Thailand Hotel Jails Man for Bad Review on Tripadvisor

[Rockheart]

The defamation laws in Thailand are ridiculous. A man was sent to jail for 2 days after leaving a hotel a bad review on Trip Advisor.
Sea View Resort & Spa Koh Chang is culprit.
Thailand needs to fix this. Things like these just turn you right off Thailand.
The same laws that don't let you speak bad of the King are at work here. I guess if you don't get good service in Thailand you are just supposed to shut up?

This is one of my favourite areas on Koh Chang at Kae Bae beach. Avoid this one.

Tripadvisor has now added a warning for this hotel. The Sea View Hotel Koh Chang.

https://www.tripadvisor.ca/Hotel_Rev..._Province.html

https://www.bbc.com/news/world-asia-54914768

https://www.forbes.com/sites/alexled...h=5dcb857a340c
https://www.theguardian.com/world/20...for-bad-review

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[Lotusman]

I guess it might be best to hold off on the review until you check out, and maybe leave the country.....

[rxpharm]

There's always more to the story - here is reporting from The Thaiger with the hotel's side of things.

News of American sued over bad Koh Chang hotel review has everyone talking

After news hit of an American being arrested and sued for defamation over leaving a bad review about a Koh Chang hotel on TripAdvisor, many are taking to the internet to voice their opinions on the issue. The Sea View Resort owners say it tried in vain to negotiated with Wesley Barnes after he posted the reviews, but he continued to post completely untrue comments.

The owners released a five-page statement after the news of it suing the American gained widespread attention. You can read their response HERE. Then, Barnes submitted his own response detailing the situation which was also published online.

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Now, the story has gained even more attention as netizens have begun posting their opinions on the controversial issue of Thailand’s defamation laws. Below, are some of those posts on The Thaiger’s Facebook page.

“Can someone clarify for me Thailand’s position on people leaving honest bad reviews as my girlfriend says it’s fine to leave a bad review of a business and it’s not defamation if honest of course? I have heard people say that you simply can’t leave bad honest reviews at all here but that sounds ridiculous. The thing about many Thais is that they think they’re beyond reproach. They can’t accept criticism because it’s not aligned with their grandiose self-image. Many also have a torrid time when it comes to ownership of their own actions and decision making.”

“OMG! He is arrested for a review.?! I know of an expat in Malaysia that wrote a bad review about a Thai-owned resort in Penang and he was sued as well. Be careful with what you share in that neck of the woods.”

“It’s one thing to leave a bad review but to throw in “modern slavery” remarks escalates to thai defamation law. He shouldn’t be arrested for his comments but you need to respect the country laws no matter how crazy they seem compared to your own country. This press is going to negatively affect the business way more than that review would have done though.”

“The owner should have settled with the review platforms privately and move on. I would hardly hold up Trip Advisor as a beacon of truth, however some people write extremely personal and vindictive comments that go beyond a review, in an attempt to gain product or refunds in return, this is an absolute fact, and hopefully this might make people think before they start writing reviews that are not exactly honest, I have read stories critical of the General Managers because they didn’t contact the guests, some really petty reviews by rather petty people.”

If Barnes is indeed found to be guilty of defamation, he could spend up to 2 years in prison and pay up to a 200,000 baht fine.

Eventually there was a compromise, the hotel would withdraw the charge if the American posted an apology and retracted his review. The follow up story below.

TripAdvisor slaps warning on Thailand’s ‘Sea View Resort & Spa’ review page

Be careful if you want to trash a Thai hotel in the land of fragile egos who use the handy tools of eager lawyers and draconian libel laws. Now TripAdvisor, the review website everyone loves to hate, is warning potential travellers to a particular Thai hotel that they could face severe consequences for sharing negative opinions about their experience.

One visitor, Wesley Barnes from the US, was arrested after he waxed lyrical in his opinions about poor service at the particular establishment. Mr. Barnes was freed and eventually apologized in a settlement between him and the hotel. But TripAdvisor slapped this notice on the hotel’s listing…



Just in case you are warming up your fingers for a quick critique, this listing for the Sea View Resort & Spa in Koh Chang now includes a blatant warning.

