Lèse majesté in Thailand

In Thailand, lèse majesté (insulting the monarch) is criminalized by Section 112 of the Thai Criminal Code. It is illegal to defame, insult, or threaten the king, queen, heir-apparent, heir-presumptive, or regent. Modern Thai lèse-majesté law has been on the statute books since 1908, "insult" was criminalized and lèse majesté was made a crime against national security in 1957. The punishment, last strengthened in 1976 and the only constitutional monarchy to do so since World War II, is three to fifteen years of imprisonment per count and has been described as the "world's harshest lèse majesté law"[1] and "possibly the strictest criminal-defamation law anywhere".[2] According to social scientist Michael Connors, its enforcement "has been in the interest of the palace."[3]:134

Order of the Prime Minister Field Marshal Sarit Thanarat in 1961 to summarily execute two persons on charge of lèse majesté.

There is substantial room for interpretation of the term "insult" which causes controversy. Broad interpretation of the law reflects the inviolable status of the King, resembling feudal or absolute monarchs. The Supreme Court decided that the law also applies to any previous monarchs. Criticism of any privy council member has also raised the question of whether lèse majesté applies by association. Even "attempting" to commit lèse majesté, making sarcastic comment about the King's pet, and failure to rebuke an offense have been prosecuted for lèse majesté.

Lèse-majesté complaints can be filed by any person against anyone else, and they must always be formally investigated.[4] Details of the charges are rarely made public. A Section 112 defendant almost always meets with official obstructions throughout the case, especially when asking for a provisional release.[5] There are months-long pretrial detentions, and the charged detainees are routinely denied bail. The United Nations Working Group on Arbitrary Detention determined that the pretrial detention of an alleged lèse-majesté offender violated international human rights law.[6] The courts seem not to recognise the principle of granting the benefit of the doubt to defendants. Judges have said that accusers did not have to prove the factuality of the alleged lèse-majesté material, but only to claim it is defaming in any way. Pleading guilty then ask for royal pardon is seen as the quickest route to freedom.

Coup makers, since the coup in 1976, have regularly cited a surge of alleged lèse-majesté as a prerequisite for overthrowing an elected government. The 2006 coup, when lèse-majesté was cited as one of the major reasons for the coup, was marked with a surge of lèse-majesté cases.[7] The number of cases surged after the 2006 coup, and especially after the 2014 Thai coup d'état.[7] Around 2006 and 2007, there was a notable changes in trend when the targeted include more common people and jail sentence were longer. Right groups condemned its use as a poliical weapon and means to restrict freedom. The junta granted authority to army courts to prosecute lèse-majesté. In most cases, convictions result in harsh sentences. The longest recorded sentence was 60 years imprisonment, reduced to half because the defendant pleaded guilty.[8][9] Secret trials and harsh punishments have also been used. Since 2018, there have been no known new cases, but the authority invokes other laws instead such as Computer Crime Act and sedition law, as well as other ways of intimidation.

Scope of the law
"Article 112 of the Criminal Code is a legislation which boost Article 8 of the Constitution[lower-alpha 1] into practical implementation, so there is no ground to claim it violates or is inconsistent with Article 8 of the Constitution."[10]:20 — A Constitutional Court decision in 2012.
Comparison of lèse majesté laws[11]:115
CountryMax. jail term (years)
 Denmark1
 Spain2
 Morocco3
 Netherlands,  Norway5
 Sweden6
 Thailand15

Section 112 of Thai Criminal Code currently reads as follows:

"Whoever defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to fifteen years."

As lèse-majesté is listed as one of the offences relating to the security of the kingdom, according to Section 7 of the Thai Criminal Code, even alleged offences committed outside the kingdom can be punished within Thailand.

Even if some Western democratic countries seem to have severe jail punishment, it is not necessary controversial if rarely used.[11]:119

The law covers more than just defamation ("defames, threatens"). Since 1957, the word "insult" can be interpreted as any disrespect to the monarchy and symbols associated with it. It is the broad interpretation which causes controversy until today. Judges and legal scholars seem to hold that the monarchy is above any criticism. Since 1976, also banned was criticism of any member of the royal family, royal development projects, the institution of royalty, the Chakri Dynasty, or any previous Thai king. These harsher provisions have been retained to the present day.[12]

In 2007, controversy arose over whether criticism of members of then King Bhumibol's privy council also constituted criticism of Bhumibol.[13] Police Special Branch Commander Lt Gen Theeradech Rodpho-thong who refused to file charges of lèse-majesté against activists who launched a petition to oust Privy Council President Prem Tinsulanonda,[14] was demoted two days later by Police Commander Seripisut Temiyavet.[15]

The Supreme Court of Thailand decided in 2013 that the law also applies to any previous monarchs, broadening the law.

