Lèse-majesté In Thailand
   HOME

TheInfoList



OR:

Lèse-majesté Lèse-majesté () or lese-majesty () is an offence against the dignity of a ruling head of state (traditionally a monarch but now more often a president) or the state itself. The English name for this crime is a borrowing from the French, w ...
in
Thailand Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is bo ...
is a crime according to Section 112 of the Thai Criminal Code. It is illegal to
defame Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
,
insult An insult is an expression or statement (or sometimes behavior) which is disrespectful or scornful. Insults may be intentional or accidental. An insult may be factual, but at the same time pejorative, such as the word "inbred". Jocular exc ...
, or threaten the
monarch of Thailand The monarchy of Thailand (whose monarch is referred to as the king of Thailand; th, พระมหากษัตริย์ไทย, or historically, king of Siam; th, พระมหากษัตริย์สยาม) refers to the c ...
(king, queen, heir-apparent, heir-presumptive, or
regent A regent (from Latin : ruling, governing) is a person appointed to govern a state '' pro tempore'' (Latin: 'for the time being') because the monarch is a minor, absent, incapacitated or unable to discharge the powers and duties of the monarchy ...
). Modern Thai lèse-majesté law has been on the statute books since 1908. Thailand is the only
constitutional monarchy A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
to have strengthened its lèse-majesté law since
World War II World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the vast majority of the world's countries—including all of the great powers—forming two opposin ...
. With penalties ranging from three to fifteen years imprisonment for each
count Count (feminine: countess) is a historical title of nobility in certain European countries, varying in relative status, generally of middling rank in the hierarchy of nobility. Pine, L. G. ''Titles: How the King Became His Majesty''. New York: ...
, it has been described as the "world's harshest lèse majesté law" and "possibly the strictest criminal-defamation law anywhere"; its enforcement "has been in the interest of the palace". The law has criminalised acts of insult since 1957. There is substantial room for interpretation, which causes controversy. Broad interpretation of the law reflects the
inviolable In religion and ethics, the inviolability of life, or sanctity of life, is a principle of implied protection regarding aspects of sentient life that are said to be holy, sacred, or otherwise of such value that they are not to be violated. This can ...
status of the king, resembling
feudal Feudalism, also known as the feudal system, was the combination of the legal, economic, military, cultural and political customs that flourished in Middle Ages, medieval Europe between the 9th and 15th centuries. Broadly defined, it was a wa ...
or
absolute monarchs Absolute monarchy (or Absolutism as a doctrine) is a form of monarchy in which the monarch rules in their own right or power. In an absolute monarchy, the king or queen is by no means limited and has absolute power, though a limited constitut ...
. Thailand's
Supreme Court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...
decided the law also applies to prior monarchs. Criticism of any privy council member has raised the question whether lèse-majesté applies by association. Even attempting to commit lèse-majesté, making sarcastic comments about the King's pet, and failure to rebuke an offense have been prosecuted as lèse-majesté. Anyone can file a lèse-majesté complaint, and the police formally investigate all of them. Details of the charges are rarely made public. A Section 112 defendant meets with official obstruction throughout the case. There are months-long pretrial detentions, and courts routinely deny
bail Bail is a set of pre-trial restrictions that are imposed on a suspect to ensure that they will not hamper the judicial process. Bail is the conditional release of a defendant with the promise to appear in court when required. In some countries ...
to those charged. The United Nations
Working Group on Arbitrary Detention The Working Group on Arbitrary Detention (WGAD) is a body of independent human rights experts that investigate cases of arbitrary arrest and detention. Arbitrary arrest and detention is the imprisonment or detainment of an individual, by a State, wi ...
determined that the pretrial detention of an alleged lèse-majesté offender violated
international human rights law International human rights law (IHRL) is the body of international law designed to promote human rights on social, regional, and domestic levels. As a form of international law, international human rights law are primarily made up of treaties, ag ...
. The courts seem not to recognise the principle of granting defendants the benefit of the doubt. Judges have said accusers did not have to prove the factuality of the alleged lèse-majesté material but only claim it is defamatory.
Pleading guilty ''Pleading Guilty'', published in 1993, is Scott Turow's third novel, and like the previous two it is set in fictional Kindle County Scott Frederick Turow (born April 12, 1949) is an American author and lawyer. Turow has written 13 fiction a ...
, then asking for a royal
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...
, is seen as the quickest route to freedom for any accused. Since a 1976 coup, coup makers have regularly cited a surge of alleged lèse-majesté charges as a reason for overthrowing elected governments. This was cited as one of the major reasons for the 2006 coup and that of
2014 File:2014 Events Collage.png, From top left, clockwise: Stocking up supplies and personal protective equipment (PPE) for the Western African Ebola virus epidemic; Citizens examining the ruins after the Chibok schoolgirls kidnapping; Bundles of wat ...
. In 2006 and 2007, there were notable changes in the trend. Those targeted by lèse-majesté complaints included more average citizens who were given longer jail sentences. Human rights groups condemned its use as a political weapon and a means to restrict freedom. The 2014 junta government granted authority to army courts to prosecute lèse-majesté, which has usually resulted in secret trials and harsh sentences. Prior to the law's revival in 2020, for three years the Thai government often invoked other laws, such as the Computer Crimes Act and
sedition Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, estab ...
laws, to deal with perceived damages and insults to the monarchy. The longest recorded sentence was in 2021: 87 years imprisonment, reduced to 43 years because the defendant pleaded guilty.


