In the United States, I could see a passenger trying to sue an airline for a diversion. Meanwhile in Thailand, an airline is suing a passenger for complaining about a diversion, as flagged by View from the Wing.
In this post:
Traveler complains about Thai Airways diversion to Sydney
This incident happened on January 28, 2024, and involves Thai Airways flight TG465 from Bangkok (BKK) to Melbourne (MEL). The flight was operated by a roughly five-year-old Airbus A350-900 with the registration code HS-THN.
On the morning the flight was supposed to land, visibility in Melbourne wasn’t good. After some time in a holding pattern, the decision was made to divert to Sydney (SYD). The plane spent some time on the ground, and then eventually operated the short flight from Sydney to Melbourne, arriving a bit over four hours late.
The point at which this story gets interesting is that one passenger who claimed to be a regular on the route took to Facebook to complain about this diversion. He claimed the diversion was unnecessary, and accused the crew of not carrying enough fuel, and of not being assertive enough with air traffic control.
He also claimed that other flights were landing in Melbourne without issue, and that skies were clear through the windows of the aircraft. This post ended up getting quite a bit of attention, especially after a well known Thai Airways pilot on social media took time to respond to these complaints, and set the record straight.
This passenger sounds like a gargantuan knob, plain and simple. How absurd to baselessly question a pilot’s decision to divert, especially with logic like “but it was clear when looking out the windows.” That being said, if it were illegal to act like an idiot on the internet, we’d have to shut the whole thing down, no?
Well, this isn’t the end of the story…
Thai Airways sues passenger over complaint
Thailand has some of the world’s strictest defamation laws, which are often taken to the extreme. So complaining about something online can often be interpreted as defamation, and we’ve seen a countless number of these cases over the years.
Well, that’s exactly what Thai Airways is pursuing. The airline states that the crew followed international safety and security standards, and is now seeking to protect its reputation in the form of pursuing legal action against the passenger. The airline is emphasizing the importance of not misleading the public.
The airline claims that its decision to sue the passenger reflects “its commitment to maintaining a high standard of safety and security, while also safeguarding its reputation against harmful and inaccurate public perceptions.”
The airline is pursuing legal action even after the passenger retracted his post and apologized, expressing regret for his hastily written post. He even wanted to apologize to Thai Airways management in person on his next trip to Thailand.
This just seems to be how business is often done in Thailand, and I find it very strange. I don’t understand the point of drawing even more attention to this incident. And seriously, have you looked at the comments section of an airline Facebook page recently? If baselessly criticizing the airline were illegal, half of the United States would be in jail…
Bottom line
We often see Thailand’s defamation laws in action with negative hotel reviews, but in this case an airline diversion is taking center stage. A passenger criticized Thai Airways’ decision to divert a flight, which admittedly was a stupid claim to make.
The airline is now pursuing legal against the passenger, based on Thailand’s defamation laws. The airline claims that it’s doing this in order to maintain high safety standards, and safeguard its reputation.
What do you make of this Thai Airways lawsuit?
The laws are those of Thailand and I respect those as I do any countries laws. If I don't like the laws I don't support the country but Thailand is a second home to me and it's people are just awesome. I can understand Thai Airways point here. The world is full of smart idiots who would struggle to parallel park their car let alone fly a plane. As someone with an udnerstaning of aviation...
The laws are those of Thailand and I respect those as I do any countries laws. If I don't like the laws I don't support the country but Thailand is a second home to me and it's people are just awesome. I can understand Thai Airways point here. The world is full of smart idiots who would struggle to parallel park their car let alone fly a plane. As someone with an udnerstaning of aviation I am sure Thai airways did the correct things. Let's hope this makes people think before they plaster their stupid comments all over the web.
I am afraid to comment. I might be next!!!
As a Thai, I can chime in a little bit on this. I think it is fine to criticize Thai Airways. A lot of us criticizes its poor management, plane swapping, poor quality catering, etc. I did that all the time and it seems fair to call out the fact for fact.
In this case, I think the passenger used insulting languages and self-made facts leading to the lawsuit.
The languages such as the captain...
As a Thai, I can chime in a little bit on this. I think it is fine to criticize Thai Airways. A lot of us criticizes its poor management, plane swapping, poor quality catering, etc. I did that all the time and it seems fair to call out the fact for fact.
In this case, I think the passenger used insulting languages and self-made facts leading to the lawsuit.
The languages such as the captain is an idiot and should "Put on a skirt", stating that the airline did not put on enough fuel, the crew lacks competent in English, etc. are a grey area in defamation suit because it can lead to possibility of suggesting that TG did not comply with ICAO regulation on Fuel and Crew's English competency.
Moreover, I think this lawsuit is rather a deterrent tactic, and I think it will get settled out of court or dropped before reaching the court decision since the passenger already issued a public apology.
I love Thai airways, the best service, friendly staff who go out of their way to help and safety is always number 1. Some people just like to complain for the sake of complaining.
Thai airways keep up the good work and I will see you soon
The U.S. has the first amendment, which protects free speech. Plus, being a largely Christian country, people there observe the “turn the other cheek” creed and allow others to vent. In Thailand and most Asian countries, these things are almost nonexistent because of the uniformity culture + the culture of not questioning authority. I guess the lesson learned here is the good old adage “when in Rome.”
