Thai Court Convicts, Sentences Labor Activist for Criminal Defamation

A veteran campaigner for migrant-worker rights in Thailand said Tuesday he would appeal his conviction by a Bangkok court on charges that he criminally defamed a Thai pineapple processing company through an online report alleging workplace violations at its factory.

The Bangkok South Criminal Court on Tuesday sentenced labor activist Briton Andy Hall to three years in prison and fined him 150,000 baht [U.S. $4,316], after finding him guilty of defaming the Natural Fruit Co. and violating Thailand’s Computer Crimes Act.

“I/my legal team will appeal today’s decision in line with Thai justice system. Still fully confident our team/I will receive justice in end,” Hall said via Twitter.

The firm sued Hall for defamation over the online publication of a survey that he had helped put together. For the survey, he interviewed workers at the firm’s plant in southern Thailand about labor conditions at the factory, which employs 800 people who are mostly from Myanmar.

The court handed him a four-year sentence, but reduced it to a three-year sentence along with the stipulation that he could begin serving his term in two years, his lawyer said.

“I respect the court’s decision, but am rather shocked and confused with the verdict [that] I was guilty of defamation [under] the Computer Crimes Act,” Hall told reporters outside the courthouse.

‘Just involved in research’

Hall undertook the research for Finnwatch, and Tuesday reiterated that he was merely relaying the information he had collected for the Finland-based NGO that advocates global corporate responsibility. In 2013, Finnwatch posted its report on the internet based on Hall’s work.

“In fact, I did not put the data online myself. I was just involved in research for report,” Hall said.

According to the survey, workers at the plant in Prachuap Khiri Khan province complained that Natural Fruit violated Thai labor law through paying them salaries that were below minimum wage, not giving them sick and holiday leave, and employing children, among other allegations.

In its findings, the court noted that Hall failed to provide evidence that he had interviewed employees at the factory by entering tape recordings of those conversations into the court’s record.

Wirach Piyapornphaiboon, the company’s owner and president, said the court had vindicated the Natural Fruit Co. through its verdict against Hall.

“This is proof that we … did not do that [violate labor rights]. Today, I am thankful to the court for justice,” he told reporters.

“The court proved that he violated my rights, and, no matter who you are, you will not stand above Thailand’s sovereignty,” Wirach said, adding that his company had lost 100 million baht (U.S. $2.8 million) in revenue as a result of publicity around the Finnwatch survey.