Blogger goes to Jail for negative Restaurant review!

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Taiwanese Blogger Gets Jail Time For Negative Restaurant Review

Blogger jailed over critical restaurant review - Taipei Times

A food blogger in Taiwan was sentenced to 30 days in jail, given two years probation and fined 200,000 New Taiwan Dollars ($6928 as of 3 PM this afternoon) for writing a negative review of a restaurant in Taichung, Taiwan.

The blogger, whose surname is Liu, called the food "too salty" and said that there were cockroaches in the kitchen. A regular customer read Liu's blog, and told the restaurant's owner about the review.

The owner sued Liu for libel. The Taichung court that ultimately ruled on the case decided that Liu's review was libelous because it was written after just one dinner, and so was not well-informed enough for such harsh judgment. The decision is final.

It's not rare for restaurants to sue reviewers in America, but they almost never win. A 1985 ruling by the 2nd Circuit Federal Appeals Court in New York, in the case Mr. Chow of New York v. Ste. Jour Azur S.A., gave critics extremely wide berth for their restaurant reviews.

The judge in the case explained that American readers understand that reviews represent the opinion of the writer, and so should not be taken factually. Subsequent lawsuits in America have almost never been decided in favor of restaurants--our critics are too influential for punishment!
#blogger #jail #negative #restaurant #review
  • Profile picture of the author Johnny Optimo
    wow that's messed up.. at first I thought it was from the US and I was like.. WTF???

    but hey.. that's a reason to fight for our rights
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    • Profile picture of the author Sire
      That is ridiculous and it's obvious that they don't have freedom of speech in Taiwan. How can it be considered libellous if the guy was just writing about his experience?

      I received an email from a company once over a post I did which they were unhappy about. They said that if I didn't remove the post they would sue. I pointed them to a government site where I got the information from as well as an expose from one of our current affairs program. I also mentioned that if they weren't happy with that I was happy to approach said current affairs program and I never heard from them since.

      That post is still up and ranks on the first page of google whenever someone searches their company name using the word scam
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    • Profile picture of the author nickv
      Originally Posted by Johnny Optimo View Post

      wow that's messed up.. at first I thought it was from the US and I was like.. WTF???

      but hey.. that's a reason to fight for our rights
      I agree 110%
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  • Profile picture of the author Cesar Sampaio
    A nice reminder that most people in this world do not share the same freedoms as we do.
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    • Profile picture of the author SuccessMarketer
      Damn, thank god that we -warriors- don't go to jail if we leave a bad review...
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    • Profile picture of the author B.Smit
      Originally Posted by Cesar Sampaio View Post

      A nice reminder that most people in this world do not share the same freedoms as we do.
      Originally Posted by Sire View Post

      That is ridiculous and it's obvious that they don't have freedom of speech in Taiwan.
      I just read the article after another expat in Taiwan (also a food blogger) posted on Twitter.

      I'm not Taiwanese, but I've lived in Taiwan for the past 12 years, so I feel a little obligated say a few words.

      Taiwan is actually a very vibrant democracy where people do, in fact, enjoy freedom of speech. This was a simple case of libel. Even I think it's somewhat bizarre, but the restaurant owner felt he lost business (and "face") because of the negative review - which he, and the judge, reckoned to be unfair because the blogger based her opinion on only a few dishes.

      Many people might disagree with the judgement, but most countries where the populace enjoy freedom of speech also have laws about libelous public opinion.

      I don't think the blogger should have been fined or punished in any way. I also understand that the restaurant owner felt he had to protect the reputation of his business.

      Bottomline: Taiwanese people, and thousands of people from other countries (like myself) enjoy first class rights and freedoms in Taiwan. One angry restaurant owner and one libel case that ended badly (unfortunately so) for a blogger does not make it North Korea.
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      • Profile picture of the author HeySal
        Originally Posted by B.Smit View Post

        I just read the article after another expat in Taiwan (also a food blogger) posted on Twitter.

        I'm not Taiwanese, but I've lived in Taiwan for the past 12 years, so I feel a little obligated say a few words.

