Activists’ acquittals in criminal defamation case hailed

Appeal court upholds ruling in one of dozens of cases case brought by poultry company

The United Nations human rights body has welcomed a Thai Court of Appeal decision upholding the acquittal of three human rights activists in a long-running criminal defamation case brought by the Thammakaset poultry company.

The Office of the UN High Commissioner for Human Rights (OHCHR) said the ruling was “an important milestone in the implementation of international human rights standards on business and human rights in relation to the work of human rights defenders who raise legitimate concerns about alleged corporate abuse”.

Fortify Rights also welcomed the judgement upholding the acquittal of Angkhana Neelapaijit, Thanaporn Saleephol and Puttanee Kangkun, which came more than seven years after the case began and more than three years after the trial court acquitted all three defendants on Aug 29, 2023.

The case originated in 2016 after reports emerged that migrant workers at the Thammakaset farm were forced to work up to 20 hours per day, paid less than the minimum wage and had their identity documents confiscated by employers.

Fourteen Myanmar workers told the media and human rights groups that the allegations were true, resulting in the Department of Labour Protection and Welfare in August 2016 ordering Thammakaset to pay workers 1.7 million baht in compensation, which was only handed over by the company in 2019.

Thammakaset’s criminal defamation suit against the three defendants focused on 30 posts or reposts on social media containing messages of solidarity for human rights defenders and migrant workers facing lawsuits brought by the company, with links to news releases that included a video produced by Fortify Rights.

Each count of criminal defamation under sections 326 and 328 of the Criminal Code carries a penalty of up to two years in prison and a fine of 200,000 baht.

Monday’s appeal ruling stated that the public comments, interviews and online postings by the three defendants were not responsible for damages caused to Thammakaset. Betagro, one of the country’s largest poultry processors, was among the companies that cancelled contracts with Thammakaset after the allegations became public.

The judges said their ruling is final and cannot be appealed to the Supreme Court since the acquittals have now been upheld in the court of first instance and the appeal court. 

Fortify Rights said a narrow exception applies only if a judge who heard the case certifies that it raises an important question for the Supreme Court, or if the director-general of the Office of the Attorney General signs the appeal.

Between 2016 and 2020, Thammakaset filed a total of 39 criminal and civil complaints against 22 individuals, including migrant workers, journalists and human rights defenders, with the three human rights activists among them.

According to the OHCHR, members of Thailand’s private sector continue to use strategic lawsuits against public participation (SLAPP) to silence and harass human rights activists, causing them costly and lengthy legal processes as well as inflicting fear upon them.

“SLAPP cases lead to self-censorship, significant stress and financial burden through protracted litigation and also can jeopardize the safety and security of those speaking out,” said Katia Chirizzi, deputy Southeast Asia sepresentative of the UN Human Rights Office in Bangkok.

Ms Thanaporn, a former Fortify Rights communications associate, said the reasoning used by the Court of Appeal “could serve as an example for other defamation cases that are SLAPP suits”.

UN review coming up

Thailand is due for a periodic review of its rights policies by the UN Human Rights Council in Geneva on Nov 9. In a report submitted for the review, the government highlights progress on SLAPP suits, “the specific type of bad-faith lawsuits this case represents”, said Fortify Rights, referring to the Thammakaset case.

The government says it is drafting an anti-SLAPP bill to prevent and address such suits and to strengthen protection for human rights defenders, the media, civil society and the public when they exercise their rights in good faith for the public interest.

“We should never have faced criminal charges for speaking out about workers’ rights,” said Ms Puttanee, a director at Fortify Rights.

“Today’s ruling brings enormous relief, but it can’t return the seven years we spent defending ourselves. Thailand should decriminalise defamation so that others do not have to endure what we did.”