Police made poor decisions in suggesting they would charge the Samui Times website over the Koh Tao rape allegations, and in threatening other media as well. There are two reasons they are wrong. The first is that there is no "fake news" or false reporting involved. Secondly, the threat to bring criminal charges in this case will harm the country's image many times more than the reporting of the incident ever could.
At the weekend an arrest warrant was issued against the "publisher" of the Samui Times, British subject Suzanne Buchanan. For the second time in a year, officers have found that she can't be found on Koh Tao, Koh Samui or anywhere in Thailand. Nevertheless, they hope to press charges under the Computer Crime Act (CCA) for entering false information into a computer, tarnishing the reputation of Koh Tao.
The problem is that police of Surat Thani and Provincial Police Region 8 are barking up the wrong tree. Their accusations against the media are wrong from the start. Neither the Samui Times website nor other media have reported falsely on the case at hand. It involves a two-part accusation by the mother of a 19-year-old British backpacker who visited Thailand in June and July. It is fact that she alleged her daughter was raped on the Koh Tao beach and then, subsequently, that police in Koh Phangan flatly refused to take her complaint about it.
That allegation was made. Because it was made, police, including high-ranking officers, investigated. Because it was made, the Samui Times and other media reported it. It appears police are angry that the Samui Times and another popular, muckraking Facebook site known as CSI-LA were too loudly outspoken in criticising their actions in this and previous Koh Tao incidents. None of the above is criminal even by the terms of the hugely flawed CCA. Recounting the facts of the British woman's allegations in no way constitutes false reporting.
Even the suggestion it does is not just contrary to law, but the beginning of a slippery slope. No warrants have been issued, or should be, because of media reports that the prime minister predicted he would fight corruption by bringing indictments against the top government officials accused of the crime.
Police have concluded tentatively that the rape alleged to have occurred on Koh Tao did not happen. They claim they have proved that the exact events described by the mother of the English woman did not take place in late June. Literally, time and tide made the crime impossible. They also admit that they cannot prove a negative and have put out a call to the alleged victim and others to come forward if they have further information.
The media in Thailand and abroad did not report there was a rape or police malfeasance. But there were allegations made credible by witnesses. The press reported the facts, as it is their job to do. Responsible newspapers and broadcasters, magazines and websites not only choose to report unverified events and predictions, they have a duty to do so.
Police should immediately pull back from this attempt to persecute and prosecute the media before they tarnish the country further. If they refuse, it is the duty of their political masters to make them do so. And any attempt to charge 20 Facebook users who clicked "share" on a version of the rape allegations is even worse. Millions viewed and heard the Koh Tao rape allegations, and thousands liked, forwarded and shared.
It appears police feelings have been hurt. That is not an authorisation to turn the law on those who reported on the story. Nor does it justify attempting to intimidate the media over coverage of sensitive issues such as harm to tourists or the reputation of Koh Tao.