Malaysia's Cross-Border SLAPP Case Against Journalist Murray Hunter in Thailand Sparks Alarm
A Malaysian agency is prosecuting Australian journalist Murray Hunter in a Thai court. An analysis of the growing threat of transnational 'SLAPP' lawsuits on press freedom.
Could a negative TripAdvisor review get you arrested overseas? The case of Australian journalist Murray Hunter suggests the risk is no longer hypothetical. A Malaysian government agency is using Thai courts to prosecute him, raising alarms about a new front in transnational repression and so-called Strategic Lawsuits Against Public Participation (SLAPPs).
A Thai Senate Committee has recently urged local prosecutors to drop the unprecedented cross-border defamation case, which was launched by the Malaysian Communications and Multimedia Commission (MCMC) about four months ago. The lawsuit has angered civil society and press freedom groups, who see it as a textbook example of a SLAPP—a legal action designed to exhaust critics financially and psychologically to silence them.
Arrest at the Airport, Trial on the Horizon
Hunter, 67, was arrested on September 29 at Bangkok's Suvarnabhumi Airport as he was about to board a flight. After the MCMC lodged its criminal defamation charge, he spent a night in prison before being bailed on September 30 for 20,000 baht (about $620). He was indicted by a court in November. If convicted, Hunter could face a maximum prison term of two years and a fine of 200,000 baht.
His trial was postponed from its original mid-December date. A second round of court-ordered mediation talks is scheduled for January 12. Should that fail, a court hearing is set for February 16.
Thailand's Dilemma and the 'Libel Tourism' Threat
The Thai Senate Committee is concerned that foreign entities could weaponize the Thai legal system for harassment, clogging up its limited resources. According to Hunter, the committee discussed potential anti-SLAPP measures, such as forcing litigators to pay a deposit to cover legal fees if a case is found to be frivolous, or establishing an ombudsman to screen potential SLAPPs.
Legal experts warn that criminal defamation laws, common across Southeast Asia, mean anyone—from government critics to tourists—can potentially be charged in any country where an offending story can be downloaded. “Tourists could find themselves detained simply for reviewing a hotel, restaurant or airline,” Hunter said. He added that freelance journalists spending the Christmas period in Thailand are under threat. This chilling effect has prompted groups like PEN Malaysia to demand that the charges be dropped immediately.
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