In a Kafkaesque twist, even calls to reform lèse-majesté laws have, themselves, resulted in charges of lèse-majesté.[16]

In 2013, a man was found guilty of "preparing and attempting" to commit an act of lèse-majesté. He had images and captions deemed lese majeste in his electronic device—which, his accusers said, potentially could have been spread online. He was found guilty despite the law providing that mere preparation of the act is not a legal offence.[17]

In 2016, a singer and activist, in addition to his prison sentence for defaming the monarchy, was ordered to write a song promoting "national reconciliation" after completing his sentence. The court order to write a song is beyond the Criminal Code.[18]

Due to uncertain and unpredictable nature of the offense, defendants often did not contest on the statement, and often pleaged guilty.[10]:43 It also leads to self-censorship and vigilantes.[10]:43–4

In 2013, a person filed lèse-majesté charges against his brother, showing how easily the lèse-majesté law can be misused and that the law has now become a potential weapon in family feuds. Often the police, courts, and prosecutors are afraid they will be accused of disloyalty to the monarch if they fail to prosecute allegations of lèse-majesté.[6] There are cyberbullying cases where fake accounts were created and lèse majesté material was posted to create misunderstanding that the person actually committed a crime.[19] There has never been a case where a royalty in question filed his or her own case.

Details of the charges are rarely made public for fear of compounding the offence by repeating the original words deemed to have been insulting.

Article 14 of the Computer Crimes Act BE 2550 (2007), which broadly bars the circulation through computer systems of information and material deemed detrimental to national security, has also been used to prosecute cases of lèse-majesté.[20]

There have been duration when lèse majesté cases are transferred to court-martial, most recently during National Council for Peace and Order regime after the 2014 coup. There are differences of court-martial decisions compared to civilian court ones, including protection of any previous monarchs, alleged counts are considered separately making the punishment twice as harsh, and restriction of right to bail in war time.[21]

Detainees are seen barefoot and shackled at the ankles when brought to court,[22] The courts sometimes use videoconferencing systems for court proceedings, so that defendants do not have to be physically present in the court. Two detainees have died in military custody. One hanged himself, and the other died of a blood infection, according to his autopsy.[23]

Judges have also said the accuser did not necessarily have to prove the information was factual "because if it is true, it is more defamatory, and if it isn't true, then it's super-defamatory."[24] As to why the Criminal Court did not grant the benefit of the doubt to the defendant in the case of Ampon Tangnoppakul, Court of Justice spokesperson Sitthisak Wanachaikit replied:

"When the public prosecutor who institutes the proceedings can exercise his burden of proof to the extent of bringing to light the evil intent of the defendant...the defendant needs to be punished according to the gravity of the case."[25]

Peter Leyland, a professor of SOAS, University of London and Emeritus of London Metropolitan University, explained:

"it [the lese majeste offence] can be committed entirely without criminal intent. There is no need for the prosecuting authorities to bring any evidence to bear relating to foresight on the part of the defendant with regard to the fact of the statement or conduct. [...] The police, prosecuting authorities and judges not only act in the name of the King, but there is an expectation that their loyalty to the Crown will be reflected in an outcome that confirms the dignity of the King at the expense of the accused."[11]:130

Procedures of the courts are lengthy, and the defendants often pleading guilty as the quickest route to freedom.[26] Court decisions are often overturned in the higher courts, thus lengthen the proceedings.[26] Civilian courts often handed 5 years imprisonment sentence per count, while military courts often handed 10 years per count.[27] One commented that it was the king's generosity and sense of fair play that led him to grant pardons for lèse-majesté convictions.[28]

Social context and impact
See also: Sovereign immunity
The late King Bhumibol Adulyadej was accorded an almost divine reverence,[29] which still holds true today.

King Rama VI interpreted that insults to the King are also insults to his power source: the people. And every subject was also insulted.[10]:26–7

David Streckfuss, a scholar on Thai human rights and politics, commented that lèse majesté is one factor defining neo-absolutism in Thailand.[11]:110 Lèse majesté is used in less democratic monarchies to protected the system of power.[11]:113 Thai mainstream media has supported the use of the law, and avoid covering it.[11]:117 It also does not discuss the role of the monarchy in the politics, thus created a distorted view.[11]:117 Lese majeste and communism once was the definition of the ultimate traitors, but with the decline of communism, lèse majesté began to define a new kind of traitors.[11]:127

Michael Kelly Connors, a professor in social science from University of Nottingham, wrote that the king had dual position: an agent of political and economic interests and the soul of the nation of glaring disparity between social classes, and thus required controlled imagery. The stage-managed role of the monarch, the compulsory respect shown to the institution, and the pressure of social conformity left many people with a taste of bitterness which few felt confident to express. Thai elites feared that Thai monarchy will be subjected to mockery once it was open to scrutiny, just like the British monarchy.[3]:133–4