History


Origin and early developments

In the feudal era, monarchs, royal officials, royal symbols, and wrongdoings in the palace were protected from many kinds of "violation". Crimes against royal symbols greatly affected the social structure of the ''
sakdina ''Sakdina'' ( th, ศักดินา) was a system of social hierarchy in use from the Ayutthaya to early Rattanakosin periods of Thai history. It assigned a numerical rank to each person depending on their status, and served to determine their ...
'' era. The oldest version of lèse-majesté law was in the modern defamation law of 1900, enacted to protect the monarch's reputation. It made acts against the king acts against the state. The Siamese criminal code of 1908 separated the King and the state. It penalised persons who displayed malice or defamed the King, the Queen Consort, the Heir-apparent, or the Regent. Anyone doing so was subject to imprisonment not exceeding seven years or fines of not more than 5,000 baht, or both. Other sections provided protection from displays of malice or defamation of "the princes or princesses from whichever reign" or from those who "create disloyalty" or "insult the king", and "cause the people to transgress the royal laws". As the print media was becoming widespread, the criminal code was strengthened in 1928 to penalise crimes of "advocates or teachers of any political or economic doctrine or system, intended or calculated to bring into hatred or contempt the Sovereign". Lèse-majesté law did not change significantly after the 1932 Siamese Revolution, because the
Khana Ratsadon The People's Party, known in Thai as Khana Ratsadon ( th, คณะราษฎร, ), was a Siamese group of military and civil officers, and later a political party, which staged a bloodless revolution against King Prajadhipok's government a ...
compromised and added the inviolable status of the king in the Constitution continues to the present day. However, the law included an exclusion clause for "an expression of good faith" or "a critical and unbiased comment on governmental or administrative acts". During that time, discussion about the monarchy was still free. This allowed discussion over whether Thailand be a constitutional monarchy in 1949, and a 1956 lecture by a legal scholar which said the king should not express an opinion on economic, political and social problems with no countersign.


1957 changes: criminalisation of insult

On 1 January 1957, the criminal code of 1956 came into force. Since then, lèse-majesté forbade
insult An insult is an expression or statement (or sometimes behavior) which is disrespectful or scornful. Insults may be intentional or accidental. An insult may be factual, but at the same time pejorative, such as the word "inbred". Jocular exc ...
, in addition to the existing crimes of threats or defamation. The change broadly expanded the applicability of the law. Lèse-majesté was changed from an offense against the monarchy to an offense against national security, removing the right to express opinions which might be insulting to the monarchy if said within the spirit of the constitution. Thai Cold War dictator
Sarit Thanarat Field Marshal Sarit Thanarat (also spelt ''Dhanarajata''; th, สฤษดิ์ ธนะรัชต์, ; 16 June 1908 – 8 December 1963) was a Thai general who staged a coup in 1957, replacing Plaek Phibunsongkhram as Thailand's prime m ...
, who claimed national security, used lèse-majesté charges to suppress political opponents, leading to some executions. He also handed over lèse-majesté cases to courts-martial. Court decisions shortly after the change still took context into consideration. In December 1957, a case against a politician was dismissed because a political campaign was underway.


