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A group of Britain’s leading authors has accused Tesco of using “deeply chilling” tactics to silence its critics.
Nick Hornby and Mark Haddon are among the writers who have signed a letter in The Times today condemning the supermarket for prosecuting a Thai business leader for making a speech that decried Tesco’s expansion. If the supermarket is successful Jit Siratranont could be jailed.
Hornby and Haddon – together with Marina Lewycka, the author of A Short History of Tractors in Ukrainian, and Deborah Moggach, who wrote Tulip Fever – have also put their names to a longer open letter arguing that a criminal libel prosecution and two civil actions against journalists represent a breach of their human rights.
The authors threw their weight behind the protest – organised by English PEN, a campaign group for freedom of expression – despite the combined sales of their books through Tesco being estimated at £2.5 million, according to The Bookseller magazine.
The letter states that Tesco Lotus, the supermarket’s Thai operation, acted with disproportionate vigour by accusing Mr Jit, a former Thai MP, of criminal libel, which can carry a sentence of two years in prison and a fine of £16.6 million. Mr Jit, who is vice-general secretary of the Thai Chamber of Commerce, made a speech accusing Tesco Lotus of expanding aggressively at the expense of small retailers.
Tesco Lotus, which is 99 per cent owned by Tesco, is pursuing a civil action for £1.6 million against Kamol Kamoltrakul, a freelance journalist who earned £16 for his column in which he criticised the supermarket. A second journalist, Nongnart Harnvi-lai, is also being sued after concluding an article with the words: “Ha, Tesco Lotus doesn’t love Thais.”
The British authors said that the supermarket’s action “sends a deeply chilling message to others who seek, quite legitimately, to discuss Tesco’s impact on their local economy”.
Organisations have the right to protect their reputations, but only if it is proportionate, they wrote. “We urge“ you to drop all actions in Thailand, and to impress your critics with the force of argument, not the threat of imprisonment.”
Lord Lester of Herne Hill, QC, a human rights expert, said that he was outraged by Tesco’s actions. “It is deplorable for Tesco to raise the sword of Thai libel law to suppress honest criticism of their policies and practices in Thailand, especially since they would be unable to succeed in similar proceedings in this country,” he said.
A spokesman for the supermarket said that Tesco stood by its Thai subsidiary, which would have informed its superiors in Britain of its actions. “All three of these actions follow a sustained period of attack on Tesco Lotus in Thailand. It is our fervent wish to reach agreement. We are seeking a public apology. It is very regrettable that we have had to take legal action in Thailand. We had hoped that the individuals concerned would apologise for the false and highly damaging allegations they had made about our business over a sustained period of time but despite numerous attempts to get them to set the record straight, this has not happened.
“These cases are framed in a way appropriate under Thai law but what we want is an apology and a retraction of claims which were false, damaging to our reputation and misleading to our Thai customers and staff. We are still hopeful that these apologies will be forthcoming and that the matters can be resolved by agreement, without the need to resort to the courts.”
Jonathan Heawood, director of English PEN, said that Tesco’s actions had more in common with a tyrant than a supermarket. “The offence of criminal defamation is routinely used by dictators, not corporations. Its apparent deployment now by a UK-based company or its Thai subsidiary, which prides itself on its support for producers and consumers, sends an appalling message around the world.”
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Tesco's should be ashamed of themselves they should be forced by the UK government to account for their actions. Tesco's has got too big for it's boots! Prehaps the Thai supermakets should build on Sir Terry Leahy's land when the building permission goes through to knock his house down. :)
James, Leeds, UK
Tesco Lotus really uses aggressive expansion policy in Thailand. It has the biggest store chain in Bangkok and in large provincial towns. It now serveying for spaces to put up its micro stores at places where large stores would not fit the market size. A lot of pop-and-mom shops lost their business.
T. Tatchai, Bangkok , Thailand
I , for one, will not be doing my shopping in Tesco. u.k. in future, if they persist with their outrageous behaviour in Thailand.
