Southern Thailand
American Faces Prison in Thailand for Negative TripAdvisor Review

An American resident in Thailand who made a negative review on TripAdvisor is now being sued for defamation by a Resort owner. The Koh Chang resort defended its decision sue the American over a negative review. Saying it had tried in vain to negotiate with him but he continued to post comments that were completely untrue.
The Sea View Resort released a five-page statement on Saturday after news of its legal action against Wesley Barnes attracted widespread attention. The statement was posted on the Twitter account of Richard Barrow, a British expat travel blogger with 167,000 followers.
SECOND UPDATE: Wesley B, the American who is being sued by a resort on Koh Chang for leaving a one star review has now sent me his response to the statement sent to me by the hotel #Thailand pic.twitter.com/hw1dsEzJWp
— Richard Barrow in Thailand 🇹🇭🇬🇧 (@RichardBarrow) September 26, 2020
Under Thailand’s criminal defamation laws, Mr Barnes could face up to two years in prison if found guilty.
A recent visit to the resort on Koh Chang, Thailand landed Mr Barnes in trouble after he posted an unflattering review on Tripadvisor, one of the world’s most popular vacation review portals.
The Sea View Resort owner filed a complaint that the defendant had posted unfair reviews on his hotel on the Tripadvisor website. He said Mr Barnes was accused of causing “damage to the reputation of the hotel. He also fought with staff over not paying a corkage fee for alcohol he had brought to the hotel.
Koh Chang Sea View Resort Manager defends Staff
Mr Barnes, who works in Thailand, was arrested by immigration police and returned to Koh Chang where he was detained in jail for two nights before being freed on bail.
According to the Tripadvisor review that Mr Barnes posted in July, he encountered “unfriendly staff” who “act like they don’t want anyone here”.
Tom Storup, the rooms division manager at the resort, replied to Mr Barnes in a post dated July 20. He said that guests bringing their own liquor went against their rules. Furthermore it does in any hotel or resort I have worked or visited around the globe. He said Mr Barnes used “abusive language” toward a staff member who explained the 500-baht corkage charge to him.
The resort’s food and beverage manager intervened for the safety and comfort of our staff and guests who were having a peaceful dinner, Mr Storup said. It was then when another guest at the table took over the conversation with our F&B manager. He apologized profusely and shook hands after a short chat.
The F&B manager then decided to allow them the liquor without charging you for the corkage fee.
The Sea View Resort told the Bangkok Post on Saturday that legal action was only taken because Mr Barnes had written multiple reviews on different sites over the past few weeks.
At least one was posted in June on Tripadvisor accusing the hotel of “modern day slavery.” TripAdvisor removed the post for violating its review guidelines.
Lawsuit a deterrent against further negative resort reviews
We chose to file a complaint to serve as a deterrent, as we understood he may continue to write negative reviews week after week for the foreseeable future,” the hotel said. Adding that staff had made “multiple attempts” to contact Mr Barnes but they were ignored. This lead the business to resort to a legal complaint.
We agree that the defamation law may be viewed as excessive for this situation,” the resort said in its statement. Saying the guest had included “fabricated stories” in reviews posted on both Tripadvisor and Google reviews.
The guest refused to respond to our attempts at communication and instead continued to persistently post negative and untrue reviews. We simply wanted to ensure that these untrue reviews are stopped. Furthermore we had no way of negotiating the matter with the guest until after our filing the complaint with the authorities.
TripAdvisor Suspends Reviews of Koh Chang Resort
Sea View, a 156-room resort on Kai Bae Beach was founded in 1989 and is ranked 10th out of 85 properties on Koh Chang that have been reviewed on TripAdvisor. It has received 1,922 reviews, with 1,090 of them rating the resort excellent, 580 very good, 170 average, 48 poor and 32 terrible.
Since the story went viral people on Google reviews have slammed the resort for taking legal action. Meanwhile TripAdvisor has suspended all reviews of the resort.
TripAdvisor wrote [due to a recent event that has attracted media attention and has caused an influx of review submissions that do not describe a first-hand experience. We have temporarily suspended publishing new reviews for this listing. If you’ve had a firsthand experience at this property. Please check back soon – we’re looking forward to receiving your review.]
Defamation Laws Abused in Thailand
Defamation laws in Thailand have long been seen as problematic. Businesses and politicians frequently uses the law to intimidate critics. The maximum sentence under the law is two years in prison, along with a 200,000-baht fine.
One example that stands out in Thailand involves the Lop Buri poultry farm Thammakaset Co Ltd. A former supplier to the agribusiness giant Betagro. A complaint filed in 2016 with the National Human Rights Commission. It alleged that migrant workers at the farm were forced to work up to 20 hours a day. The were allegedly paid less than the minimum wage and had their identity documents confiscated.
The Department of Labour in August 2016 ordered Thammakaset to pay the workers 1.7 million baht in compensation. However the money was not handed over until 2019.
The retribution has been incessant. Thammakaset over the past four years has filed 39 criminal and civil complaints against 22 individuals. Including migrant workers, journalists, human rights defenders and one media company.
In December 2019, a court sentenced a Voice TV reporter, to two years in prison for criminal libel. Consequently for a comment she tweeted about the grievances against the company. She was freed on bail pending an appeal.
Her conviction stemmed from her use of the words “slave labour” in a report on the compensation order.

