Human Rights Watch (HRW) urged the Thai government on Wednesday to drop charges against Murray Hunter, an Australian journalist accused of defaming the Malaysia Communications and Multimedia Commission (MCMC).

HRW stated that criminal defamation laws are incompatible with Thailand’s obligation to protect the right to free expression, and that the case demonstrates the Thai government’s willingness to violate such rights “on behalf of foreign governments that are targeting critics beyond their borders.” The rights group urged Australia and other states to emphasize the reputational risk that Thailand would endure for prosecuting the journalist. 

“The arrest and criminal defamation charges against Murray Hunter [constitute] an alarming example of cross-border efforts to suppress critical voices and media freedoms,” said Daniela Gavshon, Australia director at HRW. “The Thai government should not be furthering the Malaysian government’s attempts to censor and prosecute its critics.”

Hunter was arrested on September 29 at Bangkok’s Suvarnabhumi Airport while waiting for a flight to Hong Kong. The journalist was detained for 24 hours and then released on bail, though Thai authorities have confiscated his passport to prevent him from leaving the country. He was charged with four counts of “defamation by publication” on November 17 under Section 328 of Thailand’s Criminal Code for defaming the MCMC. If convicted, he faces a potential prison sentence of up to eight years and a fine not exceeding 800,000 baht. Hunter faces an evidence examination hearing scheduled on December 22.

Under sweeping new amendments to Malaysia’s Communications and Multimedia Act 1998, the MCMC has banned access to online news portals to censor critical speech. The commission ordered Internet service providers to block access to Hunter’s Substack in Malaysia. Hunter’s Substack articles include criticism of the MCMC, in which he called the commission “an extra-judicial para-police force” and accused it of “subverting democracy.” The Thai prosecutor argued that Hunter’s articles are defamatory because they are likely to cause the MCMC to “lose reputation, be held in contempt, and be subjected to hatred by the public.”

The International Covenant on Civil and Political Rights, of which Thailand but not Malaysia is a signatory, provides free expression rights. Article 19(2) explains that the right to freedom of expression includes the “freedom to seek, receive and impart information and ideas of all kinds.” Article 19(3) allows these rights to be restricted if they are provided by law and if necessary either for the “respect of the rights or reputations” of others or for national security or public health reasons.