Prime Minister Anutin Charnvirakul should withdraw his criminal defamation complaint against Yingcheep Atchanont, director of Thai civil society organisation iLaw, over public remarks concerning alleged political involvement in irregularities in the 2024 Senate selection process, Amnesty International Thailand said today (12 October), warning that the lawsuit risks deterring public scrutiny of those in power.
“Speaking out in the public interest deserves protection, not punishment. Thailand’s commitment to the rule of law will be measured by whether people can exercise their rights safely, including when their words challenge the country’s most powerful officials. The authorities must ensure that no one faces criminal punishment simply for raising their rightconcerns about public affairs” said Yuhanee Jehka, Executive Director of Amnesty International Thailand.
“Human rights defenders such as Yingcheep play a vital role in helping people understand their rights, participate in public affairs and hold those in power accountable. They must be able to carry out this work without fear of retaliation.
“When the Prime Minister responds to public scrutiny with a criminal lawsuit, the impact reaches beyond the person being sued. Others may hesitate before reporting possible wrongdoing or raising concerns that the public has a right to hear.”
Yingcheep leads iLaw, a Thai organisation working on human rights, legal reform and public participation. The complaint concerns remarks Yingcheep made at Parliament on 21 July 2026, when he presented information to the opposition and called for an investigation into alleged links between nine political figures and irregularities in the 2024 Senate selection process. His remarks included allegations concerning Anutin and figures associated with the Bhumjaithai Party.
Anutin denies wrongdoing and alleges that Yingcheep’s statements were false and damaged his reputation. On 15 September 2026, he filed a private criminal defamation complaint under Sections 326 and 328 of the Criminal Code. A preliminary hearing is scheduled for 14 December 2026. If convicted, Yingcheep could face up to two years in prison and a fine of up to THB 200,000.
The case arises against a longstanding pattern of criminal complaints and abusive litigation targeting human rights defenders and other critical voices in Thailand. Amnesty International has previously documented criminal defamation proceedings against defenders who raised concerns about alleged wrongdoing by powerful actors, including state agencies and businesses. Such proceedings can impose substantial financial and psychological burdens, regardless of their eventual outcome.
Thailand already has some safeguards against abusive litigation. Section 161/1 of the Criminal Procedure Code empowers courts to dismiss private criminal complaints brought in bad faith. Recommendations issued by the President of the Supreme Court and published in the Government Gazette on 29 May 2026 provide guidance on identifying such cases. The Ministry of Justice has also been developing legislation to address strategic lawsuits against public participation, known as SLAPPs—abusive litigation used to intimidate people or suppress their involvement in matters of public interest. The Prime Minister’s pursuit of criminal defamation proceedings over Yingcheep’s remarks runs counter to the purpose of these reforms.
Under Article 19 of the International Covenant on Civil and Political Rights, restrictions on freedom of expression must be provided by law, pursue a legitimate aim, and meet strict requirements of legality, necessity and proportionality. The UN Human Rights Committee has emphasised that public figures, including heads of government, are legitimately subject to criticism. It has also stated that the public interest in the subject matter of criticism should be recognised as a defense against defamation allegations. The Committee has called on states to consider decriminalising defamation and made clear that imprisonment is never an appropriate penalty for it.
Thailand is pursuing membership of the Organisation for Economic Co-operation and Development (OECD) and preparing for its fourth UN Universal Periodic Review in November 2026. Its OECD accession roadmap identifies the rule of law and human rights as fundamental values that must be demonstrated in practice. These processes provide an opportunity to turn commitments into effective protection for people who speak out in the public interest.
Amnesty International calls on the Thai authorities to repeal criminal defamation provisions and adopt effective safeguards that protects people who speak out in the public interest, whether they face private lawsuits or prosecution by the state. Protecting freedom of expression through an independent justice system is essential to ensuring that everyone can participate in public affairs safely.