Measures to Protecting Corruption Whistleblowers from Strategic Lawsuit Against Public Participation.

Abstract

This research consists purposes were 1. to study the concept related to the protection of corruption whistleblowers from Strategic Lawsuit Against Public Participation (SLAPP) 2. to study the provisions of the law related to the protection of whistleblowers from SLAPP in Thailand and abroad and 3. to study aboard approach to protecting whistleblowers from SLAPP. This study was a qualitative research which study from various related documents such as books, textbooks, thesis, academic articles, research papers, legal texts, foreign judgments, Supreme Court verdict and information on the Internet both in Thailand and abroad, etc., and then use the information gathered from various relevant documents to analyze the content. The results of this study found that 1) According to the concept of relationship between Freedom of Expression, Right to reputation and Public order, it can be seen that corruption whistleblowers should be protected from SLAPP 2) Thailand has placed importance on the protection of corruption whistleblowers. It was stipulated at the level of the Constitution of the Kingdom of Thailand B.E. 2560, but there are still loopholes in the process of litigation, especially for defamation against corruption whistleblowers and 3) Abroad, freedom of expression on public issues is highly valued and it is clearly protected. In particular, specific provisions were established to protect those who express their views in order to protect the public interest from SLAPP. There should be a provision to clearly exclude the liability of corruption whistleblowers, especially defamation offenses and increase provisions to allow corruption whistleblowers or use their freedom of expression to be protected from SLAPP in Thailand.