Rights group demands dismissal of defamation lawsuit against iLaw director

The Observatory for the Protection of Human Rights Defenders, a partnership of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT) issued a statement on 8 October denouncing a defamation lawsuit filed by Prime Minister Anutin Charnvirakul against iLaw director Yingcheep Atchanont over allegations about Anutin's involvement in the 2024 Senate Selection fraud.

The Observatory said that the lawsuit appears to be in retaliation against Yingcheep for exercising his right to freedom of expression, and called on the Thai authorities to ensure that all complaints are dropped and urges them to take concrete steps towards the decriminalisation of defamation under Articles 326 and 328 of the Criminal Code, which are used to intimidate, silence, and harass human rights defenders in Thailand. 

It also called for supporters to write to the Thai authorities and local Thai diplomats to demand an end to harassment against Yingcheep and iLaw staff and guarantee their physical and psychological integrity; dismiss the defamation complaint; take steps owards the decriminalisation of defamation by repealing or amending Articles 326 and 328 of the Criminal Code, and adopt effective safeguards against SLAPPs; and guarantee in all circumstances the rights to freedom of expression.

Yingcheep Atchanont (centre) during iLaw's 8 October press conference about the lawsuit. (Photo by Ginger Cat)

The Observatory for the Protection of Human Rights Defenders, a partnership of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), requests your urgent intervention in the following situation in Thailand.

Description of the situation:

The Observatory has been informed that a criminal defamation complaint has been filed by Prime Minister Anutin Charnvirakul against Mr. Yingcheep Atchanont, director of the Thai non-governmental organisation Internet Law Reform Dialogue (iLaw), an FIDH member organisation, in connection with his legitimate work of monitoring public affairs and promoting democratic accountability.

On 15 September 2026, Prime Minister Anutin Charnvirakul filed a criminal defamation complaint against Yingcheep under Article 326 (“defamation”) and 328 (“libel”) of Thailand’s Criminal Code with the Bangkok Criminal Court. The court has scheduled a preliminary hearing on 14 December 2026. If found guilty, Yingcheep could face up to two years in prison and a fine of up to 200,000 Thai baht (approximately 5,300 Euros).

This development follows the announcement made by the Prime Minister on 22 July 2026 that he would take legal action against Yingcheep. The Prime Minister’s criminal defamation complaint stems from Yingcheep Atchanont’s submission of a petition to the opposition coalition in the House of Representatives on 21 July 2026, seeking a parliamentary examination of allegations that nine politicians from the ruling Bhumjaithai Party, including Prime Minister Anutin, five cabinet ministers, and three senior figures, were involved in vote manipulation during the June 2024 Senate election. According to iLaw’s investigation, evidence and witness statements suggested irregularities including candidate arrangements, the distribution of voting instructions, and the provision of financial incentives to candidates by networks linked to the Bhumjaithai Party, across different stages of the election process, which raised serious concerns over the integrity and transparency of the polls.

The Observatory recalls that since its founding in 2009, iLaw has played a prominent role in advancing democratic participation, freedom of expression, and a fair justice system in Thailand. The organisation has documented the impact of repressive laws and decrees adopted following the 2006 and 2014 military coups d’état and campaigned for their reform through public engagement and online advocacy. It has also worked to support citizen participation in legislative and constitutional reform processes, particularly through campaigns to collect signatures for proposed legislation and initiatives to amend Thailand’s military-backed 2017 Constitution. In addition, iLaw has contributed to strengthening electoral transparency by systematically documenting voting irregularities and mobilising citizens to participate in election observation.

The June 2024 Senate election gave rise to allegations of systemic fraud and vote-buying. Under a new selection system, more than 40,000 candidates voted among themselves through multiple rounds of selection at the district, provincial, and national levels to determine the 200-member Senate. The results led to public scrutiny particularly due to the disproportionately high number of successful candidates from provinces where the Bhumjaithai Party enjoyed strong electoral support.

A separate investigation conducted jointly by the Election Commission (EC) and the Department of Special Investigation (DSI) was concluded in July 2025. The investigation found sufficient evidence to prosecute 229 individuals, including 138 senators and 91 political figures associated with the Bhumjaithai Party, in connection with fraudulent practices during the June 2024 Senate election, in violation of the 2018 Organic Act on the Acquisition of Senators. However, in March 2026, an EC subcommittee voted to overturn the earlier finding. The conflicting recommendations were subsequently submitted to the EC for a final decision. On 14 September 2026, the EC decided to refer 77 individuals to the Supreme Court to initiate criminal proceedings against them for alleged collusion in the 2024 Senate election. Among the 77 individuals are 26 sitting senators. No political party executives or other political office holders were among the 77.

The Observatory denounces the criminal lawsuits against Yingcheep, which appear to be in retaliation against the peaceful exercise of his right to freedom of expression, as enshrined in international human rights law, in particular in Article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a state party.

The Observatory calls upon the Thai authorities to ensure that all complaints are dropped and urges them to take concrete steps towards the decriminalisation of defamation under Articles 326 and 328 of the Criminal Code, which are used to intimidate, silence, and harass human rights defenders in Thailand.

Actions requested:

Please write to the Thai authorities urging them to:

 Guarantee in all circumstances the physical and psychological integrity of Yingcheep Atchanont and of all iLaw staff, and put an end to all forms of harassment, including judicial harassment, against them;
 Dismiss the criminal defamation complaint filed on 15 September 2026 before the Bangkok Criminal Court, and ensure that all other complaints against Yingcheep Atchanont are dropped;
 Take concrete steps towards the decriminalisation of defamation by repealing or amending Articles 326 and 328 of the Criminal Code, and adopt effective safeguards against SLAPPs;
 Guarantee in all circumstances the rights to freedom of expression, as enshrined in international human rights law, and particularly in Article 19 of the ICCPR, to which Thailand is a state party.

Addresses:

• Mr. Anutin Charnvirakul, Prime Minister of Thailand, Email: [email protected]
• Mr. Sihasak Phuangketkeow, Deputy Prime Minister and Minister of Foreign Affairs of Thailand, Email: [email protected]
• Police Lieutenant General Rutthaphon Naowarat, Minister of Justice, Email: [email protected]
• National Human Rights Commission of Thailand, Email: [email protected]
• H.E. Ambassador Usana Berananda, Permanent Mission of Thailand to the United Nations in Geneva, Switzerland, Email: [email protected]
• H.E. Kanchana Patarachoke, Embassy of Thailand to Belgium and Luxembourg, and Head of Mission of Thailand to the European Union, Email: [email protected]

Please also write to the diplomatic representations of Thailand in your respective countries.