A Thai criminal court has acquitted a press freedom activist who was sued for defamation by a telecommunications company that, until recently, was owned by the family of the Thai prime minister.
The Bangkok Criminal Court dismissed the criminal defamation charges on Tuesday against activist Supinya Klangnarong and four journalists of the Thai language daily Thai Post in a move widely hailed as a victory for press freedom, which has come under assault from Prime Minister Thaksin Shinawatra who founded Shin Corp.
The court said that public companies, like public figures, should be open to criticism which is in the public interest. The judges cited Article 40 of the Thai constitution which broadly guarantees that national telecommunication frequencies should be used for the public interest.
Shin Corp, which until recently was owned by Thaksin family members, filed the criminal complaint against Supinya and the Thai Post journalists in October 2003. The defendants faced possible two year jail terms and fines of 200,000 baht ($5,000). The company later filed a follow-up civil suit seeking 400 million baht ($10 million) in damages.
The Southeast Asian Press Alliance (SEAPA) said the decisions "raises the bar on defamation in Thailand, gives the people that much more room and power to scrutinise their leaders and powerful interests, and strengthens the Thai courts as an independent institution where citizens can find protection for their constitutionally-guaranteed rights."
"We applaud the court's ruling in favour of Supinya and the four Post journalists," said Committee to Protect Journalists (CPJ) Executive Director Ann Cooper. "We hope this landmark decision will serve as an important precedent for the many other criminal defamation suits still pending in Thai courts."
"This is a good day for freedom of expression in Thailand," Reporters sans Frontières (RSF) said. "The verdict shows that the Thai courts are independent and are capable of acquitting people who criticise the prime minister, and we hope the outcome of this trial will convince the prime minister to decriminalise defamation."
The Shinawatra family sold its controlling stake in Shin Corp in January to Singapore's state-run Temasek Holdings in a deal valued at $1.88 billion. In February, Temasek contacted Supinya's lawyers and requested an out-of-court settlement. Supinya turned down the offer.
Supinya said that the verdict should set a precedent for the defence of freedom of expression and press freedom, which are guaranteed under the 1997 constitution. "This should be a lesson to other powerful politicians and corporations that using legal means against fair criticism won't work," Supinya told CPJ after the verdict was read.
In handing down its verdict, the court said Supinya "did nothing other that express her opinion in good faith." She never had the least intention of acting against Shin Corp but, on the contrary, acted only in the public good, the court continued, adding that this was her right as secretary-general of the Campaign for Popular Media Reform.
"I always pointed out that this case was about a conflict of interest within the government and the decision that has just been taken is the proof," she told reporters after the verdict. "This is not a private case but a public one about press freedom," she added. Her acquittal was greeted with applause from people outside the court.
Uajit Virojtrairat, director of the Institute for the Development of the Civil Sector's Mass Media, said the media and other sectors must be more aware in monitoring the work of those in power. Uajit, was quoted by Bangkok Post, "Supinya's acquittal is confirmation that it's high time for society to feel free to raise questions about the suspicious behaviour of those who have power in government. And they must answer all the questions and stop using defamation laws against those critical of them."
Thai politicians and their affiliated business interests have filed a growing number of defamation suits against Thai journalists and news publications, often seeking enormous damages, a CPJ statement said. The increasing use of litigation to curb press criticism has had a chilling effect across the country's print media, engendering a culture of self-censorship at many previously critical publications.
In one such case, the politically-connected Picnic Gas PCL filed a civil defamation suit against the Thai-language daily Matichon seeking 10 billion baht ($240 million) in damages. The case is still pending.
Last year, Thaksin filed six different criminal and civil defamation suits against media firebrand Sondhi Limthongkul. The prime minister sought a total of 2 billion baht ($50 million) in damages in the civil suits. He dropped the charges after King Bhumibol Adulyadej indirectly criticised the lawsuits during his nationally-televised annual birthday address.
The court ruling came as tens of thousands of protesters continue to demand Thaksin's resignation. Critics accuse the tycoon-turned-politician of abusing his power by stifling the media and benefiting businesses owned by his family and friends.
