Wednesday 4 April 2018

Defamation

Hi  Campers,

If ever you post a negative review of a camp you need to be aware that the company in question might retaliate with a threat of court action for defamation, particularly in Thailand. Indeed, many campers say they experienced this during the 2017 Invasion saga. This can be really scary if you're unprepared. So here are some hints on how to handle it.

The most important point to remember is that if what you say is factually accurate, it's going to be very difficult for any company to win a defamation case. Apart from anything, once in court it will become immediately apparent that you are the victim, such that the court is much more likely to sympathise with you. In addition to that, the last place any company that has short-changed their customers wants to be is in court, because any misdeeds are quickly going to come out in the washing. Think carefully, how can a company take you to court, having ripped you off, and then demand that you pay them more because you told the world the truth! What kind of justice would that be?

Also important is that, in the modern world, reviews on social media (e.g. this blog) are standard and common place. It's something every company has to accept. The point is that any review or comment needs to be objective and any opinions based on facts. And, of course, the facts themselves must be accurate. It is also important to keep the tone civil and not to degenerate into abuse.  Reviews and feedback play a huge role in our lives, so be confident that you are providing the world a service by making your opinion heard.

Fortunately, Philip Crabb no longer works with Invasion. However, in days past, he was always the most notorious individual for threatening people with defamation. Basically, he'd do something rotten to you (like take your money for nothing) and then threaten you with defamation if you squealed. He'd also be very quick to tell you that in Thailand defamation laws are very strict, and that the onus would be on you, the defendant, to prove your innocence. This would be terrifying for a 19 year old travelling for the first time in Asia. Images of being locked up in a Thai prison would flash into their minds and Philip would do everything to nurture that image. So usually Philip's threats worked. People backed off. However, eventually enough comments appeared on social media, and clearly they stuck, particularly the ones linked to Island TEFL, Philip's former company. And clearly it was a wide range of people posting. I'm pleased to say, Philip has never yet succeeded in getting anyone into court.

So don't be worried, because even in Thailand the basic principles as described above still hold true. I was actually in Thailand when they introduced the laws. It was in 2006 during the military coup. The laws were mainly brought in to protect the King, because there were sections of society that wanted to do away with the monarchy altogether. I'm sure everyone knows about the battles between the Red Shirts and the Yellow Shirts. The prime purpose of the laws wasn't really concerned with everyday cases like yours, but those with political implications.

However, if you're back in the UK, those complications certainly don't apply. Just be confident about your right to free speech and your duty to inform the world at large of any wrong doing. I've put a couple of links below to websites that give good information about defamation. Don't let the bullies win!

Happy Camping!
EFL Greg

https://www.nolo.com/legal-encyclopedia/defamation-law-made-simple-29718.html
https://solicitors.guru/articles/27-law-defamation-explained/