Only one person, but "every little helps"
Barbara, Southampton
Painter, southampton, hampshire
Another example of Tescopoly and its onward march to become the Fifth Estate. The path of prgress has reached the dangerous point where public relations no longer matters.
terry, L'Absie, France
Everyone knows but doesn't love TESCO's. In a recent complaint to them about tough lamb - I asked if it was mutton - they asked me to send/or take to my nearest shop, the wrapper to enable them to trace the original supplier of the offending 'Best English Lamb' at almost a tenner a pop!
Who saves?
Derek Clifton, Andover, Hampshire, England
The Bang Thao store on Phuket was the subject of much controversy, particulularly whether the planning laws were followed to the letter! A Pity Lotus Tesco don't take up the issue of provfiding plastic bags at the checkouts. They are given out like confetti.
Julie , Cambridgeshire,
Don't be fooled by the jokey ads. Tesco is and always has been nothing but a ruthless business, notice how they now have some of the most expensive diesel and petrol on the forecourts (Diesel £119.5/L in Leeds)
AS, York,
Just another reason (including the selling of live turtles for food in China where it could have set a good Western standard) for not patronising their stores.
David Bachauer, Manchester , UK
I was just about to go to Tesco when I read this. I went to Morrisons instead. Wake up Tesco, you're a supermarket chain, not master of the universe.
Liz, Inverness,
Speakers at the stop tesco in St Albans public meeting tonight (Trinity United Reform Church at 7:30pm) better watch what they say! The campaign is against the building of a massive superstore in the St Albans conservation area - can I sue Tesco for running the area into the ground for 8 years?
Ian, St Albans, UK
My best wishes to all of those who are taking on the Tesco super-bully.
Like many of them, I too will be boycotting them from now on - and encouraging all friends and family yo do the same.
Kenny George, London,
To Kenneth O'Boyle:
Tesco are not soaking up the increased prices, they are simply paying their suppliers even less. You don't actually supermarkets are giving stuff away with their BOGOF's and 3 for 2's do you?
I now rate Tesco alongside Coca-Cola and MacDonalds.
Gary, Birmingham, West Midlands
I have been uneasy about Tesco power re suppliers and their reduction of consumer choice for some time and have scaled back our purchases accordingly. If Tesco continues to pursue these Thailand cases I will cut up my Clubcard and start boycotting all their stores.
Daniel Cramer, Welwyn, UK
Freedom of speech is a basic right, by taking this action, Tesco are proving that they are prepared to silence thier critics in any way they can. In the corprate world, they are behaving like bullies; it's time to take a stand.
Ron, Milton Keynes, Bucks
And remember tesco pays it's junior staff only 25 baht. about30p an hour.Sue me Tesco and I will plead the truth.That is what they paid my wife!
Jim, Launceston,
How many of the people who are condeming Tesco here have read the articles mentioned?
Are they defamatory or reasonable?
Do any of them care what the truth is, and does it matter to them?
p bearchell, croydon, uk
We are moving our next shopping big shop to Waitrose and will then decide whether to boycott Tesco. Resolved to use the farmers market this summer as well.
Edward Hicks, Basildon, Essex
Tesco - mistake! Thais will still shop at Lotus, they love it, despite what critics say, just as Brits are "shocked" at their actions but continue to shop there. I live in Phuket and we use local shops and markets because the food is better but use Tesco for things you cannot buy locally. Why not?
Frances White, Phuket, Thailand
Might I suggest an email to customer.service@tesco.co.uk (carefully omitted from their site?) to make one's views clear?
Matt, London, UK
"I've read all the comments, and what I find most 'chilling' is the lynch-mob response of the Great British Public. "
Golly! Chilling Eh? What was said can not have been too serious or there would have been criminal charges rather the civil action taken by Tesco.
John, LONDON, ENGLAND
Tesco can best win public good will by stopping all their litigation against journalists in Thailand and against newspapers here in the UK. They have been extremely heavy handed. They will lose custom and it will reverberate if they don't. stop it.
