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Thailand: Report on Defamation Law

Sat, 01/08/2009 - 00:58 | by prachatai
Article 19

(ARTICLE 19/IFEX) - 30 July 2009 - ARTICLE 19 and the National Press Council of Thailand (NPCT) have jointly launched a Report, the Impact of Defamation Law on Freedom of Expression in Thailand. The Report outlines the nature of defamation law in Thailand, as well as the chilling effect it has on freedom of expression.

ARTICLE 19 and the NPCT believe that this Report comes at a timely moment in Thailand, as ongoing and high-profile defamation cases continue to undermine the ability of the media to report in the public interest.

The Report provides a detailed description of the way in which defamation laws operate in Thailand, at both substantive and procedural levels, and how this impacts on the free flow of information and ideas. It then provides some in-depth examples of cases in which defamation law has been used in Thailand in the context of political speech. The Report also outlines some other restrictions on freedom of expression in Thailand, including the offence of lèse majesté, which has been used with increasing frequency in recent years to limit open debate about public authorities.

The last part of the Report contains recommendations for reform of defamation law in Thailand, to bring it into line with international and constitutional guarantees of freedom of expression. These include a call to reform criminal defamation law, to enhance the defences available to a defendant, including by making public figures tolerate a greater degree of criticism than ordinary citizens, and to place overall limits on damage awards.

The Report is part of a larger programme of cooperation between ARTICLE 19 and the NPCT which involves a series of workshops to raise awareness about the problems with the existing defamation laws, and the drafting of alternative defamation legislation. ARTICLE 19 and the NPCT urge the Thai authorities to take action to amend the Thai defamation laws in line with our recommendations. We would be happy to provide support and assistance for this effort.

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#4807 - by John Francis Lee (visitor) () | Sat, 01/08/2009 - 07:30

http://www.article19.org PRES

http://www.article19.org

PRESS RELEASE

Impact of Defamation Law on Freedom of Expression in Thailand

ผลกระทบของกฏหมายมิ่นประมาท ต่อเสรีภาพในการแสดงออกในไทย

#4815 - by John Francis Lee (visitor) () | Sat, 01/08/2009 - 17:22

The bottom line : 11.

The bottom line :

11. Recommendations

The recommendations below are being made by ARTICLE 19 and the National Press Council of Thailand. These recommendations are based on wide consultations we have conducted in Thailand with people who have an interest in defamation law. Among other things, from November 2008 to January 2009 we hosted a number of discussions with various groups of professionals affected by or otherwise involved with defamation law. Those consulted included newspaper editors and publishers, lawyers who have defended the media, university lecturers in the fields of journalism and law, and human right activists.

Recommendations:

  • Ideally, defamation should be fully decriminalised. Otherwise, imprisonment for defamation should be done away with.
  • Consideration should be given to revising the rules so as to provide for more robust defences against defamation claims.
  • The law should clearly define public figures and matters of public interest, and require these people and matters to tolerate more scrutiny by news media than ordinary citizen and private matters.
  • Consideration should be given to imposing a limit on the damage awards that may be claimed by plaintiffs in civil defamation cases.
  • Preliminary court hearings should be held in all defamation cases, including those filed by State prosecutors, with a view to screening out groundless cases before the start of formal trial procedures, which are costly and time-consuming.
  • Defamation claimants should not be allowed to take advantage of filing cases with the police and should, instead, be required to employ their own lawyers when filing defamation cases.
  • The other laws detailed in this Report should be reviewed to ensure that they are in line with constitutional guarantees of freedom of expression.

Defamation is a criminal offence, so once the charge is made public prosecutors pursue your case for you. The government paid for Sonthi's case against Daranee.

The threat of doing hard-time as well as being bankrupted by Thaksin or some other pol certainly must inhibit any reporters who are even thinking about investigative journalism here in Thailand.

And the newspaper ownership got all liability shifted from them to the actual author of anything they publish!

Class solidarity among the monied "elite".

#4816 - by คนญี่ปุ่น (visitor) () | Sat, 01/08/2009 - 17:46

JFL, "Class solidarity among

JFL, "Class solidarity among the monied "elite"." So your target should be Taksin, because Sondhi is bankrupted. :)

#4819 - by John Francis Lee (visitor) () | Sat, 01/08/2009 - 22:51

Thaksin and Sondhi and the

Thaksin and Sondhi and the rest who wheel and deal their way through the corridors of power. Power and money are inextricably tied up together. And guns trump them both. It's like "rock, paper, scissors". What they all have in common is their addictions to power and/or money, and their willingness to throw anyone and everything under the bus to get it.

#4831 - by Rays Travel Report (visitor) () | Mon, 03/08/2009 - 02:04

why do we regulate free

why do we regulate free thought and ideas