Human Rights Watch (HRW) on Thursday sentenced the decision by the Thai authorities to initiate criminal defamation proceedings against two renowned journalists who covered a bribery case. HRW noted the importance of protecting press freedom as a cornerstone of democratic society.
In late February, Natural Resources and Environment Minister Suchart Chomklin filed criminal defamation lawsuits against two journalists, Hathairat Phaholtap and Kowit Photisan, who work at the Isaan Record news organization.
The criminal charges were related to Facebook posts Phaholtap made about a recent report exposing Thai politicians who accepted bribes to supply labor to berry companies in Finland and were actively involved in trafficking with them. These were further distributed by Photisan.
Commenting on the seriousness of the erosion of the right to freedom of the press in Thailand, Elaine Pearson, Asia Director at HRW, said: “The criminal defamation cases against journalists Hathairat and Kowit highlight the danger of lawsuits brought in retaliation for reporting on human rights abuses… Courts must ensure that such cases are fully respected.” Media freedom.”
Chomklin is seeking about 50 million baht (about $1.5 million) in damages from Phaholtap and 1 million baht (about $300,000) in damages from Photisan, kicking off a high-risk legal battle that human rights activists have called a classic “SLAP” (strategic lawsuit against public participation) aimed at undermining independent journalism. The idea behind a SLAPP lawsuit is not only to punish the individual or organization, but also to “make an example” and set an example hostile atmosphere to disseminate investigative reporting.
SLAPP lawsuits are rightly criticized for putting economic pressure on defendants. First, they can leave a defendant potentially facing bankruptcy because of their inability to pay the plaintiff, who is often a wealthy person. Second, cases can drag on for years.
The current charges against Phaholtap and Photisan are brought under Section 326 of the Act criminal code This will penalize any person who accuses a third person in a manner likely to damage their reputation, resulting in a fine of 20,000 baht. Section 328 of the Criminal Code also applies as the alleged defamation was committed through the distribution of a Facebook post, which carries a prison sentence of two years and a fine of 200,000 baht.