Rosie Brocklehurst, St Leonard's on Sea, East Sussex
I am a Tesco shareholder and in the past few years felt uncomfortable about this due to their ethical practices. Reading the article this morning was jsut too much so I have just sold my shares and I will be boycotting them with immediate effect.
Alan Wan, Brighton, UK
Thanks to the authors concerned for exposing this. I'll be cutting up my Tesco credit card and clubcard and travelling further to other stores unless Tesco withdraw their action. I just hope there are enough of us to make a difference - hope my little helps.
C Tear, YORK, NYorks
Tesco have obviously learned nothing from the McLibel case.
C Byrne, Pinner, UK
thx god we dont have have or Allow tesco yet in india!
they can give any one a run of honest opinion of what it does to the native retail.
Thix Proves that tesco as a brand will only put up a good consumer face in the west!
rohan, london, uk
I've read all the comments, and what I find most 'chilling' is the lynch-mob response of the Great British Public. We don't know what the Thai journalist actually said, so how can we comment? It's interesting that most of the comments from Thailand support Tesco. Surely they're best placed to judge?
Joyce, Kent, UK
Tesco can no doubt open its shops where it likes, but it should not bully its critics anywhere by threatening legal action. It has plenty of ways to respond to unfounded charges. The authors who sent this open letter should be supported. Those against Tesco's tactics should shop elsewhere.
F. Speech, Oxford, UK
Tesco's success is due to good use of the laws of supply & demand.
If you don't want your corner shop to close then use your corner shop. Stop complaining when it closes because you always use Tesco's instead because "Tesco's is more convenient".
The demise of corner shops is entirely our own fault
Reg Tripp, Alton, U K
I stopped using Tesco when they started selling live turtles in their Chinese stores. When I wrote to them they tried to reassure me that welfare standards are met - turtles put into plastic bags to take home to be killed any which way is humane?
Every little helps ME as I boycotted Tesco long ago
Roz, Kingston, Surrey
Has a find been set up to support the legal costs of the Thai journalist?
Jane, Cambridge, UK
£1.6 million pounds, "... every little helps"
Martin Rhead, Bolton, Lancs
Gosh, Tesco behaving like a bunch of militant thugs. Who would have thunk it? Is anybody surprised by anything this company would do?
Eric, London,
I don't shop at Tesco as I dislike their Business ethics. The relentless expansion has gone too far in the UK and is distorting the market. However, I doubt the fact I don't shop there makes the slightest difference to Tesco as everyone else does.
John, Manchester,
Tesco & the Scientolists have something in common.Criticize them & they hound you with a vengeance.Tesco has used bully-boy tactics in the UK,now it's doing the same in Thailand.I won't be shopping with them again.
Michael Keenan, Derry City, United Kingdom
This behaviour looks bad for the West, improvment of justice and business in Thailand, and for Tesco. How did they not remember the whole Corporate responsibility scheme ? Is this gone already ? Tesco should know this will call for buycott around the world.
Sebastien, Galsgow, Scotland, UK
Ha, Tesco doesn't love Brits.
Sue me.
Mike L, Chippenham, Wilts
I would avoid shopping at Tesco completely had they not put our existing local grocery/convenience store out of business when they opened a Tesco Express. Tesco's, Walmart etc. want to monopolise our high streets in the name of (short term) cheaper prices.
Arnold Ward, Weybridge, Surrey, UK
This is bullying.
A proportionate response would be to pursue legal action against all its detractors, not just those in Thailand.
For instance, it has no shortage of detractors here in the UK, airing legitimate concerns about Tesco's onmipotence. Why isn't Tesco trying to muzzle them?
paul, kingston,
Tesco is but one of many companies attempting to get global domination of their market by the most ruthless tactics. They have cut a swathe of destruction through this part of Norfolk by bringing huge stores into small market towns, which have then one by one lost local shops. Don't shop there.
