Corruption & Defamation: The Recent TripAdvisor Controversy
The press reports about the American jailed for allegedly posting a defamatory review on TripAdvisor about the Seaview hotel in Koh Chang have cast a spotlight on Thailand’s strict defamation laws. Reports about the jailing of the American appeared on the BBC website, the New York Times and the Bangkok Post.
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The Not So Simple Amity Treaty Exception to the Foreign Business Act
Thailand’s Foreign Business Act, B.E. 2542 (FBA), which repealed and replaced a decree issued by the Thai government in 1972 known as NEC 281 (often also referred as the “Alien Business Law”), provides that “alien companies” – defined solely in terms of foreign share ownership – are not permitted to engage in a wide range of business activities, absent issuance of a foreign business license...
International Anti-Corruption Laws
Even before Barrack Obama became the 44th President of the U.S, a sea change in the enforcement of international anticorruption laws had started. The extent of that sea change became evident in December 2008 when Siemens AG and three of its subsidiaries agreed to pay a record U.S. $1.6 billion in fines to U.S. and European authorities for violating the U.S. Foreign Corrupt Practices Act (FCPA)...
The Controversy Over Proposed Changes to the Foreign Business Act
Over the last several months the local and international press have carried articles about foreign chambers of commerce and embassies appealing to the Thai government to rethink the draft changes to the Foreign Business Act, B.E. 2542 (FBA), arguing these proposed changes to Thai law will hurt future and existing foreign investors and violate Thailand’s WTO obligations.