        Taiwan is actually a very vibrant democracy where people do, in fact, enjoy freedom of speech. This was a simple case of libel. Even I think it's somewhat bizarre, but the restaurant owner felt he lost business (and "face") because of the negative review - which he, and the judge, reckoned to be unfair because the blogger based her opinion on only a few dishes.

        Many people might disagree with the judgement, but most countries where the populace enjoy freedom of speech also have laws about libelous public opinion.

        I don't think the blogger should have been fined or punished in any way. I also understand that the restaurant owner felt he had to protect the reputation of his business.

        Bottomline: Taiwanese people, and thousands of people from other countries (like myself) enjoy first class rights and freedoms in Taiwan. One angry restaurant owner and one libel case that ended badly (unfortunately so) for a blogger does not make it North Korea.
        Thanks for that clarification. It's good to hear from the people actually living somewhere - it's sometimes the only way we can tell what is real about what is reported to us.
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  • Profile picture of the author JamesGw
    Insane. Libel requires that what is written be false. If there were cockroaches there, then there are really no pretenses with which they should have been able to sue him. Insane.
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    • Profile picture of the author NOSLEEPATALL
      I would love to do that to a few of the places that I have eaten at. Matter of fact I could on Yelp and then what could they do?
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  • Profile picture of the author HeySal
    It's crazy alright. Exactly what good are reviews if they have to be nice and cushy by law? They can force people to shut up about anything they see to be truth - but everyone will understand that reviews have turned into "ordained and regulated" pieces of fluff and soon there will be no reviewers. Nobody will trust a word of it so will just ignore it. Those giving bad products and services will continue to lose customers anyway. They will just lose them slower than if their business is shoddy enough to earn bad reviews. They will also lose the benefit of feedback from users that could help them identify their problems and fix them.

    Taking freedom of speech is something that the powerful often seem to want to do-- but it has never ever really worked for them in the long run.
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  • Profile picture of the author Ben Gordon
    That's why I live in Canada. In Canada, everybody is entitled to free speech. If they were to sue me, well let's just say, it would've gone horrible for them. He was doing nothing wrong, and he wouldn't have been fined that money, nor put in jail if he lived in Canada or even the United States I'm sure.

    Ben
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    • Profile picture of the author LarryC
      I have nothing against Canada and don't know much about their laws, but I've heard that freedom of speech is somewhat limited by extreme "PC" type laws. That is, books, literature, etc. can be banned if it's deemed offensive to some group or other.




      Originally Posted by Ben Gordon View Post

      That's why I live in Canada. In Canada, everybody is entitled to free speech. If they were to sue me, well let's just say, it would've gone horrible for them. He was doing nothing wrong, and he wouldn't have been fined that money, nor put in jail if he lived in Canada or even the United States I'm sure.

      Ben
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  • Profile picture of the author jasonthewebmaster
    Banned
    Thank God our country is still free... at least in some way!!
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  • Profile picture of the author LukePeerFly
    That's crazy!
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  • Profile picture of the author kangtj
    That's horrible, people goes jail just because his comment.
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  • Profile picture of the author x3xsolxdierx3x
    It's a bit unclear to me just HOW influential this blogger is and how far-reaching the comments were.

    The second link does say THIS:

    "and has received more than 60,000 hits on her Web site"

    Is this what her site receives each day? Each month? Each year? Gulp...since she began blogging in _____ (?)

    For all we know, she may have very few readers, outside of the ones specifically attracted to her blog as a direct result of this lawsuit.

    I do agree with another poster here that, in order for this to be libel, I would think the comments would have to be untrue. If there were cockroaches there, there were cockroaches there.

    Instead, a better approach may have been what Dominos did when one of their pizzas was delivered haphazardly with cheese and sauce stuck to the top of the box: their owner addressed it head on, recognized what happened, and vowed to do everything he could to not let it happen again.

    If there were cockroaches, address it....but, then go on a social media blitz showing everything you are doing to do right by your customers....even contact the blogger and form a bit of an alliance. Seems like an amazing opportunity squandered had they just approached things a little differently than a lawsuit.
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  • Profile picture of the author Chris Worner
    Admittedly when I opened this thread I was expecting this situation to have taken place in the US. After all, a woman did successfully sue McDonald's because she was an idiot and spilled her hot coffee all over herself.

