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Taiwanese Blogger Gets Jail Time For Negative Restaurant Review


First Posted: 06/23/11 04:49 PM ET Updated: 08/23/11 06:12 AM ET

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!

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A food blogger in Taiwan was sentenced to 30 days in jail, given two years probation and fined 200,000 New Taiwan Dollars (...
A food blogger in Taiwan was sentenced to 30 days in jail, given two years probation and fined 200,000 New Taiwan Dollars (...
A food blogger in Taiwan was sentenced to 30 days in jail, given two years probation and fined 200,000 New Taiwan Dollars (...
A food blogger in Taiwan was sentenced to 30 days in jail, given two years probation and fined 200,000 New Taiwan Dollars (...
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HUFFPOST SUPER USER
Deidentified
The world is my upholsterer
03:00 PM on 07/05/2011
The judge said, in essence, that journalists must be truthful and not overgeneralize or exaggerate. I'm guessing they don't get Fox News over there.

This Taipei News story has more details, BTW, and makes a bit more sense than the story circulating here: http://taipeitimes.com/News/taiwan/archives/2011/06/23/2003506487.
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HUFFPOST SUPER USER
Calculator
Found guilty of Witchcraft, through Witch-hunt
07:07 PM on 06/28/2011
I'm going to play the devil's advocate and say the reviewer was lying, attempting to slander the restaurant due to a personal grudge against the owner of the establishment. In which case he should be jailed. Way to go Taiwan!
08:19 AM on 06/28/2011
He should have taken a picture for proof. Or is that illegal too?
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HUFFPOST SUPER USER
Ghostberry
All empty souls tend toward extreme opinions.
08:52 PM on 06/28/2011
A picture of the food tasting too salty? :)
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07:51 AM on 06/28/2011
well i guess yelp has no future in taiwan
10:59 AM on 06/27/2011
We have right to say the restaurants is crap when they're actual is
09:41 AM on 06/27/2011
Jail time for a review? that's absurd.
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01:19 AM on 06/27/2011
i dont need to defend myself. i said i saw a building it was told to me by a taiwanese woman they made, jackets, clothes. i dont k ow what you have heard or havent heard, seen or not seen. i am telling you my experience. if you think i am not credible, fine. have a good day.
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HUFFPOST SUPER USER
aidendamien
Liberal
09:00 PM on 06/26/2011
eeewwwwwwwwww...Hell, okay guys and girls, when you see cockroaches in the restaurant that you are eating in, you can not say anything until you eat a couple of more times there.
YOKEL13
Gimme more! - unofficial GOP motto
06:31 PM on 06/25/2011
This should send attendance soaring at the restaurant in question.
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HUFFPOST SUPER USER
Mupaaat
What could we build if we all worked together.
06:30 PM on 06/25/2011
Freedom of speech in Taiwan! Or, is there more to this story than meets the press?
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HUFFPOST SUPER USER
DesperateAmateurs
06:08 PM on 06/25/2011
I guess they assumed that he would be back for seconds?
10:03 AM on 06/25/2011
Talking about not taking something with a grain of salt...pardon the pun.
Ayla McIntosh
This comment has been removed due to violations of our [Guidelines]
yappnmutt
humping legs for liberty
09:04 AM on 06/25/2011
we were just discussing the importance of food critics as arbiters of what is food fashion. a poor review probably will not influence people who already patronize a restaurant but may dissuade someone who hasn't been to the place but the critics can help establish trends. some of the trends they have helped mainstream are the local, fresh food movement, fusion of cultures in recipes, and privately owned mom and pop restaurants. overall, however, they still tend to overemphasize overpriced haute cuisine as the benchmark for food culture.

as to this article; how often does one have to see roaches in the kitchen to say roaches were seen in the kitchen?
05:13 PM on 06/25/2011
Facts are facts regardless of the number of times someone visits the restaurant.
YOKEL13
Gimme more! - unofficial GOP motto
06:33 PM on 06/25/2011
Perhaps he just happened to catch a few roaches passing through.
This comment has been removed due to violations of our [Guidelines]