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Agents in Qatar-A word of warning

Agents in Qatar-A word of warning

Old Mar 21st 2013, 9:03 pm
  #16  
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Default Re: Agents in Qatar-A word of warning

I think all bloggers are wankers. Can I get done for that?
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Old Mar 21st 2013, 9:47 pm
  #17  
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Default Re: Agents in Qatar-A word of warning

Simple solution - send a pm to Ryan and get the name! I will be doing exactly that so I can warn friends that are looking!
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Old Mar 21st 2013, 10:06 pm
  #18  
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Default Re: Agents in Qatar-A word of warning

Originally Posted by britexpat76
I think all bloggers are wankers. Can I get done for that?
The truth, the whole truth and nothing but the truth darling
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Old Mar 21st 2013, 11:50 pm
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Default Re: Agents in Qatar-A word of warning

Originally Posted by dubaiguy2011
This is not true.

Truth is always a defence to defamation.

Fact.
Maybe in some countries it is however :

Defamation and Thai law

Thailand has witnessed a number of high-profile defamation actions in recent years, many of which are currently pending in its courts. Of particular public interest is the 2004 case filed by Shin Corporation against media activist Supinya Klangnarong, and the recent media war between Prime Minister Thaksin Shinawatra and Manager founder Sondhi Limthongkul, which resulted in several defamation lawsuits that have since been withdrawn.

These multi-million-baht actions have drawn the attention of the international media and have placed an intense spotlight on the impact that Thai defamation law has on the free exercise of speech. While the focus is on the potential chilling effects in the media, the reality is that Thai defamation law directly affects businesses and private citizens alike.

In fact, average individuals, business owners, and company directors can find themselves subject to defamation lawsuits for the unwitting or careless publishing of statements, even in situations where there is a reasonable belief in their truth.

It is not necessary that the claimed defamation occur in a media setting, as liability can arise from statements made outside the wider media arena. For example, carelessly drafted demand letters and e-mails, criticisms of company policies and procedures, and even negative reviews of restaurants can all lead to potential defamation actions.

Regardless of an individual's personal feelings about the issue of free speech and open debate, it is important to understand Thai defamation law as it stands today, the legal process, and most importantly, how to minimise the likelihood of having to defend such actions. This article is a first of a two-part series providing such guidance.

Defamation. Defamation refers to a category of claims based upon intentionally harmful or false statements "published" in spoken or written form to third parties. Thai law makes no general distinction between spoken (slander) and written (libel) defamation. Further, and of critical importance, is the fact that in Thailand a party can be subjected to civil or criminal litigation for defamation, or both.

Civil Defamation. Section 423 of the Thai Civil and Commercial Code defines civil defamation as a statement made contrary to the truth, which is asserted or circulated as a fact, with resulting injury to the reputation, credit, earnings or prosperity of an individual.

Civil defamation claims are barred after one year from the date that the defamatory act and the person bound to make compensation became known to the plaintiff, or 10 years from the date the act was committed. Being unaware that a statement is false does not constitute a defence if a reasonable person should have known that such statement was false. All that is required is that an untrue statement was made with resulting damage to the plaintiff.

The problem, however, and what affects most defendants, is that the practical burden of proving falsity under Thai law does not lie on the plaintiff. Rather, the defendant is invariably placed in the position of having to prove that his statement was true to escape liability. Such truth can be difficult to prove in court and may prevent potential speakers from rendering even truthful statements if they are concerned about their ability to prove the allegedly defamatory statements in a later civil court action.

Even if a defendant is able to prove the truth of his statements, he may not be absolved of liability. This is because a defendant may also be required to prove to the satisfaction of the court that the allegedly defamatory statements were substantially justified, even if true. Statements made about certain "private" facts, even if they concern "public figures", may subject one to civil liability.

While admittedly good arguments can be made that such comment is justified, Thai courts have historically placed a greater burden on defendants in proving such justification than is required in some Western jurisdictions.

