On June 5, 2025, the amended Organic Act on Anti-Corruption (No.2) B.E. 2568 (2025) was enacted. This legislation, which took immediate effect, substantially enhances the legal protections afforded to individuals who report acts of corruption. For all companies operating within the Kingdom of Thailand, understanding these changes is essential for maintaining robust legal compliance and corporate governance.
Background and Rationale for the Legislative Reform
Corruption remains a pervasive challenge with profound social and economic implications for Thailand. As noted in reports from international observers such as Transparency International, the perception of corruption remains a significant hurdle to social and commercial development. A primary obstacle to combating this issue has been the legitimate fear among potential whistleblowers of facing severe retaliation. Such retaliation has historically included wrongful termination, demotion, harassment, or even civil and criminal lawsuits, such as those for defamation, initiated by the individuals who are the subjects of their reports. The recent amendment, as reported in the Bangkok Post recently, is a direct response to this barrier. Its fundamental purpose is to foster a more transparent environment by legally ensuring that individuals who report corruption in good faith are shielded from reprisal, thereby encouraging more disclosures and supporting the nation’s broader anti-corruption objectives.
Key Provisions of the Amended Act
The cornerstone of this amendment is the introduction of Article 132 of the Organic Act on Anti-Corruption (No.2) B.E. 2568 (2025), which establishes a comprehensive framework for whistleblower protection.
The article grants the National Anti-Corruption Commission (NACC) the authority to provide formal immunity to bona fide whistleblowers. Upon a resolution from the NACC, an individual who, in good faith and without personal malice and in the public interest, provides information to a competent authority is explicitly exempt from criminal, civil, and disciplinary liability. It is important to note that while immunity from criminal and civil liability extends to all citizens, both in the public and private sectors, the exemption from disciplinary liability pertains specifically to public officials.
Furthermore, the amendment introduces a powerful mechanism to deter retaliatory lawsuits. Pursuant to Article 132/1 of the Organic Act on Anti-Corruption (No.2) B.E. 2568 (2025), In instances where a legal action is pursued against a whistleblower, the NACC is empowered to issue an official opinion to the relevant investigatory or judicial bodies, such as the police, public prosecutors, or courts, stating that the individual is not guilty. This opinion must be given due consideration during any subsequent investigation or legal proceeding, creating a substantial procedural hurdle for those seeking to use the justice system for retaliation.
The NACC’s role has also been reinforced with broader protective mandates. The Commission may now request that any government agency, including the police and courts, provide necessary protection to a whistleblower. It is also authorized to offer comprehensive legal assistance, which includes assigning legal counsel and covering associated litigation costs. For whistleblowers within public organizations, the NACC can issue orders mandating the remediation of any disadvantages suffered, such as reinstatement after a wrongful dismissal, as provided under Article 132/2 of the Organic Act on Anti-Corruption (No.2) B.E. 2568 (2025).
Implications for all Companies in Thailand and Necessary Compliance Measures
For the private sector, this legislative shift creates a new operational reality. Employees, contractors, and other business partners now operate within a far safer environment for reporting corporate misconduct, such as bribery or embezzlement, directly to external authorities like the NACC. This significantly increases the likelihood that internal malfeasance will be exposed and investigated by external bodies, potentially leading to severe legal and reputational consequences for the involved companies.
While the Organic Act on Anti-Corruption itself does not directly impose obligations on private companies to mirror the NACC’s protective measures for internal reports, the practical effect of the law makes a compelling case for corporate action. A proactive and strategic approach to internal compliance is now the most effective risk mitigation strategy.
Companies are strongly advised to review and strengthen their internal whistleblowing policies and procedures. The objective is to create a trusted, internal first-resort mechanism that employees prefer over immediate external reporting. This involves ensuring the absolute independence and confidentiality of internal reporting channels, such as through dedicated hotlines managed by third-party providers or a specialized internal audit committee. Furthermore, internal regulations must be unequivocally updated to explicitly prohibit any form of retaliation against whistleblowers, and this policy must be rigorously enforced to build trust. The processes for investigating reports must also be conducted with demonstrable fairness and transparency.
A thorough re-examination of the company’s entire compliance structure is also prudent. This includes verifying that all internal policies, codes of conduct, and procedures for preventing bribery and corruption are not only in place but also fully aligned with current legal requirements and international best practices. Finally, comprehensive awareness and education programs for all employees are crucial. Training should communicate the contents of this new amendment, the company’s unwavering commitment to ethical practices, and the details of its internal reporting mechanisms.
Conclusion
The amended Organic Act on Anti-Corruption represents a necessary change to Thailand’s legal framework, significantly altering the compliance environment for businesses. Rather than seeing these changes solely as an escalation of risk, forward-thinking companies will recognize them as an opportunity. By embracing this new standard of transparency and proactively fortifying their internal governance and whistleblower protocols, companies can not only ensure compliance but also enhance their operational integrity, foster a culture of ethics, and solidify their reputation as responsible corporate citizens in the Thai market.
Leading our corporate governance practice is Dr. Paul Crosio, a seasoned management expert with extensive experience in advising multinational and local companies on compliance, anti-corruption, and corporate governance frameworks. Paul has a deep understanding of Thailand’s legal and regulatory environment, coupled with international best practices, enabling him to advise on effective compliance programs that mitigate risks and align with global standards. His expertise includes working with a variety of different multinational corporations as Corporate Counsel or Chief Financial Officer as well as being appointed as Board Member and Executive Chairman for a number of listed corporations.
Formichella & Sritawat offers end-to-end support, from reviewing and strengthening internal whistleblowing systems to conducting compliance audits and providing strategic counsel on governance matters. With Paul Crosio’s leadership and our team’s commitment to excellence, Formichella & Sritawat is your trusted partner in compliance, safeguarding your business, and reinforcing your reputation as a responsible corporate citizen in Thailand.
For expert guidance on aligning your business with Thailand’s anti-corruption laws and enhancing your corporate governance framework, contact Formichella & Sritawat today using the form below or via email at [email protected].
References:
Bangkok Post. (2025, June 6). “New Whistleblower Law Comes into Force.”it’s about resilience, respect, and building a future in a country that he has come to call home.
Organic Act on Anti-Corruption (No.2) B.E. 2568 (2025).
Transparency International. (2024). Corruption Perceptions Index.