    Chris
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    • Profile picture of the author Steven Miranda
      Originally Posted by Chris Worner View Post

      Admittedly when I opened this thread I was expecting this situation to have taken place in the US. After all, a woman did successfully sue McDonald's because she was an idiot and spilled her hot coffee all over herself.

      Chris
      My thoughts exactly. What has the world come to nowdays....
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  • Profile picture of the author LarryC
    Even if this was libel, which is at least debatable, how does jail time fit into this? As bad as many laws in the U.S. are, at least here when you sue somebody, it's not a criminal case and the worst that can happen to that person is they have to pay you. That's logical, as libel isn't a crime against "the people" but an alleged offense against one person or business.
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  • Profile picture of the author yukon
    Banned
    How many times do you you have to eat trash, to be able to legally say "This is trash"! :rolleyes:

    I would have told the judge "YOUR OUT OF ORDER"!

    No joke, If I was in a country like that, I would do everything possible to get the he!! out!

    Greenland isn't looking so bad now is it?
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    • Profile picture of the author Ray Jonnes
      Free speech in Thailand... It is like a joke
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      • Profile picture of the author Kay King
        If there were cockroaches there, there were cockroaches there.
        That might be the entire case right there. Everyone is saying "if there were..." but what if there weren't? What if were someone trying to think of harmful things to say about a business only because THEY were dissatisfied?

        You can say the food was salty, or terrible or that service was slow or rude - and that's from your personal experience. It's opinion and no proof is required.

        When you make claims of cockroaches in the kitchen - you need to explain how you know this is true. Was a one time diner allowed access to inspect the kitchen? Was the person in that kitchen at all?

        I don't think we know the whole story - but it's a catchy headline.
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        • Profile picture of the author x3xsolxdierx3x
          Yeah, we don't know the whole story.

          The burden of proof should be on the blogger, at least with regards to the cockroaches comment.

          If she can't prove that there were, in fact, cockroaches there, then her statement would be false...and libel occurred. If this were the case, I think the restaurant was justified. If it were true, I still believe I would I would have pursued a different approach than a lawsuit.
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          • Profile picture of the author High Horsepower
            Is there honestly a restaurant on the entire planet that hasn't had a cockroach?
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            • Profile picture of the author Dan C. Rinnert
              Let's approach this from a different angle.

              Imagine you are a restaurant reviewer.

              You eat at a restaurant and find that some of the dishes you ordered have cockroaches in them.

              Unfortunately, you don't have a camera with you.

              What do you do? Do you review the meal as you normally would? Do you not do the review? Do you warn your readers? Do you not warn your readers? Do you come again with a camera?
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              • Profile picture of the author Kay King
                You eat at a restaurant and find that some of the dishes you ordered have cockroaches in them.
                That's a different story as there was no claim of roaches in the food. One story said "in the restaurant" while the other said "in the kitchen".

                If I went into a restaurant and saw cockroaches - I'd never know the food was too salty as I wouldn't eat it:p
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              • Profile picture of the author High Horsepower
                In a way I can understand why Business Owners go ballistic over bad reviews.

                I own two brick and mortar businesses, both are on Yelp, social sites, etc... A "One Star" review on Yelp negates 15 Five Star reviews. In other words, I need 15 Five Star reviews to offset some loser who post a One star.

                Many Yelpers are whiny ass hipsters who demand special treatment. I didn't ask to be on Yelp, someone years ago posted a 5 Star review there about my business and now I'm stuck. I contacted Yelp to remove my business completely but they Refuse to delete my listing.

                That friggin Yelp site follows my money site everywhere including Google Places. A royal PITA.

                Yelpers can be extremely unbearable to work with. I've had Yelpers Blackmail me telling me If I don't give them great service and a discounted price they'll do their best to destroy my business. Since I market to offline businesses I now Warn new marketing clients the double edge sword of dealing with social sites. They can be a miracle and also a way to bankruptcy court.

                I learned a long time ago (the hard way) to have many traffic sources to get business.



                Originally Posted by Dan C. Rinnert View Post

                Let's approach this from a different angle.

                Imagine you are a restaurant reviewer.

                You eat at a restaurant and find that some of the dishes you ordered have cockroaches in them.