“The reviewer spent time in jail as a result.”

Management at the hotel made an official complaint to the local police about the critique at the time. Mr. Barnes’ review strayed somewhat from the usual commentary about dirty bathrooms and cold soup to include “modern day slavery”. The resort’s management claimed that it had first tried to reach Mr. Barnes directly to “resolve the matter”, but took legal action because other reviews had been posted across different platforms, a few weeks apart.

At the time he was facing 2 years in a Thai prison after posting his negative online reviews about the Sea View Resort & Spa. Barnes, who works in Thailand, reported that he was arrested at the time by immigration police and that his passport had been confiscated until the matter was resolved.

Mr. Barnes stayed at the resort in June and had a disagreement with restaurant staff who tried to charge a corkage fee for alcohol he had brought on to the premises. He also added later that he felt the hotel’s management “were aggressive”.

Koh Chang police confirmed that an official complaint had been filed and that Mr. Barnes was accused of causing “damage to the reputation of the hotel”, and of bickering with staff about the corkage fee.

After weeks of media attention, local and international, and 1000s of online comments over the matter, the resort agreed to drop the police complaint if Mr. Barnes apologised and could convinced TripAdvisor not to display a “red badge” on the hotel’s TripAdvisor listing, which “could harm its business”.

The hotel’s use of Thailand’s notoriously tough libel and defamation laws rattled TripAdvisor, which now displays a clear warning about negative reviews that could land you in jail as a result of criminal charges filed by the hotel’s management.

“The hotel may have been exercising its legal rights under local law, however, it is our role to inform you so you may take this into consideration when researching your travel plans.”

The hotel has issued a statement accusing Tripadvisor of breaking its part of the settlement that was reached with Wesley Barnes.

“We fail to understand how Tripadvisor going back on their word, and not being impartial, is helpful to any of the parties involved in this case,” the resort’s manage responded in a statement to the NY Times.

By the way, if you want to visit the Sea View Resort and Spa Koh Chang in the middle of December, we randomly chose a date on Bookings.com and found a room for 2,900 baht a night. Have a great time, but don’t argue about the corkage!

[Rockheart]

You have to understand that many Thais will do just about anything to save face.
Many Thais seem friendly but have bad tempers and can shift moods on a dime.

I know Trip Advisor won't post the worst reviews. My worst hotel stay ever they wouldn't post my review.
They don't like it when you give all zeros and make claims that may be controversial, even if they are true.

I have stayed many places on Koh Chang and I think this Manager is probably a jerk in comparison for most.
Probably a good idea to just take it and carry on rather than get upset like this. They are just bringing bad press to the hotel.

However it also is not good to question interpersonal relationships in Thailand, things do operate differently.
Specifically questioning the service like a corkage charge he didn't like should be fine.
Saying the Manager is a slave master is a little harsh. They don't know the personal relatinship between the Thai workers.
From what i have seen Thai bosses can do alot of yelling and screaming. Plus nearly every male in Thailand has military training, where getting berated is common place. Perhaps this was the workers father or relative.

Western culture has become so politically correct that many feel they can call others slaves or masters or racist or repressed etc.
Political correctness is not really a thing in Thailand. Making subtle references to slaves in Thailand may not be taken lightly.
Slavery is a problem in Thailand and no one wants their business associated with it.

[P&G]

However, Tripadvisor didn't like and won't support the hotel's reaction. They reviewed the hotel after the tourist's review had to be censored. Since they said only the truth, and since the Tripadvisor's employee who did it wil probably never go to Thailand, they don't risk much.

As above mentionned, something is amazing : the review was never posted, so I wonder how the hotel's manager could have sued the American client. Perhaps the defamation attempt was sufficient to file the case, especially if the plaintiff is Thai and the defendant a Western farang.
The defendant was sent to jail not because of a rough sentence but because he couldn't pay for his 100,000 THB bail before the court closes for the weekend. This is harsh but judicial authorities will take guarantees from foreigners in every country.