Change after the 6 October 1976 massacre

On 21 October 1976, two weeks after the
6 October 1976 massacre The 6 October 1976 massacre, or the 6 October event ( th, เหตุการณ์ 6 ตุลา ) as it is known in Thailand, was a violent crackdown by Thai police and lynching by right-wing paramilitaries and bystanders against leftist p ...
and the same day coup by the National Administrative Reform Council (NARC), led by Admiral
Sangad Chaloryu Admiral Sangad Chaloryu ( th, สงัด ชลออยู่; ; 4 March 1915 – 23 November 1980) was a Thai admiral and politician who served as head of the National Administrative Reform Council (NARC), a military junta that ruled Thailand ...
, NARC issued Order No.41 that including Article 112 revision to strengthen defamation laws as they explained in the order that current laws had been unsuitable for an instability political situation at that time. They mentioned the Monarchy and religion for example. In Order No.41, the penalty for lèse-majesté was toughened from a maximum of seven years imprisonment to three to fifteen years per count. Except for the World War II
Empire of Japan The also known as the Japanese Empire or Imperial Japan, was a historical nation-state and great power that existed from the Meiji Restoration in 1868 until the enactment of the post-World War II 1947 constitution and subsequent fo ...
, Thailand is the only
constitutional monarchy A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies dif ...
that strengthened lèse-majesté in the 20th century. Between 1977 and 1986 when the royal power base grew among the urban middle class, the "kinship" and "bond" relationship was created between the people and the king as well as its modern "inviolable" status. Since then, court decisions and legal scholars' comments have interpreted lèse-majesté law to mean the king could not be criticised in any way. Examples of cases of insult include a politician, in 1988, who served four years in prison for suggesting that life would have been easier had he been born in the palace, and a man in 1976 who was arrested on charges of lèse-majesté for using a royal village scout scarf to wipe a table. Acts deemed insulting to the royal image include placing photographs of anybody on a website above those of the king. In March 2007, Oliver Jufer, a Swiss man, was sentenced to 10 years in prison for daubing black paint on portraits of King Bhumibol while drunk in
Chiang Mai Chiang Mai (, from th, เชียงใหม่ , nod, , เจียงใหม่ ), sometimes written as Chiengmai or Chiangmai, is the largest city in northern Thailand, the capital of Chiang Mai province and the second largest city in ...
, although he received a royal
pardon A pardon is a government decision to allow a person to be relieved of some or all of the legal consequences resulting from a criminal conviction. A pardon may be granted before or after conviction for the crime, depending on the laws of the ju ...
the following month.