A defendant may also defend that his statements were privileged. For example, a legitimate defence may lie where the defendant can show that the communication was made in good faith to persons having a rightful interest in the information, such as when an employer provides employee performance evaluations to related business units related to an employee transfer, or when an association circulates notices to its members concerning actions that could potentially damage its business. Other forms of privilege include statements originating in court proceedings and in the Senate, House of Representatives and National Assembly.

With regard to evidentiary proof, Thai law permits a civil court to accept as true those facts adjudged by a criminal court relating to the same defamatory statements. This can streamline the evidentiary process and is one reason why civil defamation actions are often pursued current with or subsequent to criminal defamation actions.

Finally, it is important to emphasise that, in addition to available civil defences, the Thai Supreme Court recognises that a defendant in a civil defamation action has a right to defend using criminal defences to defamation. These criminal defences, which offer some advantages over traditional civil defences, will be discussed in Part 2 of our series: Criminal Defamation.
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Old Mar 22nd 2013, 12:19 am
  #20  
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Default Re: Agents in Qatar-A word of warning

Originally Posted by dubaiguy2011
This is not true.

Truth is always a defence to defamation.

Fact.
You are wrong on this one.

It's not even a defence in all cases in the UK.
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Old Mar 23rd 2013, 2:31 am
  #21  
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Default Re: Agents in Qatar-A word of warning

Originally Posted by typical
You are wrong on this one.

It's not even a defence in all cases in the UK.
Lol
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Old Mar 23rd 2013, 2:43 am
  #22  
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Default Re: Agents in Qatar-A word of warning

Originally Posted by nonthaburi
Maybe in some countries it is however :

Defamation and Thai law

Thailand has witnessed a number of high-profile defamation actions in recent years, many of which are currently pending in its courts. Of particular public interest is the 2004 case filed by Shin Corporation against media activist Supinya Klangnarong, and the recent media war between Prime Minister Thaksin Shinawatra and Manager founder Sondhi Limthongkul, which resulted in several defamation lawsuits that have since been withdrawn.

These multi-million-baht actions have drawn the attention of the international media and have placed an intense spotlight on the impact that Thai defamation law has on the free exercise of speech. While the focus is on the potential chilling effects in the media, the reality is that Thai defamation law directly affects businesses and private citizens alike.

In fact, average individuals, business owners, and company directors can find themselves subject to defamation lawsuits for the unwitting or careless publishing of statements, even in situations where there is a reasonable belief in their truth.

It is not necessary that the claimed defamation occur in a media setting, as liability can arise from statements made outside the wider media arena. For example, carelessly drafted demand letters and e-mails, criticisms of company policies and procedures, and even negative reviews of restaurants can all lead to potential defamation actions.

Regardless of an individual's personal feelings about the issue of free speech and open debate, it is important to understand Thai defamation law as it stands today, the legal process, and most importantly, how to minimise the likelihood of having to defend such actions. This article is a first of a two-part series providing such guidance.

Defamation. Defamation refers to a category of claims based upon intentionally harmful or false statements "published" in spoken or written form to third parties. Thai law makes no general distinction between spoken (slander) and written (libel) defamation. Further, and of critical importance, is the fact that in Thailand a party can be subjected to civil or criminal litigation for defamation, or both.

Civil Defamation. Section 423 of the Thai Civil and Commercial Code defines civil defamation as a statement made contrary to the truth, which is asserted or circulated as a fact, with resulting injury to the reputation, credit, earnings or prosperity of an individual.

Civil defamation claims are barred after one year from the date that the defamatory act and the person bound to make compensation became known to the plaintiff, or 10 years from the date the act was committed. Being unaware that a statement is false does not constitute a defence if a reasonable person should have known that such statement was false. All that is required is that an untrue statement was made with resulting damage to the plaintiff.

The problem, however, and what affects most defendants, is that the practical burden of proving falsity under Thai law does not lie on the plaintiff. Rather, the defendant is invariably placed in the position of having to prove that his statement was true to escape liability. Such truth can be difficult to prove in court and may prevent potential speakers from rendering even truthful statements if they are concerned about their ability to prove the allegedly defamatory statements in a later civil court action.