Lèse majesté remains the most potent political charge in Thailand. The charges went up in times of political upheaval.[30]:2 Human rights groups say the lèse-majesté laws have been used as a political weapon to stifle free speech.[4] Political scientist Giles Ungpakorn noted that "the lèse-majesté laws are not really designed to protect the institution of the monarchy. In the past, the laws have been used to protect governments and to shield military coups from lawful criticism. This whole [royal] image is created to bolster a conservative elite well beyond the walls of the palace."[31] However, Connors argued that while some have used it as a political weapon, it has always been in the interests of the palace.[3]:134

History

Origin and early developments

In the feudal era, the monarchs were protect as many kinds of "violation", which also includes royal officials, royal symbols, and wrongdoings in the palace.[10]:23–24 It could be consider that crimes against royal symbols greatly affected social structure of the Sakdina era.[10]:24–5

The oldest version of lèse majesté law was in the modern defamation law in general in 1900, set out to protect the monarch's reputation.[30]:3 It made acts against the King also acts against the state.[30]:3

In Siamese modern criminal code of 1908 separated the King and the state. It penealized persons who displayed malice or were defamatory to the King, the Queen Consort, the Heir-apparent, or Regent to imprisonment of not exceeding 7 years or fine of not more than 5,000 bath, or both.[30]:3 Other sections provided protection from displays of malice or defamation of "the princes or princesses from whichever reign,"[30]:3 or "create disloyalty or to insult the king," and "cause the people to transgress the royal laws."[30]:3–4

As the print media was becoming widespread, the criminal code was strengthened in 1928 to penalized crimes of "advocates or teaches any political or economic doctrine or system, intended or calculated to bring into hatred or contempt the Sovereign."[30]:4

Lèse majesté law did not change significantly after 1932 Siamese Revolution, because Khana Ratsadon compromised and also added inviolable status of the King in the Constitution which lasted to the present day.[10]:28 However, the law included an exclusion clause for "an expression of good faith or amount to a critical and unbiased comment on governmental or administrative acts..."[30]:4 During that time, discussion about the monarchy was still free, including the notion of "Should Thailand be a constitutional monarchy?" in 1949, and a legal scholar lecture which said the King should not give opinion on economic, political and social problems with no countersign in 1956.[10]:30

1957 changes: "insult"
"... it might not be true, and even if it were true, [it] should not be publicized as there is no legislation that allow it. And regarding the institution of the monarchy, it should be revered by the people, in the inviolable status, always above any criticism."[10]:38–9 — A Court decision in 1986, ruling that a gossip could be lèse majesté even if it were true.

On 1 January 1957, the criminal code of 1956 went into force,[30]:18 and lèse majesté since then forbid "insult", in addition to existing crimes of threats or defamation. The change broadly expanded the applicability of the law.[30]:6 Lèse majesté was also changed from an offense against the monarchy to an offense against national security,[3]:133 removing the right to express opinions which might insulting to the monarchy if said within the spirit of the constitution.[30]:6

Court decisions shortly after the change still brought context into consideration. In December 1957, a case against a politician was dismissed due to being a political campaign season.[10]:32–3

The penalty for lèse-majesté was toughened from a maximum of seven years imprisonment to three to fifteen years per count used today by the order of the military junta of 1976. Except World War II Empire of Japan, Thailand is the only constitutional monarchy which had done so in the 20th century.[11]:115–116

Around 1977–1986 when royal power based grew among the urban middle class, the "kinship" and "bond" relationship was created between the people and the King and as well as modern "inviolable" status.[10]:37–8 Since then, court decisions and legal scholars' comments interpreted lese majeste law as the King could not be criticized in any way.[10]:38–9

Examples of "insulting" cases include a politician who served four year imprisonment for suggesting that life would have been easier had he been born in the palace in 1988,[3]:134 and a man in 1976 who was arrested on charges of lèse-majesté for using a royal village scout scarf to wipe a table.[3]:134 Acts deemed insulting to royal images include placing photographs of anybody on a website above ones of the king.[32] In March 2007, Oliver Jufer, a Swiss man, was sentenced to 10 years in jail for daubing black paint on portraits of Bhumibol while drunk in Chiang Mai,[33][34] although he received a royal pardon the following month.[35]

Political crisis: A political weapon and ailing King
Lèse majesté cases filed in Thailand, 2007–17[36]
YearNo. of case
200736
200855
2009104
201065
201137
201225
201357
201499
2015116
2016101
2017 (9 mo.)45

Between 1990 and 2005, there were an average of five new cases per year. Since then, however, there have been at least 400 cases - an estimated 1,500 percent increase.[37] Prior to the 2006 coup, targets of lese majeste were mostly politicians, high-ranking bureaucrats and extra-constitutional figures. But after 2007, a common people were included.[11]:124 The law was interpreted to cover past monarchs and symbols associated with the monarch. There have never been anyone who were sentenced to more than ten years jail before 2007.[10]:40–1 Observers attributed the increasing number of lèse-majesté cases in recent years to King Bhumibol's public invitation of criticism in 2005, increased polarization following the 2006 military coup, and to speculation over his declining health in the period before his death in 2016.[37]