Andrew Lowe Watson, Ridlington, Norfolk
Poor, poor Tesco are being lambasted for simply protecting their shareholders' 3 BILLION pounds profits. Close your community, corner and village shops, butchers, bakeries, confectioners, hardware stores, garages, off licences and pubs - buy shares and shut up. And go to live in Thailand.
Viktorovich, Moscow, RF
I see the anti-Tesco brigade are out in force,when food prices are increasing rapidly the likes of Tesco are keeping their prices at a reasonable level and soaking up a lot of these price rises.In regards to Tesco under cutting the Thai local shops so what, ask the customers what they would prefer.
Kenneth O'Boyle, perth, UK
Unfortunately, Mr. Heawood is not quite right. Perhaps he should read some reports on Central and Eastern Europe and the "classical" agressiveness of the big entreprises. The latest move on restricting the free speech is a new legislation on the press in Slovakia.
Never say die, Pécs, Hungary
You only need to look at the almost total lack of small traders on the UK's high streets these days to see what Tesco will do to Thailand.
I was in Siem Reap, Cambodia 2 months ago when the first supermarket opened there. Huge excitement, but small traders didnt appreciate what it would do...
Julian Peterson, London, UK
Tesco subsidises cheap booze that leads to drunkeness and disorder. Tesco makes a profit. Tesco sells food.
So, at the risk of the death penalty for telling the truth.... doesn't that mean that when people buy food at Tesco they are subsidising crime? Shouldn't all Tesco CUSTOMERS be arrested?
Matt, London, UK
Well what do you expect when an organisation gets too powerful? If we want to stop them from pursuing global strategies that would be abhorrent here there is only one way and that is in their pockets at the till. Arrange a boycott of their stores here until they respect free speech.
Richard Harper, Reading, UK
Why don't Tesco realise that by taking heavy handed action they get far more bad publicity than was ever generated by the original speech? What was a local spat in Thailand is now headline news in Tesco's home country. Nice own goal Tesco.
Keith Daniels, Alicante, Spain
This could very well be both good and bad news for Tesco if they win the case. I suspect the already suspicious Thais will be even more nervous about letting in big corps now. If the figures are correct that is an amazing amount of money to try and get from one person. Good luck Thailand.
Giles, Woking, UK
It's simple. Vote with your feet. If you stop shopping at Tesco's, then they will no longer be the super-power of the shopping world.
If you shop there, you're paying the lawyers fee's.
Arthur, Newcastle,
The verbal and business thuggery that Tesco used against British farmers is now being used abroad.
Tesco is exactly how it describes its own brand ''value mushrooms'' in its adverts
Ugly.
K. Urban, London, UK
It's a pity that you didn't give your readers the chance to read the nonsence that these Thai nationalists wrote. The large chains have brought down prices and increased choice. The small retailers and markets are generally dirty and massivly over priced. Thais don't like being ripped off.
Michael James, Koh Samui, Thailand
Tesco and other supermarkets have a history of bullying suppliers, they have gradually expanded that practise to others, including critics. This one is a step too far - How many of us will still be at Tesco this week though (not me)
Dave Ellis, Leicester, UK
Tesco would be wise to act quickly in this matter - if when they do I'm not going back.
Clive Adcock, hemel hempstead,
Gosh, we wouldn't want to get the impression that Tesco want to take over the world do we?
David Leslie, Perth, Scotland
It is not up to British people to take action against Tesco as we do not know the facts. If the Tesco action in Thailand is unfounded, then the Thai people will know the truth and they can take their own action by withdrawing their custom should they feel it justified.
Eric Pritchard, Clevedon, UK
This is as ill-judged as the Mcdonalds libel case. Intended or not this will play as Western generated wealth suppressing free speech in a developing country. Those of us building global brands could do without Tesco making British companies look like bullying Imperialists, inadvertently or not.
John Rux-Burton, Chipping Norton, UK
Hi,
All Tailed up ?
Regards Dr. Terence Hale.
