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Dr Francesca Farrington, Lecturer in Law at the University of Liverpool Law School, recently contributed to a judicial colloquium on bad faith litigation, held in Bangkok, Thailand
The two-day event was co-organised by the Court of Justice of Thailand, the Human Rights Institute at Columbia Law School and the Clooney Foundation for Justice. It brought together leading experts on anti-SLAPP (Strategic Lawsuits Against Public Participation) law alongside esteemed members of the Thai judiciary to examine how Thailand’s anti-SLAPP laws are used in practice, with a view to developing guidance on how to engage these provisions to effectively combat bad faith litigation.
SLAPPs are abusive lawsuits instigated by powerful individuals or corporations to silence those speaking out on matters of public interest. These lawsuits commonly target journalists, environmental activists and other human rights defenders who are speaking out on everything from corruption to sexual offences. SLAPPs transform the legal system into a vehicle for private censorship, whereby the psychological and financial cost of defending the lawsuit becomes a punishment in and of itself. In Thailand, SLAPPs are commonly framed as criminal defamation claims which can be prosecuted privately or by public prosecutors.
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Dr Farrington’s participation builds on her work as a TrialWatch expert for the Clooney Foundation for Justice, where she has co-authored reports on the efficacy of Thai anti-SLAPP laws. She said: “It was a real privilege to take part in this event. In 2024, we noted that Thailand was at a crossroads, and that the government needed to take action to empower judges to effectively combat SLAPPs. This workshop was a significant step in the right direction and provided crucial insights into the challenges and opportunities that judges face when confronted with a SLAPP case. The next steps are to build on these insights and explore avenues towards greater protection for SLAPP victims.”
The colloquium provided an opportunity to share insights on the use of anti-SLAPP laws and to engage with members of the judiciary and international experts working in this area. Dr Farrington looks forward to continuing her work in Thailand and internationally.
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