The Constitutional Court has declined to accept the petition regarding defamation and Computer Crime Act charges filed by “Thammanat,” advising the petitioner to exercise legal rights through other courts instead of the Constitutional Court.
On 24 June 2026 GMT+7, the Constitutional Court unanimously decided not to accept for consideration the petition filed by Mr. Thawatchai Kaewkongka, who requested the court to interpret the constitution under Section 213. The petitioner claimed he suffered rights and freedom violations and damages after Captain Thammanat Prompao authorized Mr. Arthit Manassa to file a complaint with Police Lieutenant Suchart Wongprakai, an investigator at Mueang Phayao Police Station, to initiate criminal proceedings against the petitioner for defamation by publication and computer system offenses.
The petitioner argued that the actions of the three respondents amounted to a "strategic lawsuit to silence" him, with allegations exaggerated beyond reality, constituting an abuse of power contrary to Sections 3, 4, 34, and 50 of the constitution.
After reviewing the facts and documents, the Constitutional Court found that the complaint by Captain Thammanat and Mr. Arthit was a private action by aggrieved individuals, not acts by a state agency, government official, or any body exercising state power, under Section 47 of the Constitutional Court Procedure Act B.E. 2561. If the petitioner truly believes his rights or freedoms were violated, he can seek remedies through other courts according to Section 25 paragraph three of the constitution.
This case falls under a category where the constitution or related laws specify particular procedures or authorized petitioners for the Constitutional Court to consider, according to Section 47(2) of the Constitutional Court Procedure Act B.E. 2561. Section 46 paragraph three requires the court to reject such petitions. Therefore, the petitioner cannot file this petition under Section 213 of the constitution. The Constitutional Court unanimously ordered not to accept this petition for consideration, the court stated.