Political weaponisation

Between 1990 and 2005, there was an average of five new lèse-majesté cases per year. Since then, however, there have been at least 400 cases—an estimated 1,500 percent increase. Prior to the 2006 coup, targets of lèse-majesté were mostly politicians, high-ranking bureaucrats and extra-constitutional figures, but after 2007, common people were charged. The law was interpreted to cover past monarchs and symbols associated with the monarch. No one had been sentenced to more than ten years in jail before 2007. Observers attributed the increasing number of lèse-majesté cases 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. In 2005, cases registered in the Attorney General's office rose sharply from 12 new cases in 2000–2004 to 17. Thai Rak Thai and Democrat Party as well as opposition movement
People's Alliance for Democracy The People's Alliance for Democracy (PAD; th, พันธมิตรประชาชนเพื่อประชาธิปไตย, Phanthamit Prachachon Pheu Prachathipatai; commonly known as "Yellow Shirts") is a Thai reactionary, m ...
traded lèse-majesté accusations. Former prime minister
Thaksin Shinawatra Thaksin Shinawatra ( th, ทักษิณ ชินวัตร; ; ; Chinese: 丘達新; cnr, Taksin Šinavatra; born 26 July 1949), is a Thai businessman, politician and visiting professor. He served in the Thai Police from 1973 to 1987, a ...
's alleged lèse-majesté was one of the stated reasons for the Thai military's 2006 coup. After the coup, dozens of radio stations were shut down because of alleged lèse-majesté. Academics have been investigated, imprisoned, and forced into exile over accusations of lèse-majesté. Prominent historian
Somsak Jeamteerasakul Somsak Jeamteerasakul (; ) is a former history lecturer at the Faculty of Liberal Arts, Thammasat University. His academic field is contemporary political history, especially recent Thai history from 1930. He is a critic of Thailand's monarchy an ...
was arrested for proposing an eight-point plan to reform of the monarchy. Professor
Giles Ji Ungpakorn Giles Ji Ungpakorn ( th, ใจ อึ๊งภากรณ์; ; IPA:; born 25 October 1953) is a Thai-British academic and Marxist political activist. He formerly worked as an associate professor on the Faculty of Political Science, Chulalon ...
went into exile in 2007 after his book, '' A Coup for the Rich'', questioned Bhumibol's role in the 2006 coup. 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 could file a complaint. His actions angered many people. In February 2012, he was assaulted in broad daylight in Bangkok. During the government of
Yingluck Shinawatra Yingluck Shinawatra ( th, ยิ่งลักษณ์ ชินวัตร, , ; ; born 21 June 1967), nicknamed Pou ( th, ปู, , , meaning "crab"), is a Thai businesswoman, politician and a member of the Pheu Thai Party who became the P ...
, the number of arrests and convictions for lèse-majesté offences declined significantly. However, she said she would not seek to reform the law. There were 478 cases in 2010. In May 2014, the
National Council for Peace and Order The National Council for Peace and Order (NCPO; th, คณะรักษาความสงบแห่งชาติ; ; abbreviated ( th, คสช.; )) was the military junta that ruled Thailand between its 2014 Thai coup d'état on 22 M ...
(NCPO), the
military junta A military junta () is a government led by a committee of military leaders. The term ''junta'' means "meeting" or "committee" and originated in the national and local junta organized by the Spanish resistance to Napoleon's invasion of Spain in ...
, granted authority to a military tribunal to prosecute lèse-majesté in Thailand. 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. The courts were dubbed "
kangaroo court A kangaroo court is a court that ignores recognized standards of law or justice, carries little or no official standing in the territory within which it resides, and is typically convened ad hoc. A kangaroo court may ignore due process and come ...
s." The military government has never successfully extradited someone living abroad. iLaw, a Thai non-profit organisation, reported that the junta hold persons in custody for seven days without charges. Secret trials were held. Officials seized personal communication devices to search for incriminating evidence. In December 2014, the parents of
Srirasmi Suwadee Srirasmi Suwadee ( th, ศรีรัศมิ์ สุวะดี; ; born 9 December 1971), formerly Princess Srirasmi, Royal Consort to the Crown Prince of Thailand, is a former member of the royal family of Thailand. She was the third cons ...
, formerly a Thai princess, were sentenced for "insulting the royal family and lodging a malicious claim". In 2015, ''Prachatai'' published an infographic showing that bathroom
graffiti Graffiti (plural; singular ''graffiti'' or ''graffito'', the latter rarely used except in archeology) is art that is written, painted or drawn on a wall or other surface, usually without permission and within public view. Graffiti ranges from s ...
, a hand gesture, a hearsay report of a taxi conversation, and not standing during the playing of the
royal anthem The anthem for a person, office or rank is music played on formal or ceremonial occasions in the presence of the person, office-holder, or rank-holder, especially by a military band. The head of state in many countries is honored with a prescribe ...
, among other things, could be punished as acts of lèse-majesté. A nurse wearing black on
Bhumibol Adulyadej Bhumibol Adulyadej ( th, ภูมิพลอดุลยเดช; ; ; (Sanskrit: ''bhūmi·bala atulya·teja'' - "might of the land, unparalleled brilliance"); 5 December 192713 October 2016), conferred with the title King Bhumibol the Great ...
's birthday was charged with lèse-majesté. The last formal attempt to amend the law occurred in May 2012 when more than 10,000 people signed a petition to parliament, but Speaker of the House of Representatives, Somsak Kiatsuranont, dismissed it citing that amendment of the law concerning the monarchy was not a
constitutional right A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may ...
.


