Koh Samui, Thailand 18th August 2014
US based directors of internet giant Google are to face Court in Thailand over a 'disgusting' Blogspot post hosted on Google's Blogger platform.
Multiple criminal charges were filed today in Koh Samui Provincial Criminal Court in a criminal indictment naming as defendants Google Inc, it's founders Larry Page and Sergey Brin, and also Eric E. Schmidt, along with the entire US based board of directors of Google in a criminal case involving alleged breaches of Thailand's Computer Crimes Act.
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| David Hanks |
Expatriate business man #DavidHanks, 66, filed criminal charges against Google and it's Thai operating company in case number 1434/2557.
The charges have been laid gainst Google Inc and it's directors based in California, but also names Google's Thai operating company and it's Bangkok based directors as defendants - the law suit alleges contravention of a number of sections of the Thai Computer Related Crimes Act.
Hanks with lawyer Nattawat Damnaphoen submitted criminal indictments to the Koh Samui Provincial Criminal Court alleging that Google has provided hosting services via it's Blogger platform to an anonymous blogger, who is alleged to have written a 'disgusting' post.
Hanks alleges that a small number of individuals -around 4 or 5 he believes - have been using the blog and a number of fake Google profiles to engage in an ongoing coordinated campaign of abuse and cyber harassment.
Hanks alleges that the blogger has written a post described in Court documents as 'disgusting' and 'designed to degrade, humiliate and embarass'.
Court documents allege that Google breached the Computer Crimes Act in Thailand by failing to act when Hanks submitted a request to Google earlier this year to remove the offensive material. It is alleged Google responded claiming they were immune from prosecution under US Code 47 USC 230 ( the Communications Decency Act) and refused to remove material in dispute.
Following this response from Google Hanks instructed lawyers to initiate a criminal prosecution under Thailand's tough Computer Related Crimes Act.
Hanks said today ' I am not filing a case for defamation, the nature of this post is so incredibly disgusting that I am amazed that Google did not remove it. It is the most disgusting thing I have ever seen written anywhere - and is completely false! When Google refused to remove this post by an anonymous blogger we were left with no choice but to file a case against the service provider'.
Documents filed with the Court allege that Google's Blogger platform and search engine results contain false illegal data and that Google and it's directors have committed multiple criminal offences by failing to remove the offensive posts when requested.
Under s. 15 of the Computer Related Crimes Act in Thailand a 'service provider' can be held legally responsible for illegal content if they are notified properly and fail to remove the material, and s. 17 allows overseas based service providers to be prosecuted in Thailand.
Lawyers acting for Hanks say the case has no link to the #right to be forgotten case in the European Court of Justice.
Lawyers acting for Hanks say the case has no link to the #right to be forgotten case in the European Court of Justice.
The Court has issued summonses to the defendants and the case has been set down for a preliminary hearing on 20th October 2014 to allow the Court to decide if a prima facie case exists to then take the case forward to a full trial.
"Hanks alleges that a small number of individuals -around 4 or 5 he believes - have been using the blog and a number of fake Google profiles to engage in an ongoing coordinated campaign of abuse and cyber harassment."
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