Even if a defendant is able to prove the truth of his statements, he may not be absolved of liability. This is because a defendant may also be required to prove to the satisfaction of the court that the allegedly defamatory statements were substantially justified, even if true. Statements made about certain "private" facts, even if they concern "public figures", may subject one to civil liability.

While admittedly good arguments can be made that such comment is justified, Thai courts have historically placed a greater burden on defendants in proving such justification than is required in some Western jurisdictions.

A defendant may also defend that his statements were privileged. For example, a legitimate defence may lie where the defendant can show that the communication was made in good faith to persons having a rightful interest in the information, such as when an employer provides employee performance evaluations to related business units related to an employee transfer, or when an association circulates notices to its members concerning actions that could potentially damage its business. Other forms of privilege include statements originating in court proceedings and in the Senate, House of Representatives and National Assembly.

With regard to evidentiary proof, Thai law permits a civil court to accept as true those facts adjudged by a criminal court relating to the same defamatory statements. This can streamline the evidentiary process and is one reason why civil defamation actions are often pursued current with or subsequent to criminal defamation actions.

Finally, it is important to emphasise that, in addition to available civil defences, the Thai Supreme Court recognises that a defendant in a civil defamation action has a right to defend using criminal defences to defamation. These criminal defences, which offer some advantages over traditional civil defences, will be discussed in Part 2 of our series: Criminal Defamation.
Not sure how long it took you to find that, but Thailand is one of the last places on earth I would be taking on senior members of the government etc. It's about as corrupt a system as they come... Of course, winning an academic argument over whether you're entitled to call the Prime Minister corrupt etc is exactly that - academic, whilst you rot in the Bangkok Hilton....
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Old Mar 23rd 2013, 2:44 am
  #23  
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Default Re: Agents in Qatar-A word of warning

Originally Posted by britexpat76
I think all bloggers are wankers. Can I get done for that?
No. Because it's a FACT.
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Old Mar 23rd 2013, 4:25 am
  #24  
 
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Default Re: Agents in Qatar-A word of warning

Originally Posted by dubaiguy2011
Not sure how long it took you to find that, but Thailand is one of the last places on earth I would be taking on senior members of the government etc. It's about as corrupt a system as they come... Of course, winning an academic argument over whether you're entitled to call the Prime Minister corrupt etc is exactly that - academic, whilst you rot in the Bangkok Hilton....
Spent a third of my life there so no time at all to find that out thnx . It's a well known fact .
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Old Mar 23rd 2013, 4:27 am
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Default Re: Agents in Qatar-A word of warning

I was just pointing out that truth is not always a defence against defamation .
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Old Mar 23rd 2013, 6:27 am
  #26  
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Old Mar 23rd 2013, 4:40 pm
  #27  
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Default Re: Agents in Qatar-A word of warning

Originally Posted by dubaiguy2011
Lol
You're a massive wanker.

Fortunately, that's a fact.
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Old Mar 23rd 2013, 5:14 pm
  #28  
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Default Re: Agents in Qatar-A word of warning

Originally Posted by dubaiguy2011
Lol
Not sure why you're laughing...
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Old Mar 23rd 2013, 8:24 pm
  #29  
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Default Re: Agents in Qatar-A word of warning

Originally Posted by Scamp
You're a massive wanker.

Fortunately, that's a fact.
That depends on if you know much about his masterbatory habits and if you are talking about the size of his habit / cock / person

So in fact you leave yourself open to a defamation case shirley?
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Old Mar 23rd 2013, 8:55 pm
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Default Re: Agents in Qatar-A word of warning

Originally Posted by dubaiguy2011
This is not true.

Truth is always a defence to defamation.

Fact.
Originally Posted by Theseus
That depends on if you know much about his masterbatory habits and if you are talking about the size of his habit / cock / person

So in fact you leave yourself open to a defamation case shirley?
I was doing it to make a point. Just so happened to pick DG.

It's all subjective a lot of the time. The same agent might have made x00's of tennants and landlords happy.

He probably is shit, but I think I agree with not posting his details - if someone is worried they can PM RyanC for the details.
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