RIGHTS-THAILAND: A Media David Takes On the Premier’s Goliath

By Marwaan Macan-Markar Reprint | | Print |

Marwaan Macan-Markar

BANGKOK, Mar 28 2005 (IPS) - As she prepares for a groundbreaking legal battle against one of the country’s most powerful conglomerates, a 31-year-old Thai woman is gaining prominence as a heroine for democracy.

On Sunday, Anand Panyarachun, one of Thailand’s most respected elder statesmen, became the latest to endorse the courage of Supinya Klangnarong to stand for the right of free expression.

”We need people like Ms. Supinya to educate society,” Anand, a former Thai prime minister, told a large crowd that had gathered at a hotel here to launch a fundraising campaign to aid Supinya’s legal costs.

Similar words of support flowed from a Thai senator, Nirun Pitakwatchara, and one of the country’s leading social reformers, Sulak Sivarksa, about the impending court case that also focuses on the conflicts of interest between the country’s political and business elite.

The conglomerate Supinya is up against is the telecommunication giant Shin Corporation, which was started by the country’s billionaire tycoon turned politician, Prime Minister Thaksin Shinawatra, and is currently under the control of his family.

Shin Corporation has filed a criminal and civil case against Supinya, a media rights campaigner, for allegedly making defamatory statements about the company. Also in the dock is a Thai language newspaper, the ‘Thai Post.’

The paper had published a comment attributed to the outspoken media rights activist, where she was quoted as having said that Shin Corporation’s recent profits were linked to Thaksin’s ascendancy as the premier in 2001.

While the criminal case was disturbing enough for human rights activists – Supinya faces a two-year jail term and fine up to 200,000 baht (5,000 U.S. dollars) if found guilty – the media activist also faces a civil suit. And it is the civil case that has transformed this battle into an unprecedented one.

Thaksin’s family-owned telecom giant, which in 2003 had earned a net profit of 9.7 billion baht (242.5 million U.S. dollars), is demanding a staggering 400 million baht (10 million U.S. dollars) in compensation from Supinya and her co-defendants – the three editors at ‘Thai Post.’

Supinya’s monthly salary, earned from articles and presentations she makes at seminars as the secretary-general of the non-governmental Campaign for Popular Media Reform, is a mere 15,000 baht (375 U.S. dollars).

”This case is historic because it is the first time that a Thai corporation is suing somebody for such a large sum of money,” Ubonrat Siriyuwasak, a professor of communications at Bangkok’s Chulalongkorn University, told IPS. ”Previously, cases for smaller amounts have been filed by individual businessmen or government officials.”

What is more, Supinya is also being showered with praise for not going down the conventional route that the country’s media opt for when faced with libel cases – settling out of court.

”It is common practice for newspapers to avoid libel issues becoming big news and striking a deal with the person accusing them of defamation,” Somchai Homlaor, a lawyer and human rights activist, affirmed in an interview. ”An appology in print follows as part of the settlement.”

Yet Supinya appears to have no heart to compromise on the issues at stake – freedom of expression and the conflicts of interest. Moreover, she is showing little signs of being intimidated by the huge price to silence her if she were to lose the cases, the first of which, the criminal case, is due to get underway in July.

”My case is not only about the right of press freedom and the right to free expression, but also about the citizen’s right to criticise corporations,” Supinya explained during an interview at the end of Sunday’s fund-raiser. ”Now corporations are becoming so powerful that they do not want to be monitored or criticised by the public.”

She views her case as a catalyst that would – if she wins – open doors for greater accountability of Thai conglomerates, particularly companies suspected of profiteering due to their links with the politicians in power.

”The case will help set a standard about what we as the public can do and say when it comes to conflict of interest,” said Supinya. ”It is very important today because business and political leaders come from the same group.”

The political party that Thaksin heads -Thai Rak Thai (Thais Love Thai – TRT), which was reelected to power with a thumping majority at a general election in February – has among its ranks an impressive list of the country’s wealthiest businessmen and women.

They include cabinet ministers and TRT parliamentarians with links to the entertainment, construction and transportation empires.

But already some senior Thai journalists are asserting that this case, rich with the symbolism of a financial giant taking on a weak voice representing public interest, has started to tarnish the image of the telecommunication conglomerate.

”Since the case was filed the political damage for Shin Corp and Thaksin is growing,” Kavi Chongkittavorn, senior editor of ‘The Nation’ newspaper, told IPS. ”Because they went after a soft target that has gained in strength and is getting a lot of support.”

It’s this sea change that heartens Supinya. ”The overwhelming support makes me feel good,” she admits. ”They have helped me believe I was right for speaking out.’’