The Chilling Effect of SLAPPs on Academic Freedom of University Lecturers in Thailand

Abstract

The increasing use of Strategic Lawsuits Against Public Participation (SLAPPs) in Thailand, particularly after the 2014 military coup, presents a significant threat to academic freedom. This study investigates the chilling effect of SLAPPs on the academic freedom of university lecturers in Thailand, focusing on how these legal actions—often disguised as defamation charges or violations of the Computer Crime Act and Thailand’s Criminal Code—are used to suppress critical academic discourse. Through documentary research and case study analysis, this study identifies key impacts on dimensions of academic freedom, including academic expression, financial impact, and institutional autonomy. The findings also highlight that SLAPPs, despite their frequent failure in court, create legal burdens that lead to a chilling effect that stifles intellectual inquiry, fosters self-censorship, and threatens the autonomy of higher education institutions. This study argues that existing legal protections are insufficient to prevent the abuse of SLAPPs and calls for the introduction of comprehensive anti-SLAPP laws. It proposes legal reforms to expedite the resolution of SLAPP cases, minimize the financial burden on victims, and impose significant penalties on those who file meritless lawsuits.