were to take your way of thinking then USA should be also on travel warning list. A (Canadian) foreigner living there was killed when she called police to report someone breaking into her house. However she was killed by police. I think that’s a bit more drastic than being arrested for (allegedly) not showing up in person to the police station as per report.

The law is sometimes abused by people but it’s not draconian.

Defendants are usually called and asked to appear at police station to make their own statement. Very civilized way of handling.

Then you have most likely two times there to negotiate with the person who filed report.

If nothing comes out of it, and only then, criminal charges are filed and investigated.

A judge has to write an arrest warrant and does it if the defendant didn’t answer to calls by police to appear.

Then and only then they can arrest him. He would have been brought to the station, went to jail for not following proceeding and he got out on bail.

So far this seems like a very appropriate handling.

Also I’m sure that before the case starts the judge usually ask both parties if this can be negotiated first. They have more critical cases than to deal with stupid posts on social media.

If no agreement can be reached then there is a trial and it’s not guaranteed that defendant would get 2y in prison unless is unreasonable. He has a lot of influence there. His reaction will determine the proceedings and he will get a fair trial.

You’re inventing things and twisting reality. People are less likely to get in trouble with the law in Thailand than to get shot by police in the US.

So please let me know how reasonable it is for foreigners in USA to get killed by police when calling 911 and reporting a break in.

What am I inventing and twisting?

I am not questioning weather or not the law have been followed, but if the law it self is just.

I think its draconian that a person can get arrested because someone accuses them of libel (they have not even been convicted). Why is people getting pressured at the police station (it is a pressure that the accuser can force people to go to a police station) to make a settlement very civilized(I would not think the police should be involved at all)?

I think it would be healthy for tourists to consider the laws of the country they visit before visiting them, and don't visit/spend their money in countries with harsh laws.

I also don't think the american justice system sounds that great (but I am also not american).

> So please let me know how reasonable it is for foreigners in USA to get killed by police when calling 911 and reporting a break in.

It's completely unreasonable. As is getting someone thrown in jail for writing negative reviews. ;)

> There is more to this case.

That is completely irrelevant. They took legal action against someone who posted negative reviews, warning others away from this place.

That is something people are going to be concerned about.

What happens when other people have a bad experience... should they be too scared to write a review until they've left the country?

Seems like yes.

Much safer to choose any other resort for doing business.

That you've responded to every negative comment, trying to spin this as "nothing to see here" doesn't change that.