Section 161/1 lets Thailand’s Criminal Court dismiss bad-faith complaints early, while victims can seek direct removal of damaging online content
Thailand's Criminal Court is using Section 161/1 of the Criminal Procedure Code to screen and dismiss strategic lawsuits against public participation (SLAPP suits) that are filed in bad faith.
This provision allows judges to dismiss cases during the initial review if they are intended to intimidate or unfairly burden defendants, preventing them from proceeding to trial.
In its examination, the court assesses if a complaint was filed dishonestly and may also consider whether the defendant's conduct, such as journalistic reporting, served the public interest.
Thailand’s Criminal Court is using Section 161/1 of the Criminal Procedure Code to screen out criminal complaints filed in bad faith, allowing judges to dismiss cases intended to intimidate or impose an unfair burden on defendants before they proceed further.
Jiraphat Phanthawi, chief judge of the Criminal Court, said the provision was an important mechanism for dealing with strategic lawsuits against public participation, commonly known as SLAPP cases.
Such litigation can occur in ordinary disputes, politically related cases and defamation proceedings involving journalists, he told a seminar for media representatives on legal knowledge and judicial procedures.
When the intention behind a case is not immediately apparent, the court may conduct an additional inquiry or instruct a court case officer to gather further facts. Judges may also consider whether the conduct at the centre of the complaint served the public interest.
Victims can seek direct takedown orders
People harmed by the publication of damaging images or content may file a petition directly with the Criminal Court through the “Take It Down” mechanism. About 50–60 petitions have been submitted so far.
In technology-crime cases, the court also considers applications to block websites or URLs deemed to affect national security. More than 600,000 URLs have been blocked through this process.
Specialist divisions handle complex cases
The Criminal Court hears major cases investigated by agencies including the Department of Special Investigation, the Central Investigation Bureau and the Crime Suppression Division. Many involve complex evidence or organised criminal networks.
It has specialist divisions for narcotics, human trafficking and technology crime. Its Rights and Liberties Protection Centre also provides legal information to suspects, defendants and victims, helping them make informed decisions about exercising their rights.
Litigation creates burdens for journalists
Jiraphat said legal proceedings were sometimes brought against journalists reporting on grey-business interests or criminal networks.
Although journalists may be able to defend their reporting in court, entering the judicial process still places demands on their time and requires them to gather evidence for their defence.
The court must remain impartial and cannot intervene on behalf of either party, he added. It instead uses the Rights and Liberties Protection Centre and its spokesperson team to help the public understand their rights and the judicial process.
