Bangkok Post
Top court issues guidelines to curb abusive lawsuits
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The Supreme Court president has issued new guidelines aimed at screening bad-faith criminal lawsuits and preventing the judicial process from being misused to intimidate citizens or limit freedom of expression.
Key facts
- Adisak Tantiwong signed the recommendations, titled the 2026 Guidelines on Bad-Faith Criminal Litigation, to provide courts with a clearer framework for examining whether criminal complaints are filed dishonestly or with abusive intent
- Most were linked to business disputes and human rights issues, while more than 90% were criminal cases -- particularly criminal defamation -- exposing defendants to both legal penalties and heavy litigation costs.
- The Supreme Court president has issued new guidelines aimed at screening bad-faith criminal lawsuits and preventing the judicial process from being misused to intimidate citizens or limit freedom of expression.
- Research cited by legal advocates found that at least 109 cases with Slapp characteristics were filed in Thailand between 1997 and 2022
Summary
Adisak Tantiwong signed the recommendations, titled the 2026 Guidelines on Bad-Faith Criminal Litigation, to provide courts with a clearer framework for examining whether criminal complaints are filed dishonestly or with abusive intent. The Office of the Judiciary said the recommendations will be published in the Royal Gazette.
The move follows growing concern over the use of strategic lawsuits against public participation (Slapp), which critics say have been used to silence criticism, discourage civic engagement and burden defendants with lengthy legal battles.