                Unfortunately, you don't have a camera with you.

                What do you do? Do you review the meal as you normally would? Do you not do the review? Do you warn your readers? Do you not warn your readers? Do you come again with a camera?
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  • Profile picture of the author HigherPrThanGod
    That's unbelievable.

    Why would he go back, if it had cockroaches in it?

    lol
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  • Profile picture of the author synergyxtr
    Wow I didn't know taiwan was a strict country for bloggers. Anyway in the USA people go to court because of their twitter and blog articles. So i guess it is not that far fetched.
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  • Profile picture of the author Sunfyre7896
    Taiwan is part of communist China. Enough said.
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  • Profile picture of the author seasoned
    I DOUBT the problem was about it being salty. MISTAKES HAPPEN! TASTES DIFFER! Such a problem is MEANINGLESS unless you have past experience with the reviewer.

    I DOUBT that was the problem.

    In many civilized areas, Cockroaches ARE a BAD thing! If he said there were cockroaches, and there weren't, he SHOULD have been convicted!

    As for freedom of speech? OK, so it is ok for me to accuse you of MURDER? Maybe I can come by and leave a bloody glove?

    It is a TWO WAY STREET!

    Steve
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  • Profile picture of the author seasoned
    A COMMUNIST CHINESE Coworker told me taiwan was part of COMMUNIST CHINA. I was told it WASN'T! They have been bitterly battling such things. It would be a diplomatic nightmare in so many ways for china to ACTUALLY attack taiwan, so they try to keep it diplomatic. They have different TV standards(based on what a TAIWANESE coworker told me) The CIA seems to agree with me and the taiwanese coworker!

    https://www.cia.gov/library/publicat...k/geos/tw.html

    BTW that communist chinese coworker CLAIMS that most chinese people have a VERY good opinion of Americans in general. Hopefully he wasn't pulling my leg. I told him that americans have nothing against the chinese and wouldn't attack china, but the military buildup in China just forces us to make sure we can assess things, etc... Heck, I think he and I kind of hit it off. If the chinese person wasn't pulling my leg, the average chinese person would be AGAINST attacking the US, with no provocation.

    Steve
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  • Profile picture of the author derekwong28
    The jail sentence is a suspended sentence which means that she is unlikely ever to go to jail. But still it is very strange how a private civil litigation could turn into a criminal conviction for defamation.

    Freedom of speech does not include the right to ruin the lives of others through malicious and unfounded libels. Many countries have tough libel laws. In the UK, large awards are quite common. In the case of many Asian countries, their democratic system is incomplete because their judiciary and civil service are often completely dominated by one party.

    Sometimes, the government use anti-libel laws to silence opponents. We see this Singapore where the Government sues opposition politicians for libel all the time, to the point of bankruptcy.
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  • Profile picture of the author WilliamBerg
    Just to clarify. In most cases it can be libel even if it is true. It does not need to be a lie to be libel. If it is said to hurt the reputation of a person or business it is libel regardless of whether it is true or not. (Once again this is true for most countries.)

    Usually a review can be damaging for the reputation of a business, person or food establishment but it is not libel because it was not posted to do harm, but to give other people your view of the restaurant. That it might in fact have caused damage is than irrelevant as that was not the purpose.

    LLM
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    • Profile picture of the author seasoned
      Originally Posted by WilliamBerg View Post

      Just to clarify. In most cases it can be libel even if it is true. It does not need to be a lie to be libel. If it is said to hurt the reputation of a person or business it is libel regardless of whether it is true or not. (Once again this is true for most countries.)

      Usually a review can be damaging for the reputation of a business, person or food establishment but it is not libel because it was not posted to do harm, but to give other people your view of the restaurant. That it might in fact have caused damage is than irrelevant as that was not the purpose.

      LLM
      I saw a number of sites that define it as a LIE!!!!!!! WHY should ANYONE be able to sue another for saying something that is defamatory but true? If that were prosecuted all the time, it would OBLITERATE the court system! I mean a wiitness couldn't testify, charges couldn't be brought, the jury couldn't state an opinion, the judge couldn't rule against. OH YEAH, reviewers couldn't compare, or say anything against.

      Steve
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