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Writer's pictureManushya Foundation
Sep 17

Pai Jatupat and the Pegasus Spyware: A three-year legal battle


In recent years, the deployment of Pegasus spyware has ignited a global alarm over privacy and human rights violations.


Jatupat "Pai" Boonpattararaksa, a Thai activist, is at the forefront of a critical legal battle against NSO group, the Israeli creators of the notorious spyware–which has compromised the privacy and human rights of several activists around the globe.

This ongoing case spotlights alarming breaches of digital privacy and human rights in Thailand. Pai shares his unsettling experience:


“The use of Pegasus spyware against at least 35 individuals exercising their freedom of expression and peaceful assembly between 2020 and 2021 is a violation of privacy rights. It has caused fear and anxiety, making people worry about retaliation for their actions. For me, learning that I was a victim of Pegasus spyware made me feel deeply upset. It’s disheartening to have my privacy violated simply for expressing my hope for a democratic Thailand that truly respects human rights.


This attack has made me paranoid about my privacy, forcing me to change how I use electronic devices. I feel sorry for those who communicate with me, including family, friends, and activist networks. This concern also extends to respected individuals in authority who have personally supported me, as I now feel I’ve lost credibility in communicating with them.


The impact is not just on me but also on others who have been targeted by Pegasus spyware, especially young people and women, who may suffer more from such privacy violations in ways men like me might not fully understand.


The civil lawsuit I’ve filed against NSO Group aims to uncover the truth about the use of Pegasus spyware in Thailand. Even though I am the only plaintiff, I hope that this case will bring accountability, punishment for those responsible, and compensation and apologies for all victims.” 

To better understand the situation, it is useful to know more about the background and what has happened between Thai activists and Pegasus Spyware. 


But what is the Pegasus Spyware case?

Pegasus, created by NSO Group from Israel, is a spyware that can infiltrate smartphones without the user’s knowledge, enabling remote surveillance of personal data, communications and even physical movements. Through exploiting vulnerabilities in a device software, Pegasus  can access private information, including messages, emails, and even control the device’s camera and microphone.


Government surveillance and the Pegasus scandal

In July 2022, an investigation by Citizen Lab, iLaw, and DigitalReach uncovered that at least 30 Thai human rights defenders, pro-democracy protesters, and monarchy-reform activists had their devices infected with Pegasus. Previously, in November 2021, Apple alerted Thai political figures and academics about potential threats from state-sponsored actors. Following these revelations, the Ministry of Digital Economy and Society (MDES) admitted that some Thai government departments had used Pegasus for "national security" and drug trafficking purposes.


The Legal struggle and mediation

In November 2022, eight Thai citizens, including Pai, filed a class action lawsuit against NSO Group, challenging the impact of its spyware on their rights. Other activists have also pursued legal action against both NSO Group and the Thai government. In June 2023, Yingcheep Atchanont and pro-democracy lawyer Arnon Nampa filed another lawsuit against nine Thai government agencies, including the Office of the Prime Minister, for unlawful surveillance. This lawsuit focuses on constitutional violations and the infringement of personal privacy rights.

Furthermore, Pai is seeking 2.5 million Baht in damages for privacy violations and has called for a court order to halt NSO Group's use of Pegasus spyware against Thai citizens. NSO Group, however, asserts that it only sells spyware and does not control its application. In June 2024, a crucial mediation session ended without a resolution. NSO Group's representatives did not admit to any wrongdoing and offered a partial settlement with a non-disclosure clause, which Pai rejected. The case is now poised for trial.


Witness hearings in September 2024

The witness hearings took place from September 3-5 and 10, 2024, at the Ratchada Civil Court in Bangkok. These hearings featured testimonies from key witnesses who provided insight into the use and impact of Pegasus in Thailand.

From September 3-5, Jatupat “Pai” Boonpattararaksa and Yingcheep Atchanont, the manager of iLaw, both victims of Pegasus, testified. Additional witnesses included digital rights and cybersecurity experts, as well as computer engineering specialists.


The struggle for digital rights continues

The Pegasus spyware case in Thailand is more than just a legal dispute. It is an indispensable class struggle for the protection of privacy and digital rights in an era of pervasive surveillance. The outcome of this trial could set important precedents for how technology is regulated and how individuals’ rights are defended against invasive surveillance tools. 


#WeAreManushyan ♾️Equal Human Beings


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1 Comment

lekor adams
lekor adams
Sep 30

The three-year legal battle involving Pai Jatupat and the Pegasus spyware illustrates the significant concerns surrounding digital privacy and government surveillance. Jatupat's experience highlights the vulnerabilities individuals face in a world where advanced technology can be used to infringe on personal rights. This case not only raises questions about the ethics of surveillance but also underscores the need for robust legal protections for citizens. Similarly, in the business world, companies like Metro Sales are dedicated to providing the highest quality office equipment that prioritizes security and efficiency. By ensuring that organizations have the right tools, Metro Sales helps protect sensitive information and fosters trust in the workplace.

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