The New Zealander slapped with "producing pornography" charges in Cambodia says photos published with the case appear to be three or four years old.
Paul Brasch, 33, a tour guide, was one of 10 arrested at a pool party in Siem Reap last month but later released and deported. Three foreigners still face trial.
They were initially charged with producing pornography, but the charges were downgraded after no pornographic material was found and Siem Reap governor So Platong later said they were actually arrested for ignoring a warning to stop their parties.
In a Facebook post this week, Mr Brasch thanked family and friends for their support.
"I would like to stress to everyone that at no time were we involved in any pornographic activities as some media outlets are incorrectly reporting.
"At the centre of this are some photos being published that seem to be at least three to four years old and I can assure you totally unrelated to us."
The photo published by some media outlets show young people sitting astride each other.
Mr Brasch said the group meant no disrespect to the Cambodian people and their culture by attending a pool-side event.
Another of those arrested, Briton Thomas Jeffries, 22, said the gathering was "like every other day" in the holiday hotspot.
"The villa was much like every other day in Siem Reap, very similar to any hostel, pool or bar, anywhere that I've been to in the country. I didn't see any reason why it would be any different. Then the police arrived," he told the Press Association.
Mr Jeffries' father Gary, also said a photo widely used photo appeared to be three or four years old.
"[It] predates Tom's time in Cambodia and is nothing to do with any of the people that were arrested and detained."