I'm surprised to see so many people defending TG. It seems to me that the company would have more important things to worry about than FB comments.
Thai laws are getting more strict that's why I'm planning to leave after 21 years most happy but, as journalist it ain't worth it, Graeme
Dont be sorry. Be brave enough to face ur baseless complaints. Dont be sorry, dont delete. U think u can just say whatever u want. U are better than the pilot huh? Buy ur own aircraft... And do as u please, no one cares!
Did you bother to check conditions on the day for Melbourne? We're other flights landing with impunity? Throwing opinions about is all good, but please for the love of God, back them up with facts and do some simple research
Can you read Thai if you can't then I don't surprise that you give this kind of opinion why you don't understand.
Thai people always trash Thai Airway a lot and many times they deserve its since their ground staff is quite bad. However , that passenger action is unacceptable at all. His behavior is not only bad but his language that he used is far worse.
Thai language have more way to condemn...
Can you read Thai if you can't then I don't surprise that you give this kind of opinion why you don't understand.
Thai people always trash Thai Airway a lot and many times they deserve its since their ground staff is quite bad. However , that passenger action is unacceptable at all. His behavior is not only bad but his language that he used is far worse.
Thai language have more way to condemn other people than English and when people complain we can still be civilized but no this guy use the language in one of the most assault way. Even if his critics is valid many people will find his post unacceptable but his critics is not valid at all so you can guess what people reaction would be in this case. Any person who would side with him would be only the real hater of Thai Airway.
I totally agree with Thai Airway action that you have to save the dignity of the crew this time not only because they are your employee but as a fellow citizen. The passenger behavior is similar to the action of the daughter of Korean Airline(can't remember the exact airline only belong to Korea) who throw a nut to the air attendant. This is the behavior of someone who think he is so elite that he can trash other people anyway he want and make it look like he just doing the right thing.
This article is about why should 95% of the world population should follow the 5% the population of U.S.A.'s standard of social practice and customs
I love it. You have a freedom of speech, but it doesn’t mean you can say whatever you want.
This person might have been unreasonable. Safety is important. Still, for those who have travelled in Asia, there is this culture taught in school that constructive criticisms are not allowed. This causes many citizens to not grow much. Too many cultures & people are too proud to re-assess. Have you checked the English spelling system lately?
Well, that passenger definitely defamed the airline, captain and crew. You didn't see what he actually wrote. It's not a case of a corporate silencing its customers for fair criticism. The accusation made by that passenger deserves to be taken to court.
That's OK to the people that saying they won't travel to Thailand because of this. You will not be missed. Plenty of other people will fill your spot. Thanks.
An added context here is that trashing Thai Airways is our national past time. Most are of course reasonable: frequent delays, plane swap (esp the A320 business class fiasco), and the declining service (which I find debatable) and the airlines won't be dumb enough to sue people for these complaints. But this dumb ass took things a step too far and accused the flight crew of being too incompetent to land the plane. So I'd say he gets what he's asking for.
The question is whether any judgement will be enforceable in Australia. I’m not a lawyer, but I’ll wager that any attempt to enforce the judgement here or extradite the defendant to Thailand would be quite literally laughed out of court, with Thai Airways ordered to pay his costs on an indemnity basis.
You are 100% correct. He just won't be able to travel here again.
The poster is Thai
Australian authorities should ban Thai Airways for terrorizing passengers. I would boycott Thai Airways for suing a passenger for telling the truth but I already avoid TA for their atrocious safety record.
I think the passenger in question is a complete idiot who the he'll does he think he is I have the uttermost respect for the captain to make such a call and thai airways are excellent I hope they ban the passenger from ever flying Thai airways again .it.
Won't be fling Thai airways any time soon. Wow.
I mean, idk if I'd hold up an American comment section on Facebook as as paragon of proper behavior, but you do you.
He didn’t say the comments section of Facebook was “proper behaviour” did he? But laws in many countries mean you have to do a lot more than have a dig at an airline to end up in court. Indeed, in Australia only people - not companies - can be defamed.
Refreshing change for an airline to sue this a hole passenger. Those commentators inexplicably rooting for this sooky baby pax claiming this will damage the airline are looking at it the wrong way round. Maybe the effect will actually be to quiet down those other potential a hole pax who sulk and whinge when things (beyond the airline's control) go wrong. I can live that.
ThaiAirways sucks!
It is one of the worst customer service airlines in modern time.
On 20 Sep 2023 my flight to Manchester from Coperhagan was missed due to their long delay in Bangkok and they only managed to take me to London without offering me any assistance to go to Manchester.
After some struggles I did find my way to go to Manchester and they did not even pay my extra expenses.
Good that they sue the passengers and I am also suing them for breach of contract!
Yes, the airline wanted the added expense of needlessly diverting to SYD, likely delaying the return leg. How dare that evil airline take action to ensure the safety of its passengers!!! The nerve!!!!! (Insert derisive eyeroll *here*)
No sympathy at all for the passenger. Classic case of FAFO.
