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June 16, 2025

Thailand Strengthens Whistleblower Protections

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Thailand has amended its primary anticorruption law to provide robust new protections and direct assistance to whistleblowers. The Organic Act on Anti-Corruption (No. 2) B.E. 2568 (2025) was published in the Government Gazette on June 5, 2025, and came into force the following day. The amendment introduces a clear framework for safeguarding and supporting individuals who report graft.

The amendment addresses a critical gap in the previous legislation by establishing formal mechanisms to protect and assist those who come forward with information. The key changes aim to shield whistleblowers from retaliatory legal and disciplinary actions, thereby encouraging more citizens to participate in exposing corruption without fear of reprisal.

Key updates to the law are discussed below.

Whistleblower Immunity

The amendment clarifies and strengthens legal immunity by revising section 132 of Thailand’s original anticorruption law from 2018. Under the revised section, individuals who provide good-faith statements, information, evidence, or opinions to the National Anti-Corruption Commission (NACC) regarding offenses under its jurisdiction will be protected from civil, criminal, and disciplinary liability. This protection is explicitly extended to individuals who provide information to other state agencies tasked by the NACC to investigate corruption, such as the Public Sector Anti-Corruption Commission or the whistleblower’s own supervisors.

Protection and Assistance

A new section added to the law establishes a clear and swift process for activating protections. When the NACC learns that a whistleblower is facing legal complaints, criminal charges, or disciplinary action due to their report, the commission must review the matter and decide on providing protection within 15 days. If the NACC determines that the whistleblower acted in good faith, its office is required to provide immediate assistance.

Legal and Financial Support

Another newly introduced section outlines a wide range of assistance measures the NACC office can provide in civil and criminal cases as well as disciplinary proceedings, as outlined below:

  • In civil cases: The NACC can assign its own officials as legal counsel or provide funds to hire a private lawyer and cover court fees.
  • In criminal cases:
    • The NACC will send its resolution confirming the whistleblower’s protected status to investigators or prosecutors, and this must be included in the official case file.
    • The NACC can provide legal defense, especially in cases filed by private individuals, and cover legal costs.
    • The NACC will formally notify the court of the whistleblower’s protected status so that it can be considered during hearings.
    • Assistance for temporary release (bail) is also included.
  • In disciplinary proceedings: The NACC’s resolution will be sent to the whistleblower’s employer or supervising body, which must then immediately terminate any disciplinary proceedings against the individual.

Temporary Release Assistance (Bail)

The amended law further empowers the NACC to secure whistleblowers’ freedom if they are detained. If the NACC has approved assistance, it can notify investigating officers, who must then order the individual’s temporary release without requiring a bond. If the case is already with the public prosecutor or the court, they may also order a release without bail. Should a bond be required, the NACC office is authorized to provide it.

Funding and Retroactive Application

The amendment also authorizes the use of the National Counter Corruption Fund for all costs associated with these new assistance measures. Furthermore, a transitional clause ensures that these protections can be applied retroactively to individuals who provided information before this amendment took effect, so long as their cases have not been finalized or disciplinary action has not already been completed.

These amendments signify a crucial step forward in Thailand’s legal framework for combating corruption, recognizing that the protection of those who expose wrongdoing is fundamental to achieving transparency and accountability.

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