An Australian academic and journalist is facing a potential two-year prison sentence in Thailand over articles he wrote that were critical of the Malaysian government's internet regulator.
The Charges and the Allegations
Murray Hunter, a long-term resident of southern Thailand, will stand trial in a Bangkok court in December. The charges stem from four articles published on his Substack in April 2024. In these pieces, Hunter accused the Malaysia Communications and Multimedia Commission (MCMC) of abusing its power, engaging in censorship, and blocking websites critical of the government. He also alleged that the commission's chairperson held a significant conflict of interest.
This cross-border legal action, described as rare for Southeast Asia, escalated in September when Hunter was arrested at Bangkok’s Suvarnabhumi Airport as he attempted to board a flight to Hong Kong. Although he was granted bail, his passport was confiscated. The charge of criminal defamation carries a maximum penalty of two years in prison or a fine of 200,000 baht (approximately AUD$9,500).
A 'Surreal' Transnational Legal Attack
Hunter described the situation to This Week in Asia as "surreal". He perceives the case as a direct attempt by the MCMC leadership to silence his criticism and intimidate other journalists in the region. "This is a wake-up call for journalists in the region who could be arrested on the complaint of others in third countries," Hunter stated, characterising the lawsuit as "malicious and often vindictive".
Adding to the complexity, Hunter revealed that the MCMC had already won a civil defamation case against him in a Malaysian court, a proceeding he claims he was not informed about and did not participate in.
Wider Implications for Press Freedom
The legal action against Hunter has been labelled a "transnational SLAPP case" by Thai Lawyers for Human Rights. SLAPP, an acronym for Strategic Lawsuits Against Public Participation, refers to legal actions that are often groundless and are used to burden critics, activists, and journalists with the costs and stress of a legal defence.
The Foreign Correspondents’ Club of Thailand (FCCT) has voiced grave concerns, stating that Hunter's prosecution demonstrates how Thailand's criminal defamation laws can be easily weaponised to suppress criticism. "The way the law operates is a serious threat to freedom of expression," the FCCT said in a statement, calling for the immediate dismissal of all charges against Hunter. The club further highlighted the troubling reality that "Thai courts are tied up with thousands of ongoing trials for often frivolous charges."
