Thai court dismisses defamation case against anti-mining group

Environmental Justice

Thai court dismisses defamation case against villagers fighting potash mining

A court has thrown out a defamation case against six villagers who complained about the impact of a potash mine on their land in northeastern Thailand.

By
Nicha Wachpanich
and
Ken G Weber

Published 4 March 2025
4 min read

Nakhon Ratchasima – Jongdee Minkhuntod threw her fist in the air in triumph alongside her community members at the Sikhio Provincial Court. The court had just dismissed a defamation case against six of them – the cost their community bears for fighting against potash mining.

Many people in Jongdee’s hometown, Dan Khun Thot district in northeastern Thailand, make a living from rice and sugarcane farming. But today, the ground is dusted with crystals of potassium chloride and other salts allegedly caused by leakage from the potash mining operation.

As a result of an increasing regional demand and Thailand’s push to increase fertiliser exports, the main use of potash, the once-fertile paddies have become unviable to farm ever since, leaving some community members without a livelihood.

Read more about Thailand’s potash industry in When the land turns white: Thai villages unite against a new push for potash mining

Victory against SLAPP case

Jongdee and her fellow community members, known as the “Khon Rak Ban Kerd Dan Khun Thot Group”, had been speaking out about the impacts until October 2024, when six of them were accused of defamation and insult on Facebook by the local officials in the same district.

The lawsuit, initiated by Nipon Nilkan, chief executive of Non Mueang Pattana Subdistrict Administrative Organisation, demanded 300,000 THB (about $8,795 USD) in damages per defendant.

After five months of repeated requests from the plaintiff to postpone the preliminary hearing, on 24 February, the court ruled that the plaintiff lacked sufficient evidence and engaged in deliberate legal delays, leading to the case’s dismissal.

“This verdict gives us strength and confidence to continue resisting potash mining. Today, we have seen justice served,” said Jongdee “To those who use lawsuits as a weapon against us, we will not back down.”

Rattanamanee Polkla, a lawyer from the Community Resource Center Foundation who oversaw the case, said that the court’s ruling proves this case should never have gone to trial.

“This case was fundamentally about freedom of expression and should not have been pursued in court,” said Sor, who also pointed out that the case can be considered as Strategic Lawsuit Against Public Participation or “SLAPP”, a legal technique which forces community rights defenders to repeatedly attend court, wasting their time and resources while also discouraging whistleblowers.

In 2024, the same chief executive had filed another defamation lawsuit against the local conservation group, but withdrew the accusation.

SLAPP cases are increasingly being used to discourage environmental activists and journalists in Thailand and worldwide. In the same week, a civil court in the United States began a trial that gained international attention: the global environmental movement Greenpeace was accused by a fossil gas pipeline company of defamation and delaying their construction. The judicial decision could reportedly lead to the organisation’s bankruptcy and chilling effect for the environmental movement worldwide.

Bringing salt to Bangkok

The fight against potash mining in Jongdee’s home made its way to Bangkok at the end of January, with protesters bringing the salt that has been synonymous with their struggle. Demanding a new Environmental Impact Assessment (EIA) and accountability from the government and the mine’s stakeholders, they occupied the Ministry of Industry for five days.

Community members also protested Bangchak Corporation – a major stakeholder in Thai Kali, the mine’s operator – asking the energy conglomerate to take responsibility for the impacts allegedly caused by the mine.

The protest was also fueled by plans for three new mines in Don Nong Pho, which is in close proximity to the previous mines in Dan Khun Thot district. The anti-mining group is concerned about the potential risk of leakage that could salinate farming land and contaminate the community’s water sources. The group also notes that no additional EIA was required for these new mines.

Juthamat Srihatthapadungkit, an advisor to the community and member of the Campaign for Public Policy on Mineral Resources (PPM), hopes the protest will lead to concrete action from the government.

“We have gotten more attention. Previously, almost no one had cared or seriously moved on this issue,” Juthamat said. “More government agencies are moving, allowing us more mechanisms that we can use.”

The Parliament’s committee on land, natural resources and environment recently visited the community on 28 February, promising to question relevant government agencies within a month. Nevertheless, the community is keeping a vigilant eye on the outcome of the committee’s visit and the planned mines, Juthamat said.

“If they insist on excavating the tunnels with explosives,” said Juthamat. “We will probably have to go to Bangkok again, coming in big numbers this time.”