Southern Thailand
Tourists Rescued After Longboat Sinks in Rough Seas Off the Phi Phi Islands

Two tourists and a Thai longboat operator were safely rescued after their boat capsized in stormy seas in the Phi Phi islands off Krabi province on late Sunday. The incident happened in Ao Nang bay at about 11am.
A speedboat owned by Narayana Marine spotted the capsized longboat and was able to provided assistance. Two Chinese tourists, one a young girl, a Thai tourist and the longboat operator were rescued.
A rescuer from the speedboat jumped into the rough seas and swam to the tourist clinging to the capsized longboat and gave them life vests. They were then hauled by rope to the safety of speedboat. The rescuers said the young Chinese girl was severely traumatized.
The tourists were taken to Phuket where they received medical treatment and then released. The Thai longboat operator is facing charges for unsafe operation of a boat and for not having the required life safety equipment.
According to the Thai-Chinese Tourism Alliance Association, safety briefings should be given to tourists before they depart on tours, and that visitors follow their own common sense, avoiding boats that are overcrowded and badly maintained.
On average, 20 people die in boat accidents each year, many of them due to badly maintained speedboats that shuttle tourists between the islands along the coast. They are frequently overcrowded and staffed poorly trained operators and crew.
The agencies in charge of regulating safety and licensing tourist boats, such as the Maritime Police, are frequently understaffed, with inadequate resources.
Tourists Being Rescued in the Phi Phi Islands
Many Tourists Choosing to Explore Thailand with a Campervan
News
Phuket Lifeguards Report Three Tourist Drownings in Two Days

Authorities on Thailand’s resort island of Phuket report an American man and a Thai woman were found dead on Mai Khao beach on Monday, and a Russian man drowned off Phuket’s Surin beach on Sunday.
According to Police, local villagers alerted authorities that two bodies had washed ashore on a beach in Thalang district.
Phuket police identified the deceased American man as Mr. James Newman, 45, the Thai woman as identified as Ms. Waranya, 49, a nurse from Surin. The police officer also did not reveal the relationship between the two.
Investigators discovered no evidence of violence against them, he added. According to preliminary findings, they booked into a hotel in Mai Khao on Sunday.
Phuket police believe the two were swimming when one was washed away from the beach by the strong tide while the other attempted to help but was unsuccessful. The victims bodies were taken to Vachira Phuket Hospital for autopsies.
Mr. Newman became the second American to drown is Phuket in less than two weeks. Last Tuesday, Mr. James Du Bois was discovered washed ashore at Nai Harn Beach in Muang District (main city) of Phuket.
Meanwhile, on Sunday, Russian Mr.Apostolov Aleksei, 64, drowned near Surin Beach in Thalang. Police stated that there were no traces of violence on Aleksei’s body. The Russian man had stayed in a condominium in Tha Lang. His body was also taken to the Vachira Phuket Hospital.
Tourists Drowning in Phuket
Lifeguards in Phuket have cautioned beach goers to be extremely wary of rough seas and posted red flags on sites deemed hazardous for swimmers. Phuket, a renowned tourist destination in Thailand, has had a disturbing number of drowning deaths. This tropical paradise, famous for its beautiful beaches, draws millions of visitors each year.
But the attraction of its clear waters conceals major perils. Many vacationers overlook the power of rip tides and the unpredictable weather patterns. Lifeguards do their best, but they are frequently understaffed. Warning signs and flags are often ignored or misunderstood, resulting in tragic incidents. The lack of awareness and respect for the ocean’s power is a major contributing element.
Poor swimming ability and alcohol consumption can add to the problem. Local governments have worked to improve safety measures, but the answer lies in better education and tougher enforcement.
Tourists must accept personal responsibility for their safety and obey all cautions. Every drowning death in Phuket serves as a sharp warning that nature’s beauty may suddenly become lethal if not treated with caution and respect.
Crime
Authorities in Phuket Arrest 98 Foreigners in Company Nominee Crackdown

