Curtailing Free Expression, Opinion and Information Online in Southeast Asia
Case of Manager Online
In February 2018, the editor of ‘Manager Online’ news website faced
charges under section 328 of the Criminal Code and section 14(2) of the
CCA, after a Director of Thailand’s ISOC authorized the filing of a criminal
defamation complaint against him.
This followed the publication of a story on the website on 5 February
2018 which had alleged torture and ill-treatment of a suspect in military
camps. The military further sought 10 mil. Baht (approx. USD 320,000)
in damages from the news website for its report.160
In February 2019, the ICJ was informed that complaints against the
editor and a second editor of the same website had been withdrawn,
following a settlement obliging ‘Manager Online’ to publish a “clarification
statement” drafted by ISOC Region 4 Forward division, which had brought
the criminal defamation charges against them. The statement indicated
that “after examining all facts”, the editors had found “it is not true” and
expressed “remorse about (our) wrongdoing by publishing an article that
defamed officers of the ISOC 4 Forward, and damaged their reputation.”
The statement urged all groups “to stop bringing security problems in
the region to defame the officers for their own benefit or their political
interests and to stop deceiving the public with distorted information.”161
In a submission to the UN Human Rights Committee in April 2019, the
ICJ highlighted that this settlement had done nothing to allay concerns
that criminal defamation charges had been used to legally harass and
threaten the news website in the first place.162
160 ICJ, ‘Thailand: immediately stop criminal defamation complaint against torture victim’, 15 February
2018, Available at: https://www.icj.org/wp-content/uploads/2018/02/Thailand-Isma-ae-Taedefamation-case-News-Press-releases-2018-ENG.pdf
161 Manager Online, “Clarification Statement,” 14 February 2019, Available at: https://mgronline.com/
south/detail/9620000015540
162 ICJ, TLHR, CrCF, ‘Supplementary Submission by the International Commission of Jurists, Thai
Lawyers For Human Rights and Cross-Cultural Foundation on Thailand’s Implementation of the
Human Rights Committee’s Prioritized Recommendations following its Review of Thailand’s Second
Periodic Report at its 119th Session’, April 2019, para 20.
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