Thai law and Internet.

Hi there!
Last month watching in Internet web pages I saw me and my TWs photos in an interrnet Thai site of some Phuket bar.
She was working there three years ago and we also visit this bar last year.They take some photos without we know about this and now they have upload our photoes in their site.There are two old photos of her too. I send an email to webmaster (two falang ladies)please and begging them, respecting our desire to delete our photos from there. I have not answer still and our photos are still in their web site. Does anyone knows what can we do?? Can Thai low protect us??

Say she's got a twin sister if it bothers you that much!

So she worked a bar, This is Thailand!, don't mean she's a bad lady!! .. I have a few friends that married thru bars and many years down the line they are still together and happy.

Deatr panic, I have not promblem with my wife!! Read again.WE dont accept our photos uploaded in a web site!
Anyone to say something more serious mind???

metalic wrote:Hi there!
Last month watching in Internet web pages I saw me and my TWs photos in an interrnet Thai site of some Phuket bar.
She was working there three years ago and we also visit this bar last year.They take some photos without we know about this and now they have upload our photoes in their site.There are two old photos of her too. I send an email to webmaster (two falang ladies)please and begging them, respecting our desire to delete our photos from there. I have not answer still and our photos are still in their web site. Does anyone knows what can we do?? Can Thai low protect us??

It is doubtful that Thai law will protect you even if the servers and the company providing host services are here, however if you knew the hosting service you could write a letter of complaint if the website owners don't do something in what you think is a reasonable time. If all parties are registered outside the country it is unlikely that you would receive any answer different than you would get here.

If you weren't happy with a no change result after writing to everyone concerned, then you could resort to legal action but of course there is a cost to pay with no guarantee of success, which in any case I doubt would be successful.

I think what Astana says is probably as good an answer as you can expect to get metatic.
The laws on what infringes privacy are very subject to interpretation & vary considerably from country to country. The server on which the site you have an issue with is undoubtedly in a country other than Thailand and so it is doubtful if any legal action could be taken in Thailand, under Thai law even if it is actually illegal under Thai law. Even in countries where the law maybe clearer, some form of damage has to be established by you. The claim as you appear to present it does not appear to suggest that there is any mischief or picture manipulation involved, so it is very improbable that the site are actually committing any legal offence. Just because the picture(s) is old & you do not like it means little on its own.
The only probable route you have is to plead your case with the webmaster of the site. This should undoubtedly be done either by e-mail or personal message to them. Concentrate on how upsetting that the showing of these images is and ask for their assistance in resolving the matter. - Appeal to their good side!!! Do not threaten legal (or other) actions. In my experience people react badly to threats, especially ones that they know cannot be followed through.
If you have already written to them in a belligerent manner (which is possible, because the situation is upsetting to you) then I can only suggest that you write them an apology immediately & explain that your 'rudeness' was an indication of how upset you are about the matter & it was wrong of you to direct it at them.

Metalic,,,,,,,,,,,,, as others have stated, we're all just shooting in the dark here as regards to Thai law, even if you could get someone to prosecute it.

An interesting aspect to the situation is personal privacy,,, IMHO, I believe that most courts in the US have found that a person out in public is generaly considered to have no expectation of privacy.

The rub is that if a photographer uses someones image and makes money without getting a signed release for use of the person's image, that is a violation of law in some locales. The situation as explained here in the OP seems to be that the bar is using the image to further their business and does not have a signed release of any kind. I think that could be very interesting to examine...... But the bottom line is,,,,,,,,,, TIT and nothing will come of pursuing it.

I'm perusing a printed copy of udonmap magazine (last year's)....that includes 11 advertisements for bars with girls in the photos. Whether it's true or not, I think one would assume that the girls in the photos work in the bars.

From advertisements, to porno films, myspace, facebook, blogs, cellphone photos and on and on.....once this stuff gets on the internet, good luck trying to get it off. And even if you're successful, what do you do about the printed version of the same photos?

I'd guess your only hope would be if someone misrepresented you in an ad........photoshopped your mug shot from your high school album into an ad for a bar. You might have a prayer at getting it removed, even in Thailand if you had a good lawyer. But if you're a legit worker at the bar and your photo is plastered over the internet, que sara sara.

Thanks a lot for your interest replies.I think in all aroud civil world none can make use of someones images without his permit!!! I get angry to see my image in a commercial web site.But I wrote a very polite email to webmasters already (no reply still) and I am thinking to send one more again some time after.I feel like "Loonglee" said , shooting in the dark!
I ll be there for Songkram and I am going to ask some Udon lawyer , if nothing has change until then.

