Anti-SLAPP Law (No. 2), B.E. 2568 (2025)

Anti-SLAPP Law (No. 2), B.E. 2568 (2025)

Mr. Sarote Phuengrampan, Secretary-General of the NACC and spokesperson for the NACC Office, revealed that on June 5, 2025, the Royal Thai Government Gazette published the Organic Act on Anti-Corruption (No. 2), B.E. 2568. The key objective of this legislation is to enhance mechanisms and measures to protect and support whistleblowers who expose corruption, thereby building public confidence in the legal protections available. It also aims to encourage greater public participation in reporting or identifying corruption.

This Organic Act (No. 2), B.E. 2568 stems from the revised National Reform Plan on Preventing and Suppressing Corruption and Misconduct. The plan includes reform activities designed to bring about significant change for the public, under the “Big Rock” strategy.

One of its goals is to develop access to information and establish an efficient protection system for whistleblowers. It seeks to amend related laws to protect individuals who express opinions or expose information related to corruption and misconduct from being unfairly sued—a concept known as Anti-SLAPP Law (Strategic Lawsuit Against Public Participation).

The Act incorporates the principles of the Anti-SLAPP Law as a legal mechanism to protect and support individuals who are subjected to malicious lawsuits, complaints, or disciplinary actions as a result of providing statements, reporting information or evidence, or expressing opinions in good faith and in ways that benefit the performance of duties or pertain to offenses under the authority of the NACC. Additionally, the Act outlines specific support measures for whistleblowers as follows:

1. If an individual is maliciously targeted and involved in a criminal case—whether at the stage of police investigation, prosecution, or court proceedings—the NACC office is authorized to assist by, for example, issuing a resolution of protection to be submitted to the police, prosecutor, or court for consideration in the case. The NACC office may also assign officials or provide lawyers to assist in civil litigation, as well as support litigation expenses.
2. If an individual is maliciously sued in a civil case, the NACC office can provide support by assigning officials or lawyers to assist in court proceedings, including covering court fees and related legal costs.
3. If an individual is subjected to malicious disciplinary action, the law mandates that a resolution of protection be issued and submitted to the relevant superior officer to immediately cease such disciplinary proceedings.

These protection measures, now in effect under the newly enforced Organic Act, are part of a legal mechanism aimed at promoting public involvement in anti-corruption efforts. They help instill confidence among citizens that whistleblowers will be protected by the state in accordance with the Constitution of the Kingdom of Thailand.