Use under Vajiralongkorn

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 Vajiralongkorn ( th, วชิราลงกรณ; , ; born 28 July 1952) is the King of Thailand. He is the only son of King Bhumibol Adulyadej and Queen Sirikit. In 1972, at the age of 20, he was made crown prince by his father. After his ...
. 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, which did not face prosecution. In May 2017, the military junta stated that merely viewing material is considered lèse-majesté and is a violation of the law. As of November 2018, at least 127 people have been charged with lèse-majesté since the latest coup. 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 Khon Kaen ( th, ขอนแก่น, ) is one of the four major cities of Isan, Thailand, also known as the "big four of Isan", the others being Udon Thani, Nakhon Ratchasima, and Ubon Ratchathani. It is the capital of Khon Kaen province and ...
. This was the first prosecution of a minor. A lawyer who did not accept legal proceeding claiming that the court act in the name of the King who had conflict of interest in such cases, thus impartial and unjust. There were several low-profile instances where the authorities did not prosecute, but used other intimidation methods instead, such as holding the individual in military custody for seven days, checking for communication devices, asking them to unfollow a Facebook page, or asking them to make a video expressing loyalty to the monarch. , a total of 38 of these cases, 34.2 percent, were in the military court system. The Attorney General's directive, dated 21 February 2018, issued a new guideline for prosecution. Now, only the Attorney General can file a lèse-majesté case. In June 2018, a new regulation was issued, allowing public persecutors to decide against prosecuting cases that did not serve the public interest. Unprecedented moves followed, including dismissal of lèse-majesté cases even though the defendants pleaded guilty, and those charged had received bail in certain cases. However, the authorities now favour invoking other laws instead, such as the Computer Crime Act and the
sedition Sedition is overt conduct, such as speech and organization, that tends toward rebellion against the established order. Sedition often includes subversion of a constitution and incitement of discontent toward, or insurrection against, estab ...
law. On 15 June 2020, Thai prime minister and former 2014 Thai coup d'état leader
Prayut Chan-o-cha Prayut Chan-o-cha (sometimes spelled Prayuth Chan-ocha; th, ประยุทธ์ จันทร์โอชา, ; born 21 March 1954) is a Thai politician and retired Royal Thai Army, army officer who has served as the Prime Minister of T ...
confirmed this stance, stating that
King Vajiralongkorn Vajiralongkorn ( th, วชิราลงกรณ; , ; born 28 July 1952) is the King of Thailand. He is the only son of King Bhumibol Adulyadej and Queen Sirikit. In 1972, at the age of 20, he was made crown prince by his father. After his ...
had called for no further use of Section 112. After the
forced disappearance An enforced disappearance (or forced disappearance) is the secret abduction or imprisonment of a person by a State (polity), state or political organization, or by a third party with the authorization, support, or acquiescence of a state or po ...
of
Wanchalearm Satsaksit Wanchalearm Satsaksit ( th, วันเฉลิม สัตย์ศักดิ์สิทธิ์, , ; born 11 August 1982) is a Thai pro-democracy activist and political exile. He was an activist for human rights in Thailand and HIV pro ...
, an alleged lèse-majesté offender, in June 2020, #ยกเลิก112 (repeal 112) trended first on
Twitter Twitter is an online social media and social networking service owned and operated by American company Twitter, Inc., on which users post and interact with 280-character-long messages known as "tweets". Registered users can post, like, and ...
in Thailand with more than 500,000 retweets, as netizens believed his accusations motivated his abduction. In August,
protests A protest (also called a demonstration, remonstration or remonstrance) is a public expression of objection, disapproval or dissent towards an idea or action, typically a political one. Protests can be thought of as acts of coopera ...
against the government included calls to reform the monarchy, including the abolition of Article 112. Anchan P. was handed 87-year prison sentence for uploading and sharing videos on the internet of an online talk show after she had been detained in jail for nearly four years from 2015. Then, in 2021, the court reduced her conviction by half to 43 and a half years due to her guilty plea. The
UN Human Rights Committee The United Nations Human Rights Committee is a treaty body composed of 18 experts, established by a 1966 human rights treaty, the International Covenant on Civil and Political Rights (ICCPR). The Committee meets for three four-week sessions per y ...
has declared that "imprisonment is never an appropriate penalty" for lèse-majesté cases. In January 2021, ousted opposition political leader
Thanathorn Juangroongruangkit Thanathorn Juangroongruangkit ( th, ธนาธร จึงรุ่งเรืองกิจ, , ; ; born 25 November 1978) is a Thai politician who served as the leader of the Future Forward Party until the party dissolved in 2020. From 200 ...
was charged with lèse-majesté after criticizing
Prayut Chan-o-cha Prayut Chan-o-cha (sometimes spelled Prayuth Chan-ocha; th, ประยุทธ์ จันทร์โอชา, ; born 21 March 1954) is a Thai politician and retired Royal Thai Army, army officer who has served as the Prime Minister of T ...
's government's mismanagement of
COVID-19 Coronavirus disease 2019 (COVID-19) is a contagious disease caused by a virus, the severe acute respiratory syndrome coronavirus 2 (SARS-CoV-2). The first known case was COVID-19 pandemic in Hubei, identified in Wuhan, China, in December ...
vaccination Vaccination is the administration of a vaccine to help the immune system develop immunity from a disease. Vaccines contain a microorganism or virus in a weakened, live or killed state, or proteins or toxins from the organism. In stimulating ...
by relying too much on the
AstraZeneca vaccine AstraZeneca plc () is a British-Swedish multinational pharmaceutical industry, pharmaceutical and biotechnology company with its headquarters at the Cambridge Biomedical Campus in Cambridge, England. It has a portfolio of products for major d ...
, which
Siam Bioscience Siam Bioscience Company, Ltd. ( th, สยามไบโอไซเอนซ์) is a Thai drug manufacturer, owned by King Maha Vajiralongkorn. In 2009, the project started with a partnership between CPB Equity, subsidiary of Crown Property ...
, owned by the King, supplies the amount of, even with a lack of vaccine experience. The Royal Thai Police charged him for publishing his 18 January Facebook Live stream. Later, Puttipong Punnakanta filed the charge through
Technology Crime Suppression Division Technology is the application of knowledge to reach practical goals in a specifiable and reproducible way. The word ''technology'' may also mean the product of such an endeavor. The use of technology is widely prevalent in medicine, science, ...
and the court ordered that the video be taken down. Later, in August 2021, Thanathorn faced two more lèse-majesté charges for the same act. During
2020–2021 Thai protests In Thailand, protests began in early 2020 with demonstrations against the government of Prime Minister Prayut Chan-o-cha. They later expanded to include the unprecedented demands for reform of the Thai monarchy. The protests were initially trig ...
, Prime Minister Prayuth Chan-o-cha revived lèse-majesté law in response. Because of the particular law, by the end of 2021, the leading figures Arnon Nampa, Panupong Jadnok, Parit Chiwarak, Jatupat (Pai Dao Din), Panusaya, and Benja Apan were all detained awaiting trial in series of detainments and releases, some were imprisoned accumulatively for more than 300 days. Since November 2020, Thailand has charged at least 173 people for lèse-majesté.