In 2005, the case registered in the Atterney General's office rose sharply from 12 new cases in 2000–2004 to 17 in that year alone.[30]:17 Thai Rak Thai and Democrat Party as well as opposition movement People's Alliance for Democracy traded lese majeste accusations.[11]:124 Former Prime Minister Thaksin Shinawatra's alleged lèse-majesté was one of the stated reasons for the Thai military's 2006 coup.[12][38][39][40] After the coup, dozens of radio stations were shut down due to alleged lèse majesté.[41]

Academics have been investigated, imprisoned, and forced into exile over accusations of lèse-majesté. Prominent historian Somsak Jeamteerasakul was arrested for proposing an eight-point plan on the reform of the monarchy.[42][43][44] Professor Giles Ji Ungpakorn went into exile in 2007 after his book, A Coup for the Rich, questioned Bhumibol's role in the 2006 coup.[45] In March 2011, Worachet Pakeerat, a law lecturer, banded together with same-minded lecturers and formed the "Nitirat group", aiming to amend the lèse majesté law. He proposed reducing the maximum jail term to three years, a circumstance for pardoning, and that only the Office of His Majesty's Principal Private Secretary can file a complaint. His action angered many people, and in February 2012, he was assaulted in broad daylight in Bangkok.[46]

During the government of Yingluck Shinawatra, the number of arrests and convictions for lèse-majesté offences significantly declined.[6] However, she said she would not seek to reform the law.[47] There were 478 cases in 2010.[48]

A banner in Bangkok informs that using social media to "like" or "share" a picture or article could land them in prison. The banner asks people to "join together to protect the monarchy".

In May 2014, the National Council for Peace and Order (NCPO), the military junta, granted authority to a military tribunal to prosecute lèse-majesté in Thailand.[49] Military courts routinely imposed harsher sentences than civilian courts would. In August 2015, the Bangkok Military Court sentenced Pongsak Sriboonpeng to 60 years in prison for his six Facebook postings (later reduced to 30 years, when he pleaded guilty). This was Thailand's longest recorded sentence for lèse-majesté.[50][51] The courts were dubbed "kangaroo courts."[22] The military government has never successfully extradited someone living abroad.[52]

iLaw, a Thai non-profit organization, reported that the junta hold persons in custody for seven days without charges. Secret trials were used. The officials seized personal communication devices to search for incriminating evidence.[53]

In December 2014, the parents of Srirasmi Suwadee, formerly a Thai princess, were sentenced for “insulting the royal family and lodging a malicious claim.”[54]

In 2015, Prachatai published an infographic showing that bathroom graffiti, a hand gesture, a hearsay report of a taxi conversation, and not standing during the playing of the royal anthem, among other things, could be punished as acts of lèse-majesté.[55] A nurse wearing black on Bhumibol Adulyadej's birthday was charged with lèse majesté.[56]

The last formal attempt to amend the law occurred in May 2012 when more than 10,000 people signed a petition to the Parliament, but the then Speaker of the House of Representatives, Somsak Kiatsuranont, dismissed it citing that amendment of the law concerning the monarchy was not a constitutional rights.[57]

Tenth Reign : New trend
Missing poster of Wanchalearm Satsaksit, alleged lèse majesté offender, who was disappeared in Cambodia in June 2020. It is speculated that his accusation is the motive.

In December 2016, Jatupat “Pai” Boonpattararaksa, a rights group member, was accused of lèse majesté for sharing a BBC Thai biography of Thailand's new king, Vajiralongkorn. He was the only person to be arrested even though more than 2,600 people also shared the story, as well as the publisher BBC Thai who did not face prosecution.[58] In May 2017, the military junta stated that merely viewing material considered lèse-majesté would be a violation of the law.[59] As of November 2018, at least 127 persons have been charged with lèse majesté since the latest coup.[60]

In 2017, there was a case of a 14-year-old who was accused of lèse majesté for burning down a royal decoration arch in Khon Kaen. It was the first prosecution against a minor.[61] A lawyer who did not accept legal proceeding claiming that the court act in the name of the King, thus impartial and unjust.[61] There were several low-profile instances where the authority did not prosecute, but use other intimidation methods instead, such as hold in military custody for seven days, checked for communication devices, asked to unfollow a Facebook page, or asked to speak to a video camera expressing loyalty to the monarch.[61]

As of November 2017, a total of 38 of these cases, 34.2 percent, were in the military court system.[62]

