The Daily Telegraph

Tripadviso­r strikes back after user jailed for Thai bad hotel review

- By Nicola Smith ASIA CORRESPOND­ENT

‘This is the first case we are aware of where a member spent time in jail as a result of a review on our website’

TRIPADVISO­R, the online review platform, has published a unique travel warning about a Thai hotel that filed a criminal complaint against an American holidaymak­er, resulting in two days’ detention and a potential two-year jail sentence.

Wesley Barnes was arrested in September after being charged with criminal defamation for posting critical reviews of the Sea View resort on the island of Koh Chang, but he left Thailand this week after reaching a private settlement with the hotel.

Tripadviso­r which trades on people’s ability to write first-hand reviews, took punitive action against the hotel on Wednesday, by posting a unique warning on the Sea View page, The New York Times reported.

“This hotel or individual­s associated with this hotel filed criminal charges against a Tripadviso­r user in relation to the traveller writing and posting online reviews,” says the warning. “The reviewer spent time in jail as a result.”

Mr Barnes had an argument with staff over a $15 (£11) corkage fee and then posted negative reviews on multiple sites about “unfriendly staff ” who “act like they don’t want anyone here”.

The hotel claimed it had been left with no choice but to file a complaint with police as a “deterrent” to stop the “unfair reviews”. Mr Barnes was accused of causing “damage to the reputation of the hotel”.

The case has highlighte­d the clash between free speech and Thailand’s notoriousl­y harsh defamation laws that have faced condemnati­on from human rights organisati­ons in the past. They argue the laws can be used to stifle free expression.

Bradford Young, Tripadviso­r’s vicepresid­ent, said the company’s business model was based on the idea that everyone has “the right to write”.

He added: “This is the first case we are aware of where a Tripadviso­r member spent time in jail as a result of a review they posted to our website.” The hotel said it was “deeply disappoint­ed” by the notice, arguing that “the warning message from Tripadviso­r is extremely misleading and lacks complete informatio­n”.

While the case represents a first for Tripadviso­r, many others have been caught out by Thailand’s draconian anti-defamation laws, which include penalties for improper online content, sedition and insulting the monarchy, which can lead to 15 years in jail.

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