Please forgive my poor English!!

I say give them both barrels Metalic, dont go easy on them, and I say that after practising law now for over ten years. there is a considerable amount of International Law these days pertaining to the interent, and other things like defamation of character, hate mail, intellictual property rights, and so on.. No I word give them the hard word, and wouldnt let up..sit outside their bar with a sign if you have too..

I dont go for the argument that some members have voiced here that just because Metalic's wife worked in a bar at one time, that it is now ok to show her face on the internet. sorry no..that was then, not now..obviously the photo offends Metalic and his wife to see it plastered all over the www, perhaps it reminds them of a different time in her life, one she now doesnt wants to forget, and perhaps she doesnt want any of her new friends, or new employees, or whoever, to see a pic of her former life ..

some members here were all in a twist afew days ago, because this website showed a pic of a guy who supposedly stole a bike, and left without paying his bill..they were concerned about his privacy, his rights, and the webmaster has now deleted that pic...Metalic's position is not that far removed from that..its about privacy, human rights, defamation of character and so on....go hard at them Metalic, they dont have the legal right..your wife is not a current employee who has given them permission to use her pic..

afew typing errors in my last thread..' one she doesnt want to forget' ....should be DOES want to forget..

I would be especially interested for you to supply some cases where it has been found in favour of the plaintiff in a case like the OP outlined. NOTE There is no photo manipulation or fraudulent claims involved in the use of the photograph.
Maybe a case like this would/could find someone willing to proceed on it in a litigation based society - in many countries (including the UK) it would be an impossible case to pursue - and rightly so, just because it "upsets" the person photographed does not make it a criminal or civil offence.

Point taken Jack..I am a law advocate, not a qualifed lawyer..
I seem to do very nicely without the offical piece of paper, but point taken.

[color=#FF0000]I should have added that my statement should not be taken in any way as legal advice, and that he should seek proper legal advice of a Thai lawyer..[/color]

however, I will throw this in for his consideration..Tortious Liability and Network Systems.." Defamation is a statement which tends to lower a person in the estimation of right thinking members of society generally, or which tends to cause him or her to be shunned, or avoided, or which tends to cause the person to be exposed to hatred, comtempt or ridicule, or which is a fasle satement about a person to his or her discredit. The statement can be in the form of words or pictures, visual images, gestures and other means of signifying meaning..'

I agree with Jack, it doesn't seem professional legal advice.
Even if one has a para knowledge of law it depends totally on what country he got it, there are huge differences in law re privacy etc in different western countries, let alone Asian countries.

If Maaka would be right a bar should have to renew their website every time a hostess or other staff member leaves and that is a frequent thing to happen. I think I'm right to say that cannot be expected from a bar.
To the OP: if you visit a bar or other public place you can be subject to photographing. If you see it happen you can request the photographer to leave your face out but your wife could not at that time as she was a staff member.
The only way to achieve something is to ASK for removal of your pics based on privacy of your new life. Thais don't like to be forced and certainly not to be pressed with court cases.
A good idea is to offer to make or finance new photos of the bar....

Joe

nice comment Joe..yes I am well aware of differences in western and asian countries laws and rights, as I have presented cases from USA, AUS, NZ and dabbled in Thai Law..You will never get what you call ' professional" legal advice from me matey, I am alittle more unorthdox thats why I am an Advocate, but I am just as effective, and also I dont believe I said more to Metalic than go hard, give them both barrels and sit outside with a sign..hardly what I would call legal advice..more like moral support..I do not recall stating that he should take them to court...waste of money, when there are other cheaper ways to acheive a result..or as you say pay for new photos..but then why should he have to pay..

I would expect a bar, or any other organisation that was using photos for promotion, to either hire girls to do that job of posing for the pic, actors if you like, or the bar owner to have some sort of contract between him and his staff in order to be allowed to show your face..its thailand I no..if it was my big Mongrel Mob gang brother in law, he would just wander into that bar, stare at you from behind his shades and say get my missues f....ing pic off your f....ing website, and they would be gone in a flash..

not sure what OP means, and will try and track down some caselaw Bob, even though I am sure it is hard to find, its all defamation stuff, like Stratton Oakmont Inc v Prodigy Services Co. 1995..which is not really relevant...sorry i am busy with talks with a govt at the moment over proposed windfarms on Native reserves, just come her to let of steam and chill...