According to non-profit organization Thai Lawyers for Human Rights, since 2018 there has been no new known lèse majesté cases. The Attorney General's directive dated 21 February 2018, issued a new guideline for prosecution. Now only Attorney General can file a lèse majesté case. And in June 2018, there was a new regulation which allow public persecutors to decide against prosecuting cases that did not serve public interest.[63] Unprecedented moves were seen, such as dismissing lèse majesté cases even though the defendants pleaded guilty, and captives had received bail in certain cases.[63] However, the authority now favor invoking other law instead, such as Computer Crime Act and sedition law.[63] On June 15, 2020, Thai Prime Minister and former 2014 Thai coup d'état leader Prayut Chan-o-cha confirmed this stance, stating that King Vajiralongkorn had called for no further use of Section 112.[64]

After the forced disappearance of Wanchalearm Satsaksit, alleged lèse majesté offender, in June 2020, #ยกเลิก112 (cancel 112) was trended first in Thai Twitter with more than 500,000 retweets, as netizen believed his accusation was the motive.[65]

Statistics
Statistics of lèse majesté cases in Thailand[30]:17
YearNew casesConviction
1984–19893015/19 (78.95%)
1990–19942618/19 (94.74%)
1995–19993221/23 (91.30%)
2000–20052915/16 (93.75%)

Notable cases
Date Person(s) Notes about person(s) Description of the crime and legal proceedings
1995 Lech Tomasz Kisielewicz French national of Polish descent Made an insulting remark about a Thai princess aboard a Thai Airways flight. He was jailed under lèse majesté for two weeks after his flight landed in Bangkok.[66]
May 2008 Jonathan Head BBC correspondent and FCCT vice-president Accused of lèse majesté three times:
  1. authoring articles that referred to alleged support for the People's Alliance for Democracy (PAD) by members of the royal family,
  2. writing that Crown Prince Vajiralongkorn might find it difficult to "fill his father's shoes", and
  3. allowing a picture of a politician to be placed above a picture of Bhumibol on a BBC web page.[67][68]

He was not deported, but left Thailand at the end of his three-year BBC assignment.

Sep 2008 Harry Nicolaides[69] From Melbourne, Australia Wrote an offending passage in his self-published book Verisimilitude. The book, which sold a mere seven copies, mentioned the "romantic entanglements and intrigues" of royalty.[70] He was arrested upon arriving at Bangkok's international airport[71] and charged with lèse majesté. After pleading guilty, he was sentenced to three years in jail[72] but then pardoned by the king after spending a month in jail, released, and deported.[73]
Apr 2009 Daranee "Da Torpedo" Chanchoengsilpakul UDD activist Initially sentenced to 18 years in prison (six years for each three comments she made) without suspension for "intending to insult" Bhumibol and Sirikit at a political protest.[74] She did not actually mention the monarchs in her speech (she said the "ruling class"), however, the court ruled that the prosecution "brought evidence that makes it possible to interpret that the defendant meant the King and Queen Sirikit."[75] In 2011 the appeals court voided the sentence given by the criminal court. A retrial sentenced her to 15 years, five years per each offence, in prison.[76] On 27 August 2016, Darunee was released after requesting a royal pardon and serving more than eight years in prison.[77]
Apr 2010 Wipas Raksakulthai Thai businessman A post to his Facebook account allegedly insulting Bhumibol.[78] The arrest was reportedly the first lèse majesté charge against a Thai Facebook user.[79] In response, Amnesty International named Wipas Thailand's first prisoner of conscience in nearly three decades.[80]
May 2011 Joe Gordon American freedom of expression activist, born in Thailand as Lerpong Wichaikhammat Posted a link on his blog to a banned book about the ailing King Bhumibol. Also was reportedly suspected of translating, from English into Thai, portions of The King Never Smiles, an unauthorized biography of King Bhumibol Adulyadej, and posting them online, along with articles he wrote that allegedly defamed the royal family.[81][82]

"I want President Obama and Hillary Clinton to intervene on my behalf," he is quoted.[83] After being denied bail eight times, a shackled–and–handcuffed Gordon said in court on 10 October, "I'm not fighting in the case. I'm pleading guilty, sirs."[84] On 8 December 2011 a court in Thailand sentenced him to two and a half years in prison (halved from five years due to pleading guilty).[85] On 10 July 2012, Gordon received a pardon from the king and was released from jail.[86]