Terence Hale, zandvoort, Holland
There is also the bullying of local councils when planning applications are applied for, the threat of expensive legal action, knowing that they can outspend on legal teams. If they are so keen on the law, let us see the removal of alcohol licences when the law is broken in their outlets.
wills, soton, uk
Tesco is a commercial business and has had incorrect and derogatory articles written decrying them in both this country and as appears Thailand.
If they do nothing they will perpetuate the myth of the articles and by asking for an apology and retraction are giving the journalists a n option.
joe, Edinburgh, Scotland
Tescos are very big in Thailand and have a large proportion of the market. There is only one competitor of note - Big C.
The criticism of them is almost certainly justified.
A fine of 16 million pounds is ludicrous. To say nothing of a jail sentence for a man who has such a significant position.
richard, bangkok,
Wow, shock horror, a large company using bully boy tactics and punching below the belt because somebody called them a bad name. Unfortunately the general public don't care enough to boycott tescos to force them to climb down. A sad reflection on the loss of morals in the UK.
Ed, London,
I think this effectively 'Big Business' bashing. Tesco are looking for a retraction, pure and simple, for what they believe to be slander on their business. Unfortunately, to get this apology they have to use a legal system which is a little cumbersome, and so a disproportionate penalty may occur.
duncan, Wokingham,
I live in Thailand. There has been a great deal of silliness here over the negative impact that Tesco Lotus is supposed to be having on local retailers, but the fact is before Tesco and other big operators such as Carrefour came along a decade or so ago, food shopping here was a miserable experience
Ken, Bangkok, Thailand
To those who say they will not shop in Tesco unless the charges are dropped, I fully agree. When I am over your way, I will remember this. If tesco were to come out here to Australia, I would let people know what I think of them. I was not keen on them even before this.
margie , victoria , australia
I live in San Francisco, where Tesco plans to open several stores under its "Fresh & Easy" brand in the next year or so. I plan to make our elected officials fully aware of this company's preoccupation of persecuting critics. We don't want a company like this doing business in our city!
Dan B, San Francisco, CA, United States
Tesco are beginning to show the same aggressiveness against critics that we have seen for years from the Scientologists. Very scary!
John, LONDON, ENGLAND
Last time I shop at Tesco. As to this, free speech must be defended at all costs.
Stephen Gore, Liverpool,
I usually don't care where i shop as i am not into 'anti big business, corporate greed' nonsense but this is a disgrace. People have a right to freedom of speech and this is a gross overreaction which amounts to censorship by Tesco.
Joe, Bristol, UK
Tesco should be cut down to size, as an organisation it excerts undue influence and is not an organisation that benefits consumers or suppliers. I see nothing to admire about them, and having seen outstanding food retailers like "Whole Foods" in Texas can see that there quality, of food, etc is poor
Steven KB Katirai, Newcastle Upon Tyne,
I personally will boycott Tesco. It's about time we did, as this high-profile story is a true wake-up call. The supermarkets have us where they want us. Tesco are acting like monsters and I think if people value their freedoms, everyone should stand up to them. Every little helps.
Andrew Corr, Burton On Trent, UK
I fully support these journalist. As an expat living in Thailand I appreciate the home comforts Tesco Lotus provide, but small businesses that are run by so many Thais, make up this country and culture. They work hard for a living to feed their family. We as guests should appreciate this.
Mark, Khon kaen, Thailand
I support Tesco in this matter, Thailand does not like western companies making money in their country, just look at their restrictive company ownership laws.
John, BKK, Thailand
Well I'm disgusted. It is a fundamental attack on freedom of speech. I am a regular customer of Tesco's and will now not be shopping at their stores until they drop these charges.
Mike, Hertfordshire, England
It just shows typical Tesco tactics, whether it's bullying critics or bullying suppliers for lower prices, they are notorious corporate bullies, and because politicians and official bodies that are supposed to moderate them, are in their back pockets, they know they can get away with it.
Paul Downes, Milton Keynes, Bucks