Fortify Rights demands dismissal of Thammakaset Company’s defamation lawsuit against human rights defenders

Thailand’s Appeal Court should acquit Angkhana Neelapaijit, Puttanee Kangkun, and Thanaporn Saleephol of the criminal defamation charges brought by Thammakaset Company Limited and protect human rights defenders from future unfounded legal cases, said Fortify Rights today (28 October). Seven years after Thammakaset filed the complaint and more than three years after the initial Court of Justice acquitted the three defendants on August 29, 2023, the Bangkok South Criminal Court has scheduled the Court of Appeal’s verdict hearing for November 2, 2026.

“Seven years of spurious legal charges and three years after the first acquittal is an abuse of judicial proceedings that should protect freedom of expression and opinion in good faith. Justice delayed is justice denied,” said Peter Bouckaert, Senior Director at Fortify Rights. “Urgently decriminalizing defamation and stopping unfounded legal lawsuits against journalists and human rights defenders must be a priority for the Thai government.”

Thammakaset’s complaints against the three women focus on 30 posts or reposts on social media that contain messages of solidarity for human rights defenders facing lawsuits brought by the company, with links to news releases that included a video clip produced by Fortify Rights. The defendants include a current as well as a former Fortify Rights employee.

In total, the case involves 30 counts of alleged criminal defamation under sections 326 and 328 of the Thailand Criminal Code. This includes four counts against Angkhana Neelapaijit, a Thai senator, a former member of the U.N. Working Group on Enforced or Involuntary Disappearance and National Human Rights Commissioner; 21 counts against Fortify Rights and The Fort Director, Puttanee Kangkun; and five counts against Thanaporn Saleephol, a former Fortify Rights Communication Associate.

Each count carries a penalty of up to two years in prison and a fine of 200,000 Thai baht (approximately US$5,700). Thailand is a party to the International Covenant on Civil and Political Rights, whose Article 19 protects freedom of expression and permits restrictions only where they are necessary and proportionate. Imprisonment for defamation is considered disproportionate, excessive, and unnecessary punishment since custodial penalties have a chilling effect on freedom of expression.

On May 25, 2026, Supreme Court President Adisak Tantiwong signed the Recommendations of the President of the Supreme Court on Proceedings Brought in Bad Faith in Criminal Cases, B.E. 2569 (2026). Courts may use Section 161/1 to dismiss blatant bad-faith complaints at the complaint-examination stage or alongside the preliminary inquiry and may assign court officials to gather evidence. However, the recommendations focus on early-stage screening and do not address the guidelines for appeals for such bad-faith complaints, which are commonly used in Thailand to persecute activists and journalists.

The case also raises wider concerns about Thailand’s international human rights commitments and reputation. It is against the principles of business and human rights, particularly given Thailand’s regional leadership on the National Action Plan on Business and Human Rights, which names the protection of human rights defenders as one of its four pillars.

Since 2016, Thammakaset has brought at least 37 complaints against 22 human rights defenders, mostly women, in Thailand. Thai courts have dismissed or ruled against the company in most of the cases.

“Instead of bringing baseless lawsuits against anyone who criticizes them, Thammakaset should look at the concerns about its business practices that have been consistently raised by activists,” said Bouckaert. “Part of being a responsible business is to seriously investigate any complaints made about your business practices, and to take appropriate corrective action.”