Project of Study and Draft Legislation on Anti-Strategic Lawsuit Against Public Participation (Anti-SLAPP Law)

Abstract

                              A Strategic Lawsuit against Public Participation (SLAPP) is a civil or criminal proceeding in which the plaintiff does not seek genuine justice but proceeds with the case to discourage the public participation of the defendant in the matters of public interest. Given that SLAPPs undermine public interest, it is crucial for Thailand to implement legislation to prevent such lawsuits. This law should balance constitutional rights, the right to reputation, and public interest. Specifically, such law should allow the defendant, regardless of a civil or criminal case, to file a special motion to dismiss a SLAPP case. Consequently, the Court should dismiss the case when the Court finds that the proceeding arises from an exercising of the freedom of expression, of the right to petition, or of the right to assemble made by the defendant that relates to a matter of public interest. In contrast, the court may order continuing the proceeding if the plaintiff satisfies the court that (1) the proceeding has substantial merit, (2) the defendant has no valid defense in the proceeding and (3) the harm suffered by the plaintiff is sufficiently serious that the public interest in permitting the proceeding to continue outweighs the public interest in protecting that defendant’s right. Moreover, in cases where criminal investigation is initiated by SLAPP, the law should authorize the public prosecutor to dismiss or continue the investigation, similar to the court's role. Finally, the anti-SLAPP legislation in Thailand should be structured as a single comprehensive law that amends the criminal code, criminal procedure code, civil code, and civil procedure code, allowing anti-SLAPP measures to be unified into Thai justice system.