Thai Lawyers for Human Rights urgently calls your attention to the indictment of Mr. Murray Hunter, an Australian journalist residing in Thailand, under Section 328 (defamation by publication) of the Thai Criminal Code [1] on 17 November 2025. (Black Case No. Aor. 2120/2568) This case stems from four articles that were published on his Substack between 13 and 29 April 2024, that, according to the public prosecutor, allegedly defamed the Malaysian Communications and Multimedia Commission (MCMC), a Malaysian government agency. If convicted, Mr. Hunter faces a maximum prison term of eight years and a fine not exceeding 800,000 baht.

Criminal defamation is a compoundable offense in Thailand. In other words, a party that alleges injury can withdraw a complaint and the case.

Case Background

Mr. Hunter is an independent journalist who has covered various political and governance issues in Malaysia, often publishing critical analyses of the country’s leadership and institutions on his Substack blog. [2] MCMC has ordered internet service providers to block access to Mr. Hunter’s Substack in Malaysia. [3] From 13 to 29 April 2024, Mr. Hunter published four articles on his Substack criticizing MCMC. (See more below.)

Charging Stage

On 27 March 2025, the Bangkok South Criminal Court issued an arrest warrant (No. 404/2568) for Mr. Hunter based on a complaint filed at Yannawa Police Station by a representative of MCMC. On 29 September 2025, Mr. Hunter was arrested at the Suvarnabhumi Airport, while attempting to board a flight to Hong Kong. He was transferred to Yannawa Police Station where he was charged under Section 328 (defamation by publication) of the Thai Criminal Code. The penalty for violating this law is a maximum prison term of two years and a fine not exceeding 200,000 baht.

Mr. Hunter was detained for approximately 24 hours at Yannawa Police Station before he was released on 20,000 baht bail, pending a 17 November court appearance.

Indictment

On 17 November 2025, the public prosecutor indicted Mr. Hunter under Section 328 of the Criminal Code in connection with the following quotes from four articles on Mr. Hunter’s Substack:

Article 1: “The 3Rs are an Instrument of Tyranny for Malaysia” (13 April 2024) [4]

“Behind the PDRM is the MCMC, under the chair of TS Salim Fateh Din, which is illegally blocking hundreds of websites of those they deem critics of the government. The MCMC is working with social media platforms to pull down material the establishment doesn’t agree with.”

“The MCMC, under Salim’s stewardship is also blocking critics of his own company MRCB, a clear conflict of interest and abuse of power. This is what happens when politically partisan people are put in charge of law enforcement agencies.”

“The approach taken by the PDRM-MCMC-JAKIM is using the 3Rs as a tool of suppression of freedom of speech is a selective manner is tyranny. This is also destroying the racial harmony of the nation.”

Article 2: “MCMC ordered by the High Court to produce police instruction to block weechookeong.com” (19 April 2024) [5]

“MCMC is subverting democracy, and covering up whistleblowers who are have genuine intentions in exposing corruption. The MCMC cannot become a private cyber police force, in the interests of individuals, rather than the national interest.”

“Too much evidence is building up of complicity and conspiracy between the MCMC and police for the benefit of protecting individual interests.”

Article 3: “MCMC is out of Control” (25 April 2024) [6]

“These raids on citizens homes are a form of intimidation to support ‘ketuanan’ chauvinists and cover up the exposure of corruption. MCMC is clearly entering the political arena and claiming to the be the sole arbitrator of the truth. There is little proper legal process going on leaving the victims of MCMC actions without any legal remedy to these home invasions.”

“UMNO stalwart Salim Fateh Din, who is chairman of the MCMC is using the agency for political purposes. Salim is building up a political gestapo without any checks and balances to restrain it from going overboard. The MCMC has become an extra-judicial para police force to intimidate citizens and cover up issues of corruption.”

Article 4: “Chegubard’s arrest and charging is a warning to all Malaysians” (29 April 2024) [7]

“Likewise the MCMC is under the control of an UMNO warlord and corporate mogul. The MCMC is acting far beyond its statutory powers in self interest. Together, the PDRM and MCMC are now a massive authoritarian ‘thought police’ intimidating and terrorizing the community. The authorities are flaunting the constitution.”

According to the public prosecutor, the four articles are defamatory because, through their content, they are likely to cause the MCMC to “lose reputation, be held in contempt, and be subjected to hatred by the public.” If the court finds Mr. Hunter guilty in relation to the four articles, he could be sentenced to a maximum prison term of eight years and a fine not exceeding 800,000 baht.

It should be noted that “a statement made in good faith … by way of fair comment on any person or thing normally subject to public criticism” does not constitute defamation under the Criminal Code [8]. Moreover, a person shall not be punished for defamation if he can prove that the statement at issue is truthful [9].

Read out previous Human Rights update on Mr. Hunter’s case here.

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Endnotes

(1) If the defamation is committed by means of publication of any document, drawing, painting, film, picture or letters made visible by any means, gramophone record or audio, visual or letter recorder, or by audio or visual broadcast or by announcement by any other means, the perpetrator shall be liable to imprisonment for a term not exceeding two years and to a fine not exceeding two hundred thousand baht

(2) Murray Hunter, https://murrayhunter.substack.com/.

(3) Freedom House, “Freedom on the Net 2024 – Malaysia,” https://freedomhouse.org/country/malaysia/freedom-net/2024.

(4) Murray Hunter, “The 3Rs are an instrument of tyranny for Malaysia,” 13 April 2024, https://murrayhunter.substack.com/p/the-3rs-are-an-instrument-of-tyranny?utm_source=publication-search.

(5) Murray Hunter, “MCMC ordered by the High Court to produce police instructions to block weechookeong.com,” 19 April 2024, https://murrayhunter.substack.com/p/mcmc-ordered-by-the-high-court-to?utm_source=publication-search.

(6) Murray Hunter, “MCMC is out of control,” 25 April 2024, https://murrayhunter.substack.com/p/mcmc-is-out-of-control?utm_source=publication-search.

(7) Murray Hunter, “Chegubard’s arrest and charging is a warning to all Malaysians,” 29 April 2024, https://murrayhunter.substack.com/p/chegubards-arrest-and-charging-is?utm_source=publication-search.

(8) Criminal Code, Section 329(3).

(9) Id. Section 330.

Case Background

Charging Stage

Indictment

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