In the heart of the buzzing metropolis of Bangkok, outside the imposing South Bangkok Criminal Court, three formidable figures in the world of human rights, Angkhana Neelapaijit, Puttanee Kangkun and Thanaporn Saleephol, were photographed on May 24, 2023, alongside their attorneys. The accusations against them could only be characterized as daunting: defamation charges brought forward by Thammakaset, a prominent poultry company with deep roots in the farming industry.
When the verdict finally came, the dissipated tension gave way to relief but not satisfaction. Despite being cleared of the criminal charges, the triumphant trio expressed their dissatisfaction at the laws that allowed such a scenario to unfold. The events stemmed from their revealing posts regarding grueling working hours and debilitating conditions at a poultry farm under the dominion of Thammakaset. It was 2019, and the internet was aflame with their revelations. The farm, unfortunately, was just the tip of the iceberg in an industry notorious for its mistreatment of agricultural laborers.
The Thai defamation laws have long been a subject of contention among human rights groups. The potentially draconic punishment for convicted defamers includes either a two-year incarceration or an exorbitant fine summing up to 200,000 baht ($5,719). On this occasion, the ladies found themselves in the clear. As stated eloquently by their lawyer, Tittasat Soodsan, the court deduced that there had been no intention to defame on the activists’ part. The connection between their posts and the plaintiff was far too nebulous for any tangible link to be established.
Thailand’s agricultural economy, fraught with negligence and lack of regulations, exports billions of dollars of farm products every year. The main labor force, toiling day and night under taxing conditions, consists of migrant workers from neighboring Myanmar, Cambodia, and Laos. From this myriad, the Thammakaset poultry farm in Lopburi province has emerged as a polestar in labor abuse, with numerous complaints from Myanmar workers about exhausting days, absence of overtime pay, and the unlawful confiscation of documents.
Chanchai Pheamphon, the owner of Thammakaset, has not been a stranger to litigation himself. Despite being ordered by Thailand’s Supreme Court to compensate his workers, his tryst with the courts has resulted in a staggering 37 complaints lodged against 22 activists since 2016. While the majority of these cases have failed to bear fruit for Thammakaset, the traumatic effect on the accused can’t be understated.
For Puttanee, the prolonged legal struggle felt like a colossal misuse of her resources, time, and emotional stamina. “The stress level was high,” she admitted to reporters post-verdict. Her appeal to the Thai government echoed the voices of activists around the globe, yearning for an end to businesses resorting to judicial strong-arming.
Concerns about Strategic Lawsuits Against Public Participation (SLAPPs) in Thailand have elicited discussions about their potential silencing impact on criticism and advocacy by human rights activists. The growing consensus regarding this legal weapon, as articulated by Ngamsuk Ruttanasatain from the Institute of Human Rights and Peace, is that it could chip away at the already fragile state of freedom of speech in Thailand. “Regular people, not only advocates, would be discouraged from giving opinions about anything,” she lamented.
The verdict prompted a sigh of relief, but the underlying issue of criminal defamation remains a formidable challenge in Thailand. Andrea Giorgetta from the International Federation for Human Rights highlighted this fact, stating the urgent need for Thailand to reform defamation laws meeting international standards on freedom of expression. In a climate ripe with criticism and suppression, the episode served as yet another wake-up call for advocates, policymakers, and citizens alike.
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