Defamation lawsuits against Thai journalists draw criticism from rights groups – JURIST

Human Rights Watch (HRW) on Thursday condemned the decision by authorities in Thailand to bring criminal defamation lawsuits against two renowned journalists who reported on a bribery case. HRW cited the importance of safeguarding press freedom as a cornerstone of democratic society.

In late February, Minister of Natural Resources and Environment Suchart Chomklin filed criminal defamation suits against two journalists, Hathairat Phaholtap and Kowit Photisan, who work at the news organization Isaan Record.

The criminal suits were in relation to Facebook posts that Phaholtap made about a recent report uncovering Thai politicians who were taking bribes to supply workers to berry companies in Finland and were actively involved in trafficking them. These were further circulated by Photisan.

In commenting on the severity of the erosion of the right to press freedom in Thailand, Elaine Pearson, Asia director at HRW, stated: “The criminal defamation suits against the journalists Hathairat and Kowit highlight the danger of cases filed in retaliation for reporting on human rights abuses… The courts need to ensure that such cases fully respect media freedom.”

Chomklin is seeking approximately 50 million Baht (approx. $1.5 million USD) in damages from Phaholtap and 1 million Baht (approx. $300,000 USD) in damages from Photisan, initiating a high-stakes legal battle that human rights activists have branded a classic “SLAPP” (strategic lawsuit against public participation) intended to undermine independent journalism. The idea behind a SLAPP lawsuit is not merely to punish the individual or organization, but also to “set an example,” creating a hostile atmosphere for the dissemination of investigative reporting.

SLAPP suits are rightly criticized for placing economic pressure on defendants. First, they can lead to a defendant potentially facing bankruptcy due to being unable to pay the plaintiff, who is often a wealthy individual. The second is that cases can drag for years.

The current charges facing Phaholtap and Photisan are brought under Section 326 of the Criminal Code which punishes any individual imputing a third person in a manner likely to cause reputational harm, which results in a 20,000 Baht fine. Section 328 of the Criminal Code also applies, since the alleged defamation was done via the circulation of a Facebook post, leading to penalties of a two-year imprisonment and a fine of 200,000 Baht.