On November 21, 2024, at 9.00 am. The Thai Civil Court will deliver a landmark verdict in the case of Jatupat Boonpattararaksa vs. NSO Group, the Israeli cyber-intelligence firm responsible for developing and distributing Pegasus spyware. Jatupat, also known as Pai Daodin, is a prominent human rights defender and a key leader in the democracy movement since the 2014 coup d’état. In July 2022, Citizen Lab confirmed that Jatupat was one of 35 individuals who were unlawfully targeted by Pegasus spyware. He was subjected to three attacks between June and July 2021 due to his human rights advocacy and peaceful protest activities.
In pursuit of justice, Jatupat and his legal team filed a lawsuit against NSO Group in the Thai Civil Court, accusing the company of misusing technology to steal information from his phone. He sued the court for an injunction ordering NSO group to stop using Pegasus and demanded 2.5 million Thai baht in compensation for the alleged violation.
Since 2017, NSO Group has faced many lawsuits across 12 countries related to the misuse of Pegasus spyware. The company often attempted to invoke state immunity to dismiss charges, causing significant delays in legal proceedings. However, in Jatupat’s case, unlike in other cases, NSO Group and its legal team did not use this defense in Thailand. As a result, Jatupat’s case is the first in the world where witnesses can be examined in court.
In September 2024, the Thai Civil Court scheduled witness examinations for both sides. The claimant’s argument is that NSO Group is fully aware of how its government customers use Pegasus spyware and is therefore responsible for any human rights violations resulting from its misuse. In contrast, NSO Group denies having access to its customers’ information, asserting that it can only investigate spyware usage remotely with the customer’s consent in cases of alleged misuse. During such investigations, NSO Group claims it can only view the audit log, which contains the phone number, but no other detailed information about their customer’s targets.
During the proceedings, NSO Group and its legal team attempted to silence the case by requesting a closed-door trial, but the court dismissed the request. Furthermore, they submitted their expert witness testimony just one day before the scheduled hearing, placing the claimant at a disadvantage in presenting the case.
Therefore, the verdict on November 21, 2024, is significant not only because it will be the first case against NSO Group in which the court will hand down its verdict, but also because it will reflect the Thai court’s stance on the misuse of spyware that violates the right to privacy.
