Court to rule on mining firm’s suit against ThaiPBS

THE CRIMINAL court will decide today whether it will accept the case filed by a Loei-based gold mining company against Thai Public Broadcasting Service (ThaiPBS).
The Tungkum mining company is suing ThaiPBS as well as its former director, chief editors and reporters for allegedly violating the Computer Crime Act. The company claims that the TV channel’s report on the impact the mining operation was having on the environment has damaged its reputation. However, it is up to the court to accept or deny hearing the case. 
Theeraphan Thankiri, the defendants’ lawyer from the Community Resource Centre Foundation, said ThaiPBS and its officials were ready for the court’s decision. 
“Tomorrow [today], the lawyers’ team will be at the Criminal Court to hear the decision. We believe the court will not accept the case, but we are prepared should the court decide otherwise,” Theeraphan said. 
“If the court decides not to accept the case, then it will be up to the plaintiff to decide if it wants to appeal or drop the lawsuit. Even if the case is accepted, we are ready to fight,” he added. 
Should the court decide to accept the case, he said the court would send official letters to the defendants to summon them for interrogation and start collecting evidence. If the defendants are found guilty, they could face up to five years in jail or a Bt200,000 fine. 
Apart from the criminal case, Tungkum is also suing ThaiPBS for Bt50 million in compensation for allegedly damaging the firm’s reputation. The company is also seeking to have the broadcaster’s licence suspended for five years. 

‘Report was balanced’
The defendants in this case include ThaiPBS former managing director Somchai Suwanban, news department director Korkhet Chantaralertluk, television and radio department director Yoyhin Sithibordikul and reporter Weerada Sae-Lim.
Surapong Kongchantuk, a member of the ThaiPBS policy committee, said he was certain the case would be dropped as the report in question was balanced and did not hurt anybody’s reputation. 
“That report [on the environmental problems in the river near the gold mine] was good and balanced. It presented views from both sides and did not aim to defame anybody. So, it is wrong to sue the reporters,” Surapong said. “I hope the court understands and dismisses the case.”
Meanwhile, Amnesty International and 13 other international organisations have released a statement calling on the government to preserve press freedom, dismiss the defamation case against ThaiPBS and also amend the Computer Crime Act so it is in line with international standards. 
“We ask Tungkum gold mining company to drop the case against ThaiPBS immediately without condition in order to comply with the UN Guiding Principles on Business and Human Rights. The company should also protect and respect people’s rights, and mitigate any impacts its operations may have,” the statement read. 
Tungkum also has six defamation cases against local activists. Most of the cases are ongoing.