The Central Investigation Bureau police detained over 90 Russians in Phuket, Thailand during a crackdown on nominee companies, with assets valued at more than 1.5 billion baht taken.
Part of the operation, Central Investigation Bureau (CIB) commissioner Pol Gen Jirabhop Bhuridej said on Friday, police from the Economic Crime Suppression Division (ECSD) searched accounting and real estate companies in the island province.
There are currently charges pending against 135 people and 96 juristic people.
Pol Gen Jirabhop stated of the people, 37 Thais served as nominees for foreign firms and 98 foreign nationals, the majority of them being Russians. The people were subsequently released on bond.
The foreign suspects were accused of operating companies by eschewing or breaking the law, and of having Thais or other non-foreign nationals assist or co-run companies that foreigners were not authorized to operate.
Pol Gen Jirabhop charged the Thai suspects with providing assistance or support to foreign nationals operating enterprises without the necessary legal authorization.
Land and Assets in Phuket
Along with 196 passports, 108 work permits, documents pertaining to the formation of 800 companies, 1,601 company stamps, four electronic devices, and other items, seized during the crackdown were 225 bank accounts with 319 million baht in circulation, 245 land documents.
Including those for 96 condominium units worth about 1 billion baht and 43 title deeds covering 24 rai of land worth about 200 million baht. Police estimated the assets taken were worth more than 1.5 billion baht.
When locals protested to Prime Minister Srettha Thavisin that foreign nationals—mostly Russians—had been operating enterprises and purchasing a lot of residential properties and land plots at astronomically high rates, the police operation was started.
According to Pol Gen Jirabhop, one of the activities that cost Thais jobs and harmed the economy was the operation of tour-related companies owned by foreign nationals.
The prime minister next gave acting national police commander Kitrat Panphet instructions to designate the appropriate agencies to look into the matter.
An inquiry by the CIB’s ECSD later revealed that, since the start of the Russia-Ukraine conflict in early 2022, 59,717 Russian nationals had entered Phuket. They reported an incredibly high 1,603 new company registrations in the province.
ECSD commander Pol Maj Gen Phutthidet Boonkraphue cited instances of companies involving a single foreign woman, solely named Iana, 45.
She was discovered to be an executive and shareholder in nine companies, with a 38 million baht total registered capital: seven real estate companies, one service company, and one tour company.
Fake Company Nominees
The chief of ECSD said that the firms were occupying three opulent apartment and condominium developments valued at more than 900 million baht.
The detectives discovered that Ms. Iana was nominated by a Thai woman going by the name Trithip. Additionally discovered to be nominees for 272 companies were Ms. Trithip and other Thai citizens. There were Thai shareholders solely in 142, and both Thai and international shareholders were present in the others.
Later, Pol Maj Gen Phutthidet stated, the detectives collected evidence to ask the court for permission to arrest people engaged in nominee businesses.
Ms. Trithip acknowledged under inquiry that she was employed to act as a nominee for 30,000 to 50,000 baht each company.
Pol Maj Gen Phutthidet reported that 85 foreign nationals had already received summonses from the investigators to answer allegations of exploiting Thai nominees. He said that the probe is being continued.
Russians looking for sun and water have come to love Phuket. The island’s mild weather and laid-back way of life appeal to many. Russian visitors and residents can be seen frequently taking advantage of the lively nightlife and stunning beaches.
Some of them have even launched their own companies, which boosts the local economy. Growing Russian population in Phuket is fostering a little but active cross-cultural interaction. Even though Phuket is far from home, its kind people and wide range of activities provide them comfort.
Source: Bangkok Post
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