Mar 2012 Akachai Hongkangwan Sold VCDs containing a segment of the Australian Broadcasting Corporation Foreign Correspondent series.[87] Australian foreign correspondent Eric Campbell and ABC's entire Bangkok bureau had been banned from entering Thailand after they aired an investigation of Bhumibol's role in the military's violent 2010 crackdown on protesters.
May 2012 "Uncle SMS" Real name Ampon Tangnoppakul — Thai: อำพล ตั้งนพกุล — known familiarly as "Ah Kong" "อากง" Accused of sending four short message service (SMS) messages from his cell phones. The messages were deemed offensive to the King and Queen of Thailand. He was denied bail on eight occasions[88] and died from liver cancer in a prison hospital at the age of 61 while serving a 20–year prison sentence.[89][90] Amnesty International named Ampon Tangnoppakul a prisoner of conscience[91] in 2011.
Jan 2013 Somyot Prueksakasemsuk Magazine editor and activist Sentenced to ten years in prison, convicted of publishing two articles under a pseudonym that made negative references to the crown in his now-defunct magazine Voice of Taksin.[92] Amnesty International has designated Somyot Prueksakasemsuk a prisoner of conscience.
Sep 2013 Yuthapoom Martnok Accused of lèse majesté by his brother, and "has been jailed for a year in a Bangkok prison" while waiting for a court ruling, according to a Bangkok Post article.[93] He was acquitted and released one day after the article ran.[94]
Oct 2013 Sondhi Limthongkul Founder of the People's Alliance for Democracy (PAD) Quoted remarks made by an opponent protesting the 2008 resumption of PAD protests.[95] The appeals court in so doing reversed a lower court acquittal (Thailand has no bar to double jeopardy) handed down on 26 September 2012. The lèse majesté had resulted from Sondhi's having quoted remarks made by Daranee Chanchoengsilpakul.[96] Sondhi's 2012 acquittal upheld prosecution for whatever words Sondhi had quoted, but for much less than "18 years in prison without suspension." Sondhi was sentenced to two years imprisonment, then released after posting 500,000 baht (US$15,935) in bail.
2014 Nithiwat Wannasiri Musician Member and lead singer of the punk rock group Faiyen, which became known for writing and performing songs that mocked the lèse majesté law as well as corrupt officials and the elites.[97] Following the 2014 Thai coup d'état Wannasiri was accused of lèse majesté and subsequently charged under article 112.[98] He was forced into exile and continues to campaign against lèse majesté.[99]
Aug 2014 Jaran Ditapichai Academic, political activist and former human rights commissioner The three were accused of defaming the king because of their role in a political play performed during the 40th anniversary of the 14 October 1973 student uprising in October 2013. Jaran Ditapichai was charged because he was the head organizer of the event where the play, "The Wolf Pride", was performed.[100][101][102]

Pornthip Munkong was charged because she performed in the play and Patiwat Saraiyaem was charged for staging the play. The UN Working Group on Arbitrary Detention (UNWGAD) declared their detention arbitrary and against provisions which guarantee the fundamental right to liberty, the right to a fair trial, and the right to freedom of opinion and expression.[103] On 23 February 2015, Pornthip Munkong and Patiwat Saraiyaem received a sentence of 2 years and 6 months each.[104] They were released from prison in August 2016.[105][106]

Jaran Ditapichai remains in exile in France where the government of France has granted him a political refugee status.[107]

