Backlash grows over EC legal action against six in ballot filming case

2026-02-28 - 09:43

BANGKOK — 28 February 2026, Thailand’s Election Commission (EC) is facing mounting criticism after filing criminal complaints against six individuals over ballot photography and alleged attempts to decode ballot barcodes during a Bangkok re-run election. The statement follows criticism over the EC’s decision to file a complaint with the Crime Suppression Division regarding incidents that occurred during the re-run of the MP election and referendum vote on 22 February 2026 at Polling Station 9 in Khan Na Yao District, where media and observers documented the re-run of an MP election and referendum vote. Who is named in the complaint Thai media report that the six individuals named in the EC’s complaint include: Somchai Srisutthiyakorn, a former Election Commissioner Parit Wacharasindhu, a People’s Party spokesperson Thammathir Sukchotirat, a technology academic Thanarat Kuwattanapan, a blockchain entrepreneur Chaipan Chawalawanichai, an online commentator Songpol Ruangsamut, chief photographer at Spacebar The EC has confirmed it filed the complaint with the Crime Suppression Division but has not publicly released the full legal document. Alleged offences The EC’s complaint includes a series of serious criminal charges under the Penal Code and related laws: Membership of an illegal secret organisation under Section 209 of the Criminal Code, which carries a maximum penalty of up to 10 years’ imprisonment for organisers or leaders. Sedition or incitement under Section 116 of the Criminal Code, punishable by up to seven years’ imprisonment, for allegedly stirring unrest or encouraging violations of the law. Obstruction of the EC’s duties, in connection with alleged interference in the administration of the election. Offences under Section 14 of the Computer Crime Act, for allegedly importing or disseminating false information in a manner said to affect national security or public order. Unlawfully opening sealed documents, reportedly under Section 322 of the Criminal Code. The commission stressed that voting under the 2017 Constitution must be direct and secret, and said any attempt to identify how individuals voted would constitute electoral fraud. It further alleged that the installation of cameras near the polling station discouraged some voters from casting ballots. The EC rejected claims that it is targeting ordinary citizens or the media, noting that more than 100 members of the public and press observed the vote without facing legal action. It said the complaint applies only to individuals it believes acted in coordination and with dishonest intent. Reactions from agencies and opposition Opposition figures have criticised the EC’s approach, arguing that raising questions about ballot barcodes and election transparency should not be criminalised. The People’s Party described the complaint as resembling a Strategic Lawsuit Against Public Participation (SLAPP), warning it could impose heavy legal burdens and deter public scrutiny of the election process, while activist Sombat Boonngam-anong and Yingcheep Atchanont of iLaw likewise criticised the move as disproportionate and potentially chilling to citizen oversight. Somchai has publicly questioned the EC’s interpretation of the law, while Parit has said transparency strengthens democratic legitimacy rather than undermines it. Spacebar issued a statement describing the complaint against its photographer as intimidation, saying its staff were performing legitimate journalistic duties and did not violate the law. The Thai Journalists Association has called on the EC to reconsider the case, warning that criminal charges against reporters covering elections could create a chilling effect on press freedom and public scrutiny. Those raising the concern argue that the severity of the charges, which carry potential prison terms, risks discouraging election monitoring and public oversight. Others maintain that the EC is within its authority to enforce election law and protect ballot secrecy. Post-election tensions deepen The case has further contributed to an already tense post-election climate, fuelling public distrust over ballot security and transparency while adding pressure to an electoral process that has already faced scrutiny and delays in finalising results. As investigators review the complaint, the case is expected to test the boundaries between election law enforcement and constitutional protections for transparency and democratic oversight.