The President of the Supreme Court has issued guidance to prevent Strategic Lawsuits Against Public Participation (Anti-SLAPP), stressing that the justice system must not be used as a tool to silence the public.
On 25 May 2026, the “Court Media” page of the Information and Public Relations Division, Office of the Judiciary, posted that the President of the Supreme Court issued guidance to prevent Anti-SLAPP lawsuits, emphasizing that the justice system must not be used to silence people.
Today (25 May 2026), Mr. Adisak Tantivong, President of the Supreme Court, signed the 2026 guidance concerning improper conduct in criminal cases, intended as a framework for reviewing and screening the exercise of criminal litigation rights to ensure good faith. It aims to prevent the judicial process from being distorted or used as a tool to harass or restrict citizens’ freedom of expression. The guidance outlines how courts can consider and examine the use of criminal litigation rights that may be malicious, exploitative, or intended to impose undue burdens on parties. It reaffirms the principle that the justice process must not be misused contrary to the law’s purpose or as a means to threaten individual rights and freedoms. It provides criteria for cases that might be considered improperly litigated, such as lawsuits intended to harass, intimidate, threaten, or unduly distress defendants; litigation used to pressure parties into actions or omissions for improper benefits; and cases involving false, distorted, or concealed material facts presented to the court.
Additionally, the guidance specifies circumstances that should raise suspicion of improper litigation, enabling courts to exercise careful discretion. These include filing cases in courts far from the defendant’s residence or workplace without necessary reasons related to the case, filing multiple cases from the same facts or incidents to create burdens in litigation, and suing individuals who exercise legal rights or express opinions in good faith for public benefit—such as protecting human rights, natural resources and the environment, consumer rights, labor rights, or exposing corruption and unlawful acts.
In implementing this guidance, courts may use their authority under Section 161/1 of the Criminal Procedure Code to examine facts and relevant evidence. If it clearly appears that a case is filed in bad faith, the court may dismiss it at the preliminary screening stage or proceed simultaneously with the initial hearing to ensure timely and appropriate consideration. Courts may also assign court officers to assist in investigating and collecting evidence to support hearings and decisions, enhancing fact-finding efficiency for thorough and careful proceedings that address complex facts. This helps strengthen public confidence in the justice system while protecting plaintiffs’ rights. If the court finds that the defendant raises such claims solely to delay or annoy the proceedings, it may order termination of those issues and continue the trial without delay, and may issue orders or rulings to prevent misuse of the judicial process.
This guidance reflects the importance placed on protecting public participation in a democratic society, especially where litigation might be used to restrict freedom of expression or pressure those exercising rights in good faith before the judiciary. It maintains a balance between protecting the rights of victims, defendants, and the public interest. The issuance of this guidance by the Supreme Court President marks a significant step in advancing the criminal justice process to be efficient, transparent, and aligned with current social conditions, affirming that exercising legal rights must be based on good faith and not be used as a tool for harassment. The Office of the Judiciary will publish this guidance in the Government Gazette to inform the public widely.