Tripadvisor puts out warning on Thailand hotel after guest gets jailed for one-star review

Tripadvisor has issued a warning to travellers about a hotel in Thailand, after a previous guest was jailed for leaving a one-star review on the site.

Sea View Hotel and Spa in Koh Chang used local defamation laws to have Wesley Barnes, an American who was working in Thailand, arrested for publishing a negative review on Tripadvisor.

“Unfriendly staff, no one ever smiles,” read the review. “They act like they don't want anyone there. The restaurant manager was the worst. He is from the Czech Republic. He is extremely rude and impolite to guests.”

The resort responded with legal action, accusing Mr Barnes of causing “damage to the reputation of the hotel”, and he spent two nights in jail.

“The Sea View Resort owner filed a complaint that the defendant had posted unfair reviews on his hotel on the Tripadvisor website,” Colonel Thanapon Taemsara of Koh Chang police told AFP.

Mr Barnes was released on bail, and issued a public apology in exchange for the criminal charges being dropped.

But Tripadvisor has now said it’s only fair that other potential guests are warned before visiting the hotel.

“Tripadvisor believes in the right of every traveller to write about their first-hand traveling experiences - good or bad,” a spokesperson told The Independent.  

“Travellers love to share good news about their travel and dining experiences on our platform. Most negative reviews posted are valuable customer service and learning experiences for businesses who choose to constructively engage with this feedback.  

“However, Tripadvisor strongly opposes any action where a business, like the Sea View Hotel and Spa in Koh Chang, uses local law to send someone to jail for expressing their opinion.  

“This extraordinary action is why we have taken steps to issue an alert to other travellers, in the form of a notification on the hotel's listing page on Tripadvisor.”

The one-of-a-kind warning reads: “This hotel or individuals associated with this hotel filed criminal charges against a Tripadvisor user in relation to the traveller writing and posting online reviews. The reviewer spent time in jail as a result.”

Sea View Hotel and Spa told the New York Times it was “deeply disappointed” by Tripadvisor’s decision to post a warning notice and that it was “extremely misleading and lacks complete information.”

The hotel claimed to have asked Mr Barnes to remove his reviews originally, but said he completely ignored their requests.

“We chose to file a complaint to serve as a deterrent, as we understood he may continue to write negative reviews week after week for the foreseeable future,” said the resort in a statement, adding that Barnes’ comments included “xenophobic connotations, accusations of slavery and even comments that could mislead readers to associate our property with the coronavirus.”

Defamation laws in Thailand are extremely strict, with sentences of up to two years jail-time and fines of up to 200,000 baht (£4,925) for those who are convicted of “defamation by publication”.