The American client had to take care on how he criticized the hotel in his review. The manager probably felt offended since he might have believed that yelling at his employees would show his clients he was trying to control the situation. This was not the case but the client shoud have pointed out the lack of positive leadership of the manager instead of talking of slavery. When I see how American citizens talk to people including their dark skinned fellow citizens, they should think twice before pointing out other's disrespecting small people. Slavery exists in Thailand. This is mainly Myanmar refugees hired by Thai mafias to work on fishing boats without getting paid in return. Charging an hotel manager of slavery is a a serious charge. The client should have never used such a word when flaming the hotel. He could have restricted his flaming to the bad experience he had with this manager unable to make employees work correctly without screaming and disturbing customers what made he had an unpleasant time in the hotel.
The way the hotel manager reacted proves incapacity to wear the responsibilty of commercial management. He got the review withdrawn but he will remain branded with a hot iron for a while.

It's a good lesson for farangs in general and particularly American citizens. Being a Western country's citizen can't be used as a waiver to disrespect laws and people. If I got it well, the American citizen had a work visa in Thailand. So he should know about local laws. If he had the culture of some American people who know that men are equal in rights but white men are more equal than black men, he should have realized that "white men" are Thai in Thailand and that white farangs are black men. He somehow admitted he wouldn't believe he could be sued since he was American ("coming from the West, I felt it was an empty threat."). I don't understand and disagree with this attitude of some American people and more generally farangs tthat consist in believing that we are allowed to disrespect laws and other people.

This story is the story of 2 losers who didn't want to lose face. They both lost face, time and money.

[rxpharm]

I wouldn't be surprised if the American took a screen capture of his "unpublished" review and sent it to the hotel as a threat. This is sheer speculation, but to argue over a "corkage" charge and then go ahead to escalate the situation shows poor judgement especially as he had been working in Thailand and should have known better.

As P&G said, 2 losers - in this case.

[Rockheart]

When I see how American citizens talk to people including their dark skinned fellow citizens, they should think twice before pointing out other's disrespecting small people. Slavery exists in Thailand.

Please provide example and proof of Americans mistreating dark skinned citizens, that just isn't true.

There is very little slavery in America per capita compared to almost every other country. America is actually one of the least racist countries on earth. I know the rhetoric is thick but it is not true.

Millions and millions of people of every color would die to move to America.
Was there slavery in their past? Yes. There was slavery everywhere in the past.

You are just repeating all the left wing socialist rhetoric. BLM and other organizations are spreading this crap while ruining their own brothers lives. You notice how BLM only destroys black nieghbourhoods? It is all a scam.

I am not American but i am offended by this statement because it is not true.
If anything White skinned people are being persecuted these days. The USA is no longer a majority white.

No matter what this guy did it is not right to infer Americans are racist.

That is like me saying all Europeans are gay because they like to wear fancy designer clothing.
But this I can actually provide examples for.
From what I have seen Europeans seem very intolerant to African immigrants.
Who was the ones who subjugated Africa anyway?

Not clear if you remember the black President.
Name one country in Europe who has had a black leader?

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[Rockheart]

I wouldn't be surprised if the American took a screen capture of his "unpublished" review and sent it to the hotel as a threat. This is sheer speculation, but to argue over a "corkage" charge and then go ahead to escalate the situation shows poor judgement especially as he had been working in Thailand and should have known better.

As P&G said, 2 losers - in this case.

The corkage charge in Thailand is usually reasonable and they include ice and mix in the deal at most places.

In America and the west you usually cannot bring outside liquor into bars, except for certain jurisdictions.
When i was in Dallas all the strip clubs were Bring Your Own Booze. You could leave your own bottle there that you could drink from but it has to be full and new. I don't think anywhere in USA or Canada will let you bring open liquor into licensed establishments.
I have taken partial bottles like this into many places in Thailand. Many bars let you take the open bottle home when you get table service.
Thailand is great this way.

