New Thai court directive aims to curb abuse of SLAPP suits

Supreme Court President Adisak Tantiwong has issued a directive providing guidelines to judges on how to handle court cases deemed to be Strategic Lawsuits Against Public Participation (SLAPP), in order to protect honest defendants acting in the public interest.

Among ASEAN countries, Thailand has the highest number of SLAPP cases filed annually and ranks among the highest in the Asia-Pacific region.

The directive marks a significant step forward by the Thai judiciary in developing criminal proceedings that are more efficient, transparent and aligned with the current social context, ensuring that the exercise of legal rights is based on honesty and cannot be used as a tool for persecution.

The essence of the directive, signed on Monday, is that judges are authorised to examine suspected SLAPP cases to determine whether they are being used as tools of persecution, to restrict freedom of expression, or to harass and intimidate defendants into silence.

According to the directive, several criminal defamation cases have been filed by politicians or businesspeople with the aim of burdening defendants who merely expressed their views honestly to protect public interests, the environment, consumer or workers’ rights, or to expose corruption or irregularities.

Under the directive, courts may dismiss cases found to be SLAPPs during the pre-trial process or order court officials or police officers handling the cases to present additional evidence to help determine whether the cases qualify as SLAPPs.