An Australian academic and journalist faces up to two years in prison after being charged – in Thailand – with defaming the Malaysian government.
Murray Hunter, a longtime resident of southern Thailand, will stand trial in Bangkok next month, charged with criminal defamation over articles critical of the Malaysian government’s internet regulator.
In four articles posted on his Substack across April 2024, Hunter accused the Malaysia Communications and Multimedia Commission (MCMC) of abusing its power, censoring and blocking websites critical of the government, and alleged its chair held a conflict of interest.
In a cross-border case, rare for south-east Asia, Hunter was arrested at Bangkok’s Suvarnabhumi Airport in September, as he sought to board a flight to Hong Kong. He was bailed, but had his passport seized.
Hunter will face trial in December. The offence carries a potential penalty of two years in jail, or a 200,000 baht (AUD$9,500) fine. In Malaysian courts, the MCMC has already won a civil defamation case, of which Hunter said he was not informed.
Hunter told This Week in Asia the transnational criminal case brought against him in Thailand was “surreal”.
“I see this as the leadership of the MCMC trying to silence me and give a lesson to others.
“This is a wake-up call for journalists in the region who could be arrested on the complaint of others in third countries. This is malicious and often vindictive.”
Thai Lawyers for Human Rights described the legal action against Hunter as a “transnational SLAPP case”. SLAPP is an acronym for Strategic Lawsuits Against Public Participation, specious or intimidating lawsuits filed to silence critics, activists, or journalists, and organisations by burdening them with the cost of a legal defence or potential penalties. The cases are most often brought by companies or governments seeking to suppress public debate, or silence criticism.
The Foreign Correspondents’ Club of Thailand said Hunter’s prosecution demonstrated the ease with which Thailand’s criminal defamation laws could be weaponised to silence criticism.
“The way the law operates is a serious threat to freedom of expression,” it said in a statement.
The club said the charges against Hunter should be dropped immediately.
“It is rare for a Thai judge to dismiss a defamation complaint, and Thai courts are tied up with thousands of ongoing trials for often frivolous charges.”