Pornthip "Golf Prakai Fai" Munkong Activist
Patiwat Saraiyaem Khon Kaen University student
2014 Somsak Jeamteerasakul Academic Somsak Jeamteerasakul was a former history lecturer at Thammasat University known for his criticism of the Thai monarchy and the lèse majesté law. He was a critic of the 2014 military coup and was accused of being "a mentally ill academic [who] is intent on overthrowing the institution," by the leader of the junta Prayut Chan-o-cha.[108] He avoided arrest by going into hiding and later escaping to France where he was granted political asylum.[109] In April 2017 the Thai authorities declared it illegal to communicate or exchange information with Somsak Jeamteerasakul on the internet.[110]
Dec 2014 Nopporn Suppipat Thai Businessman Nopporn Suppipat is founder and former CEO of Wind Energy Holding and in 2014 was listed 31st on Forbes Asia's ranking of Thailand's 50 Richest with a net worth of US$800 million.[111][112] After the May 2014 coup he was accused of lèse majesté during a corruption investigation into family members of Princess Srirasmi Suwadee.[113] Supippat fled to France and was granted political asylum.[114]
Dec 2015 Thanakorn Siripaiboon Thai factory worker Faces multiple charges including that of insulting the king's adopted dog Tongdaeng. He was detained on 8 December 2015 and kept in an undisclosed location prompting fears of his forced disappearance.[115] Thai military junta did not detail the precise insult made towards the animal. He faces up to 37 years in prison.[116] He was granted bail on 8 March 2016; the bail was set at half a million baht.
May 2016 Patnaree Chankij Mother of a prominent pro-democracy activist Charged with lèse majesté for failing to criticize or take action on personal Facebook messages that were sent to her account by her son's friend Burin Intin.[117] According to a statement made by her lawyer, "[Police] Officers interpreted refusal to reprimand something is equal to agreeing with it".[118][119] On 8 May 2016 media said that Chankij was released on bail.[120]
Jun 2016 Thanat "Tom Dundee" Thanawatcharanon Singer Arrested in 2014 for a speech he made at a Red Shirt rally in 2013. After being detained for two years without bail, he was sentenced on 1 June 2016 to 7.5 years in prison.[121][122][123] A second sentencing on 11 July 2016 by a military court over another speech given in 2013 added three years and four months to his sentence. The two lèse majesté convictions total 10 years and 10 months imprisonment.[124][125] Thanat Thanawatcharanon is currently imprisoned in Bangkok, where he is scheduled to remain until April 2027.[126]
Dec 2016 Jatupat Boonpattararaksa (Pai Dao Din) Thai student and activist Political activist Jatupat Boonpattararaksa was arrested after sharing a profile of King Maha Vajiralongkorn, published by BBC Thai on this personal Facebook page.[127][128]
Apr 2017 Sulak Sivaraksa Academic Sulak was charged for his remark during an academic forum at Thammasat University in October 2014 doubting the existence of an elephant battle between King Naresuan of Ayutthaya and Crown Prince Mingyi Swa of Taungoo Burma in the 16th century.[129][130] In January 2018, it is revealed that military attorney decided not to sue him after he petitioned to the King, and he advised the government to drop the case.[131]
Jan 2018 Murhyatee Masoh Unemployed Thai-Malay Muslim from Yala Province Murhyatee, a blind woman, was found guilty of violating Article 112 of the constitution in two separate Facebook posts in October 2016. She used a voice-assisted application which reads text out loud. The woman, under arrest since November 2016, pleaded guilty. The source of the defamatory content which Murhyatee re-posted is unclear. "The court said they are sympathetic to her [because she's blind] but said the law is the law."[132]
Jan 2018 Chanoknan Ruamsap Pro-democracy activist On January 16, Chanoknan received a summons to a police station two days later, to answer to charges of lèse-majesté following a media article she shared on Facebook. She chose to leave the country rather than risk imprisonment.[133][134]
Dec 2018 Wanchaleom Jamneanphol YouTube personality Charged with lèse-majesté and computer crimes for describing online a dress designed by Princess Sirivannavari Nariratana as ugly. The dress was worn by the Thai contestant in the 2018 Miss Universe pageant held in Bangkok. The charges were levied by Thai millionaire and would-be politician, Kitjanut Chaiyosburana. He explained his action, saying, "I cannot accept that a well-known individual in the online world expressed negative opinions that affect the country's reputation,..." The princess is the only daughter of King Vajiralongkorn and his former consort, Sujarinee Vivacharawongse.[135]

Government measures

Internet censorship
Main article: Internet censorship in Thailand
Image displayed from Thailand's Ministry of Information and Communication Technology when accessing prohibited content, such as The Daily Mail, from Thailand in 2014.

The Office of Prevention and Suppression of Information Technology Crimes maintains a "war room" to monitor for pages which disparage the monarchy. A web crawler is used to search the internet. When an offending image or language is found, the office obtains a court order blocking the site. On 28 October 2008, The Ministry of Information and Communication Technology (MICT) announced plans to spend about 100–500 million baht to build a gateway to block websites with contents defaming the royal institution.[136]

In 2008, "more than 4,800 webpages ha[d] been blocked...because they contain[ed] content deemed insulting to Thailand's royal family".[137] In December 2010, nearly 60,000 websites have been banned for alleged insults against Bhumibol. In 2011, the number increased to 70,000.[138]

On 4 April 2007, the Thai government blocked Thai access to YouTube as a result of a video clip which it deemed insulting to the king.[139][140][141]

The website of Same Sky Books, publishers of Same Sky magazine, was shut down after comments on its bulletin board questioned mainstream media's claims that the entire country was in mourning over the death of Princess Galyani Vadhana.[142]

In December 2015, the court verdict against Chiranuch Premchaiporn, webmaster of the news website Prachatai, was upheld in the highest court: "an eight-month suspended jail sentence and a 20,000 baht fine".[143] Previously, she had been jailed without bail for nearly a year for not removing—in 2008[143]—an allegedly insulting comment from an article fast enough. Although the comments did not directly mention Bhumibol or members of his family, the court found that Chiranuch displayed insulting intent. Arrested in September 2010, she could face up to 50 years imprisonment if found guilty.[144][145][146]

In 2016, Facebook blocked users in Thailand from accessing a page satirizing Thailand's royal family, citing the lèse-majesté law. Around the same time, there was speculation that the junta was able to obtain private chat logs of Facebookers.[147]

Abuse of psychiatry
Main article: Political abuse of psychiatry § Thailand

On July 9, 2020, Tiwagorn Withiton, a Facebook user who went viral after posting a picture of himself wearing a t-shirt printed with the message “I lost faith in the monarchy” was forcibly detained by police officers and admitted to Rajanagarindra Psychiatric Hospital in Khon Kaen.[148] Tiwaporn is quoted as saying, “I well understand that it is political to have to make people think I’m insane. I won’t hold it against the officials if there is a diagnosis that I’m insane, because I take it that they have to follow orders."[149] He was discharged about two weeks later.

