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2020-10-10 a
Travelers Beware of Thailand

Thai hotel to drop charges against US man who faced jail over bad reviews

Koh Chang hotel to drop charges in exchange for public apology

Wesley Barnes held under defamation and computer crime laws

A hotel in Thailand has agreed to drop charges against an American guest who faced up to five years in jail for posting negative reviews – as long as he issues a public apology for his comments.

The hotel, on the holiday island of Koh Chang, filed a complaint against American teacher Wesley Barnes in August after he posted what the hotel said were false and defamatory write-ups after a row over a 500 baht ($16) corkage fee.

Police detained Barnes under criminal defamation and computer crime laws for two days in September before he was released on bail.

“Under conditions that Mr Barnes shows his sincerity and takes full responsibility for what had happened and remedy the situation, the hotel will be delighted to drop the charge,” the Sea View Koh Chang hotel said in a statement to Reuters on Friday.

The case brought new scrutiny to Thailand’s defamation and computer crime laws, which human rights activists say are too harsh and sweeping.

Under the laws, Barnes could be fined up to 100,000 baht ($3,200) and be jailed for up to five years.
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The dispute began when Barnes stayed at the resort in June and disagreed with staff who tried to charge a corkage fee for alcohol he and a friend had brought on to the premises.

He told the Guardian that he felt the hotel’s manager was aggressive.
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The resort said that it had initially tried to contact Barnes directly to resolve the matter, but took legal action because multiple reviews had been posted across different platforms, weeks apart.

Defamation is a criminal offence in Thailand, carrying a maximum sentence of two years in prison, along with a 200,000 baht (£4,915) fine. Rights groups have long warned that the law is draconian, and that it has been abused to silence activists and journalists. Unlike in many other countries, truth cannot automatically be relied upon as a defence. (read more)

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