The Bangkok Civil Court has dismissed a lawsuit by activist Jatupat Boonpattararaksa against NSO Group Technologies for allegedly failing to prevent him from being targeted with its Pegasus spyware, according to Amnesty International.
Mr Jatupat, also known as “Pai Dao Din”, was among about 30 activists and lawyers in Thailand whose phones were infected by the Israeli-made spyware in 2020-21, independent researchers found. Many had been detained, arrested and imprisoned several times for their political activism, or for participating in pro-democracy protests.
“The court’s failure to recognise NSO Group’s role in facilitating human rights abuses via the targeting of Thai human rights defenders with Pegasus spyware is deeply alarming,” said Chanatip Tatiyakaroonwong, Thailand researcher for Amnesty International.
“However, it won’t deter the fight against the unlawful use of spyware and the fight for justice for the victims of spyware in Thailand and around the world.”
In addition to Mr Jatupat, others targeted by Pegasus included lawyer Arnon Nampa, who has been imprisoned for lese-majeste and still faces more than 10 other charges under the law; and Panusaya Sithijirawattanakul, one of the student leaders of the pro-democracy movement.
In his lawsuit, Mr Jatupat alleged that NSO Group facilitated the use of Pegasus to target him and other Thai activists, violating their constitutional rights including the right to privacy. He said his phone was infected three times between June and July 2021.
He demanded 2.5 million baht in compensation, an end to the use of Pegasus to infect his device, access to the data extracted from his device, and for the data be deleted from the company’s database.
Pegasus software can extract data and activate cameras or microphones once it has successfully infiltrated a mobile device.
In its ruling, the court dismissed the case on the basis that there was insufficient evidence to prove that Jatupat’s device was infected, according to Amnesty.
The court said the plaintiff did not adequately present details about the forensic investigation and its outcome that led to the conclusion that his device was targeted with the spyware.
Amnesty International said its Security Lab has performed in-depth forensic analysis of numerous mobile devices around the world, including those of Thai rights defenders, to identify Pegasus infections. A 2021 investigation by Amnesty and Forbidden Stories revealed NSO spyware had facilitated extensive rights violations worldwide.
In many instances, NSO says it is a mere developer of spyware with no control over its use and denies allegations of its misuse against rights activists.
The Israeli company argues that its products are exclusively for government agencies fighting crime and terrorism, a claim challenged by civil society research indicating misuse against journalists and activists globally.
The minister of Digital Economy and Society in the previous Prayut Chan-o-cha government, Chaiwut Thanakamanusorn, admitted in parliament that the country used surveillance software — without specifying which type — to track people in cases related to national security or drugs.
However, he walked back his comments just days later, denying that such technology was used. It has never been determined which agency in Thailand might have purchased or used Pegasus software.