The Thai criminal court now uses a provision of the criminal procedure code to swiftly dismiss bad-faith complaints, particularly defamation cases targeting the media. This development marks a positive step for freedom of expression in Thailand.
The Thai criminal court now relies on section 161/1 of the criminal procedure code to filter out bad-faith complaints. This measure allows judges to dismiss proceedings at the initial stage when they are brought with the aim of intimidating or placing an excessive burden on defendants. Unscrupulous lawyers, often linked to mafia networks (particularly those involved in nominee business schemes), regularly exploit defamation laws to pressure journalists and silence inconvenient investigations.
The president of the criminal court, Jiraphat Phanthawi, emphasised that this provision serves as an essential tool against strategic lawsuits against public participation, better known by the English acronym « SLAPP ».
« These disputes can arise in the context of ordinary conflicts, political matters or defamation proceedings involving journalists, he stated during a seminar for media representatives. »
The court first examines whether the complaint has been filed in bad faith. Where bad faith is evident, judges may dismiss the case without further action at the preliminary stage. In more ambiguous cases, they may order additional inquiries or ask a clerk to gather further information, taking into account the public interest.
The editorial team at ZoneSamui.com has itself been the target of such legal threats, launched by individuals identified by our team as linked to mafia-style organisations. In 2022, one of these unscrupulous lawyers, a French resident of Koh Samui, later faced what some described as « God’s justice »... He had notably boasted about the death of a journalist from the French newspaper « Libération » who was found to have taken his own life in Bangkok, shamelessly posting the victim’s identity card. He had also publicly threatened to silence island residents harmed by property fraudsters...
At the same time, victims of genuinely harmful online content may apply directly to the criminal court via the « Take It Down » mechanism. Around fifty such requests have already been submitted. In cybercrime cases, the court also reviews requests to block websites or URLs that threaten national security, with more than 600,000 addresses blocked to date.