CRIMINAL INDICTMENTS FILED IN THAILAND AGAINST GOOGLE DIRECTORS Bangkok, Thailand 28th July 2014 - US based directors of internet giant Google to face Court in Thailand in landmark Cyber Harassment case. In what is believed to be the first case of it's kind, multiple charges were filed today in Bangkok Central Criminal Court in two separate criminal indictments naming as defendants Google Inc, it's founders Larry Page and Sergey Brin, and also CEO 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. Two expatriate business men with business interests in Thailand, David Hanks, 66, and Brian Goudie, 47, filed the criminal charges in case number 2395/2557 and case number 2396 /2557. Hanks Goudie 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 and Goudie with lawyer Nattawat Damnaphoen submitted criminal indictments to the Bangkok Central Criminal Court alleging that Google has provided hosting services via it's Blogger platform to an 'alternative news site' - a site they say has been at the centre of a campaign of defamation and, cyber harassment that has spilled over into threats of violence, and real world stalking. Hanks and Goudie allege that the owner of the blog along with a small number of individuals -around 4 or 5 they believe - have been using the blog and a number of fake Google profiles to engage in an ongoing coordinated campaign of defamation, abuse and cyber harassment. Hanks and Goudie allege that the blogger has misreported decades old stories, posted electronically altered 'photoshop' images with the intent to embarrass and humiliate them, and has subjected the two men, their family, friends and business associates to an incessant tirade of abuse going back over two years. The Blogger at the centre of the controversy was given a four month suspended jail sentence in Pattaya Provincial Criminal Court earlier this year after being convicted in a case brought by Hanks, and will face Court again in three new cases on August 6th 2014 on related charges. In addition they say, the Blogger is now on bail awaiting trial in two other cases. Court documents allege that Google breached the Computer Crimes Act by failing to act when the men 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 220 ( the Communications Decency Act) and refused to remove material in dispute. Following this response from Google the two men instructed lawyers to initiate a criminal prosecution under Thailand's tough Computer Related Crimes Act. Documents filed with the Court allege that Google's Blogger platform and search engine results contain illegal data, or links to 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 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 say the case has been drafted to follow the reasoning that Google is a 'secondary publisher' as found in two previous cases filed against Google in the UK and Australia - in one case in Australia, Trijulka v Google, the Court awarded damages of AUD 241,000 (USD 204,000) - Hanks and Goudie say proceedings will be filed in the UK and Australia, and the US if necessary. The current case follows the recent 'right to be forgotten' decision by the European Court of Justice handed down against Google in June this year. The Court has issued summonses to the defendants and the case has been set down for a preliminary hearing on 22nd September 2014 to allow the Court to decide if a prima facie case exists to then take the case forward to a full trial.
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Criminal Indictments filed against Google in Thailand
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