Source Agencies

BANGKOK, Thailand: Civil society groups and individuals targeted by so-called Strategic Lawsuits Against Public Participation (SLAPP) warned Thai lawmakers that existing legal safeguards are failing to prevent the misuse of the justice system to silence critics, during a Senate subcommittee hearing on December 18.

The Subcommittee on Human Rights, Rights and Liberties, under the Senate Committee on Political Development, Public Participation, Human Rights, Rights, Liberties and Consumer Protection, convened the session to gather evidence and proposals on the growing use of SLAPP lawsuits. The meeting was chaired by Senator Praphas Pintobtaeng.

Among the most prominent cases presented was that of Murray Hunter, an Australian human rights defender and social critic, whose experience was described as emblematic of both domestic and transnational abuses of the legal process.

Hunter is currently facing defamation proceedings in Thailand initiated by a Malaysian state-linked entity, despite having already been prosecuted in Malaysia without his knowledge or participation.

Participants warned that the case highlights a dangerous legal interpretation whereby an alleged offence is deemed to have occurred wherever the contested material is read or accessed.

Critics argue this opens the door for foreign actors to pursue dissidents in Thailand by relying almost entirely on Thai police, prosecutors and courts, effectively outsourcing repression at minimal cost.

“There is no clear legal mechanism empowering investigators or prosecutors to dismiss cases on the grounds that they are SLAPP lawsuits,” Hunter’s case summary noted.

It further pointed out that when prosecutors act as plaintiffs, courts typically do not conduct preliminary hearings, while Section 161/1 of the Criminal Procedure Code does not apply, leaving defendants with little early protection.

Special expert prosecutor Namtae Miboonsalang acknowledged concerns over transnational SLAPPs but argued that the same legal interpretation is sometimes necessary to combat cross-border crimes such as call centre fraud and organised criminal networks.

The hearing also reviewed three major studies on SLAPP litigation in Thailand, drawing on research by the Lawyers for Human Rights Association (LHA), the United Nations Development Programme (UNDP), and TrialWatch.

Together, the reports suggest that most SLAPP cases are not intended to secure convictions but to intimidate, drain resources and deter public participation.

LHA data covering 1997 to 2019 identified 212 SLAPP-related cases, with a sharp rise following the 2014 military coup. UNDP research recorded 109 cases between 1997 and 2022, largely targeting activists, workers and citizens, with most ending in dismissal or settlement.

TrialWatch documented 36 defamation cases between 2019 and 2023, primarily brought by officials, politicians and business figures against journalists, academics and human rights defenders.

Other speakers, including Anchana Heemminah of the Duay Jai Association, Sophon Noorat from the Consumer Protection Council, and journalist Thitiphan Pattanmongkol, described how influence, procedural delays and financial burdens were routinely used to pressure defendants, even when cases ultimately collapsed.

The subcommittee accepted five key proposals, including better screening of cases by police and prosecutors, stronger protections and compensation for defendants, safeguards against interference by powerful figures, and remedies for those cleared by the courts.

Lawmakers said the recommendations would be studied further as part of efforts to advance a comprehensive anti-SLAPP law.