SLAPPs to Stop Talking: The Situation and Problems of Strategic Lawsuit Against Public Participation in Thailand

Abstract

Abstract

This research issues strategic lawsuits against public participation or SLAPPs that cause fear and burden from litigation. Qualitative research methods to collect data from literature review, and examine data from evidence bases, documents, research, and news. The objective of this research paper was to study the situation and problems of strategic lawsuits against public participation in Thailand from 2014 to 2023.

The research found that litigation situations, situations in judicial proceedings, and silent litigation are all used as tools in judicial proceedings. In Thailand, SLAPP lawsuits are filed by companies, individuals, activists, journalists, human rights defenders, or NGOs, and by state agencies, and are filed and prosecuted. Most of these lawsuits involve criminal penalties, and the lawsuits have a significant impact on the suppression of political activities. There are two forms of prosecution: 1) prosecution for stopping political claims and 2) prosecution for stopping natural resource claims.

The problem of strategic litigation to curb participation finds that closed litigation has the power to directly affect the defendant 1) the cost of prosecution is low, which has a high impact and causes damage to the defendant; 2) Prosecution or prosecution also occurs in remote areas. In addition, closed litigation may be a social phenomenon lacking the rule of law, highlighting a critical issue in Thailand's democratic transition.