Opinion

Support

Bowarnsak Suwanno, Thai legal scholar, argued that countries limited free speech according to their cultural-legal circumstances.[11]:129 A Thai official said that the lèse majesté law is similar to libel law for commoners. Some abuse their rights by spreading hate speech or distorted information to incite hatred towards the monarchical institution. Those who were accused of lèse majesté had right to fair trial, due opportunity to contest the charges and assistance from lawyer, as well as the right to appeal.[150][lower-alpha 2]

An attorney said lèse majesté does not have any relation to democracy, and does not know why there is activism citing it.[151]

In May 2016, a Justice Minister remarked on "concerns raised by United Nations Security Council member countries during the Universal Periodic Review (UPR) in Geneva" on 11 May 2016: "that foreign countries would not understand why Thailand needs the lèse majesté law because they are not "civilised" nations with cultural refinement like ours."[152]

A judge in a lèse majesté case, which a man was sentenced to seven years and six months in prison, said he would have given a longer sentence, but was advised on the shorter term by the court's deputy president.[153]

Oppose

The lèse majesté law is described as "draconian".[154] Amnesty International considers anyone jailed for insulting Bhumibol to be a political prisoner, and if they had a peaceful expression and intent, a prisoner of conscience.[155]

Article 112 is typically deployed with politically expedient timing, rather than at the time of the supposed offense. Jakrapob Penkair, a former Minister to the Office of the Prime Minister, commented: "It’s not about your action; it’s about the timing. They wait until the moment when you seem most vulnerable."[22]

Sulak Sivaraksa said that he felt sad that most Thai intellectuals did not see any harm of this law and those people are just docile livestock.[156]

The United Nations Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, David Kaye, commenting on the detention of a Thai national who posted a link to a Thai language BBC profile of Thailand's new king, said, "Public figures, including those exercising the highest political authority, may be subject to criticism, and the fact that some forms of expression are considered to be insulting to a public figure is not sufficient to justify restrictions or penalties." Kaye went on to say that such laws "have no place in a democratic country" and called for Thailand to repeal them.[157]

In November 2015, Glyn T. Davies, the US ambassador to Thailand, gave a speech criticizing long prison sentences handed to those found guilty of lèse-majesté. He then was investigated.[158]

Activists against the law or seek to reform it include Mainueng Kor Kunatee (poet who was assassinated in 2014),[159] Somsak Jeamteerasakul, Giles Ji Ungpakorn,[160] Pavin Chachavalpongpun,[161] a former diplomat, an associate professor at the Kyoto University and a leader of a campaign to abolish Article 112 in Thai criminal code, The Nitirat group — an association of law lecturers who campaign for constitutional reform and a change of Thailand's lèse majesté law – includes Worachet Pakeerut, and Piyabutr Saengkanokkul, Sawatree Suksri, as another member of the Nitirat group.[162]

Satirical reaction

Not The Nation, an anonymous website[163] that satirizes a Thai newspaper, The Nation, satirized the media and public response paid to the case of Thai American Joe Gordon in contrast to that paid to the drug-related case of Australian Schapelle Corby and to the pardoning of Greek-Cypriot-Australian Harry Nicolaides.[164] NTN later satirized plea bargaining in the "Uncle SMS" case.[165] In December 2013, NTN circumvented the chilling effect of LMIT on discussion of succession with a discussion of the abdication of royal dog Thong Daeng.[166]

In July 2014, British comedian John Oliver described, at the time Crown Prince, Vajiralongkorn as a "buffoon" and showed the leaked video of Vajiralongkorn and his topless wife celebrating the birthday of the prince's poodle, Air Chief Marshal Foo Foo, in a satirical piece about monarchy in general on Last Week Tonight with John Oliver.[167] The Thai military government described Oliver as "undermining the royal institution", to which Oliver responded by saying "It seems my Thailand vacation is going to have to be postponed very much indefinitely. If I can bring down your monarchy, you have—at best—a wobbly monarchy."[168]

See also

Notes
  1. Reads: "the King shall be enthroned in a position of revered worship and shall not be violated. No person shall expose the King to any sort of accusation or action."
  2. These proceedings are lengthy, and the defendant rarely received bail. (See Legal proceedings section above.)

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    EMBASSY STATEMENT ON U.S. CITIZEN JOE GORDON

    The United States is disappointed by the prosecutor’s decision to file lese majeste charges against U.S. citizen Joe Gordon. We have discussed Mr. Gordon’s case extensively with Thai authorities, stressing at every possible opportunity his rights as an American citizen. We urge the Thai authorities to ensure freedom of expression is respected and that Mr. Gordon, a U.S. citizen, receives fair treatment.

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Literature
  • David Streckfuss (2011), Truth on Trial in Thailand: Defamation, Treason and Lèse-majesté, Routledge, ISBN 978-0-415-41425-8
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