[P&G]

Please provide example and proof of Americans mistreating dark skinned citizens, that just isn't true.

There is very little slavery in America per capita compared to almost every other country. America is actually one of the least racist countries on earth. I know the rhetoric is thick but it is not true.

Millions and millions of people of every color would die to move to America.
Was there slavery in their past? Yes. There was slavery everywhere in the past.

You are just repeating all the left wing socialist rhetoric. BLM and other organizations are spreading this crap while ruining their own brothers lives. You notice how BLM only destroys black nieghbourhoods? It is all a scam.

I am not American but i am offended by this statement because it is not true.
If anything White skinned people are being persecuted these days. The USA is no longer a majority white.

No matter what this guy did it is not right to infer Americans are racist.

That is like me saying all Europeans are gay because they like to wear fancy designer clothing.
But this I can actually provide examples for.
From what I have seen Europeans seem very intolerant to African immigrants.
Who was the ones who subjugated Africa anyway?

Not clear if you remember the black President.
Name one country in Europe who has had a black leader?

download.jpeg

Don't waste your energy. I lived 20 months in the USA. Racism is well anchored in their genes.

[Rockheart]

Don't waste your energy. I lived 20 months in the USA. Racism is well anchored in their genes.

Racism is not in anyone's genes, race is.
Races all tend to like their own kind better, that doesn't mean they are all racist.

What does 20 months mean. How many years ago was that. Things have improved dramatically.
Still there is more segregation than outright racism and people just keep fueling the fire.

You saw some people not being nice to each other? That doesn't mean the whole country is racist.
There is just lots of races living together. It is not racism it is more culturalism. As such there are racial tensions.
I've been to almost every state over the last 40 years and found that I can be accepted by people of any race in the USA.
Is there people that don't like each other because of race? Sure but that can be the case anywhere.
I've spent lots of time in Detroit which is 60% or more black but i did not see much racism against anyone including me.
Some places in the southern USA have more remenants of racism and slavery but much of it is mostly segregation.
The biggest problem in the USA is the promotion of victimhood, as long as certain groups view themselves as victims nothing will change.

Americans tend to have big egos but i have found that in all races. I can see saying that Americans might be overly judgemental or think they are better than Thais, but you immediately call them racists because they are Americans. That is not correct. Sure there is racist people of all colors in the USA but you are painting the whole country with the same brush. More races live together in harmony in the USA than anywhere. I see minorities in Europe being totally segregated all over the place.

You are generalizing unfairly to assume the American is a racist. You are just buying into to the rhetoric.
BLM is more racist than most people in America. However the world is just flooded with the story that all white Americans are racist.
This is a lie perpetuated by powers trying to destroy the USA.
It just isn't true. Sorry.

You still didn't tell me what European country has had a black leader. About 60% of Americans voted for Obama.
If the USA was so racist he would never have gotten in.

I would say light skinned Thais are more racist against dark skin than anything I have seen in the USA.
I also have seen racism in Canada and the USA but it pales compared to what i have heard people saying about others in Thailand.

[Aaron S. Young]

The American customer had to be concerned about how he criticized the hotel in his review. The manager may have been offended because he might have thought that yelling at his staff would show his clients that he was trying to control the situation. This was not the case but the client should indicate that there is no positive leadership of the manager rather than talking about slavery. When I see how American citizens talk to people including the dark-skinned citizens, they must think twice before indicating that others disrespect young people. Slavery exists in Thailand. These are mainly refugees from Myanmar who were hired by the Thai mafia to work on fishing boats without getting paid in return. Charging a hotel manager into slavery is a serious charge. The customer should have never used such a word when setting fire to the hotel. He could have confined his ignition to the bad experience he had with this manager not being able to make the staff work properly without shouting and disturbing the clients which made him spend an unpleasant time in the hotel.