I don't think it's news to anyone that Thai law does not protect free speech, so a regular on the route should know to be careful about what he says. That said, obviously these Thai companies have never heard of the Streisand Effect.
A company suing a person for defamation has nothing to do with free speech. You can't just sling wild accusations around.
We are in no position to criticize foreign cultures or judicial systems as ours is not the model of the world. We have Supreme Court knuckle heads issue a final decision in areas in which they have no basic education, training and experiences in rather than deferring to agencies' experts. Previous commentators expressed their opinions that reflect their ignorance of how a baseless criticism can adversely affect a business, insult a person's qualifications, or endanger...
We are in no position to criticize foreign cultures or judicial systems as ours is not the model of the world. We have Supreme Court knuckle heads issue a final decision in areas in which they have no basic education, training and experiences in rather than deferring to agencies' experts. Previous commentators expressed their opinions that reflect their ignorance of how a baseless criticism can adversely affect a business, insult a person's qualifications, or endanger a life. They also have never experienced an injustice in life. People should weigh the consequence of their act or rhetoric before expressing it or how to express it. The complainant is smart enough not to ever set foot in Thailand or fly its country's airline. We see it strict but they can view ours as a lawless country where crimes and violence are prevalent and three equal branches of government disrespect the laws in an antagonistic power grab conflict.
"We are in no position to criticize foreign cultures or judicial systems as ours is not the model of the world."
Nope. One's judicial system doesn't need to be perfect to criticize another's.
Also, it's not "complainant" in this case, it's "complainer."
If you think Thai Airways has thr worst service, I welcome you to fly many other airlines around the globe to experience much worse! Buying a ticket, doesn't make one a stockholder of an airline. Neither does it make one a decision maker above the Captain operating the flight!
The usa have every right to criticize most countries because when these countries encounter a natural disaster or major threat, one of the first thing they will do is reach out to the US for financial assistance. If a family member keeps asking me to borrow money you better believe I will have vocal opinions about their life choices.
An hour and a half is now "a short flight" ?
always has been, it's clearly short-haul.
Yes. I mean, it is, isn't it? It's hardly medium haul. What would you call it?
Thai's service has gone steadily downhill over the decades I've been flying them, to the point that I avoid them for long-haul trips. The in-flight "service" is almost at USA levels, so far have they fallen.
I guess I'm going to be sued now. Good luck with that, Thai Airways.
And btw, Thai Airways, suing a pax for complaining, even baselessly complaining, is going to cause a reputational hit much larger than the pax's complaint.
Sad to hear Thai joined the US airlines in the race to the bottom.
If you look at their FB they should sue all the passengers claiming refunds as they have been writing abusive messages for the lack of any action
That may be precisely why they sued one person, to make everybody else complaining to second guess themselves now and later.
I wonder if they are also scanning our comments here and planning to pick up one of us and charge us with some defamation or any order law they have...
Nah that's china's job.
But if you criticize their monarchy oh boy...
I want aware Americans used the word 'knob' like we do over here :)
We don't. 8/10 would have no idea what it means.
I only know a knob of butter because of the great British cookoff shows.
The passenger may be a knob, but Thai Airways management are being right bellends!
Suing a customer for a complaint is absurd. If the passenger was disruptive and caused a diversion that’s a different matter. If a customer sent threats and abusive language to staff, they can be blacklisted. But if you simply complain there is no legal recourse. What do they plan ? A prison sentence? Monetary compensation?
So if someone goes on their social media and complains, do they plan to sue them. What if the...
Suing a customer for a complaint is absurd. If the passenger was disruptive and caused a diversion that’s a different matter. If a customer sent threats and abusive language to staff, they can be blacklisted. But if you simply complain there is no legal recourse. What do they plan ? A prison sentence? Monetary compensation?
So if someone goes on their social media and complains, do they plan to sue them. What if the passenger is an Australian resident ?
What if I complain about the quality of the food. Would they sue if from
their perspective it was ok?
Come off it, people complain about diverting all the time, however if they are that bad I would avoid flying with them.
So in a nutshell Thai should mention on their website that they went accept complaints.
Mai pen rai, a phrase to use in Thailand when gently complaining. "Yes, my room has no air conditioning but mai pen rai". This allows complaints while saying it's no matter.
Thailand’s defamation laws are among the strictest in the world, similar to section 112. All there just so that Salims can continue with their kleptocracy. TG has transformed into a garbage company, a slim shadow of its former past.
I'm grateful for this kind of absurd laws as they help to single out countries with flawed legal systems, which I shall avoid visiting in the future. Thailand is a place I'd like to visit, but the number of cases where people got into legal trouble for posting a review is a good reminder to go somewhere else.
Every country has a flawed legal system. The question is "What are the flaws and how likely are they to impact me?" Truth be told, there's probably a happy medium between Thailand's "Any complaint is defamation." position and the US' "There are no legal consequences ever for saying anything at all."
I don’t know if that’s a good summary of US defamation laws. In the U.S., the bar to prove defamation is high, especially for public figures. But if you can clear the bar, there’s no place you’d rather win a financial award. :)