Statistics


Social context and impact

King Rama VI believed that insults to the king are also insults to his power source—the people. The king felt every subject is also insulted. David Streckfuss, a scholar on Thai human rights and politics, commented that lèse-majesté is one factor defining neo-absolutism in Thailand. Lèse-majesté is used in less democratic monarchies to protect the system of power. Thai mainstream media has supported the use of the law and avoid covering it. The media do not discuss the role of the monarchy in politics, thus creating a distorted view of the political scene. Lèse-majesté and communism were once the definition of the ultimate
traitor Treason is the crime of attacking a state authority to which one owes allegiance. This typically includes acts such as participating in a war against one's native country, attempting to overthrow its government, spying on its military, its diplo ...
. With the decline of communism, however, lèse-majesté began to define new kinds of traitors. Michael Kelly Connors, a professor in social science at the University of Nottingham, wrote the king had a dual position—an agent of political and economic interests and the soul of the nation showing the 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 the Thai monarchy would be subjected to mockery once it was open to scrutiny, just like the British monarchy. Streckfuss and Preechasilpakul wrote that lèse-majesté remains the most potent political charge in Thailand and the number of charges increased in times of political upheaval. Human rights groups say the lèse-majesté laws have been used as a political weapon to stifle
free speech Freedom of speech is a principle that supports the freedom of an individual or a community to articulate their opinions and ideas without fear of retaliation, censorship, or legal sanction. The rights, right to freedom of expression has been ...
. 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 oyalimage is created to bolster a conservative elite well beyond the walls of the palace." However, Connors argued that while some have used it as a political weapon, it has always been in the interests of the palace.


Contemporary scope of the law

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 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. Thai courts have demonstrated they will prosecute and jail even non-Thai citizens for offences committed outside of the kingdom as proven in the case against American citizen Joe Gordon who police arrested in May 2011 when he visited Thailand for medical treatment. The court later sentenced him to five years in jail. David Streckfuss opined that lèse majesté law is not necessarily controversial, even some Western democratic countries seem to have severe jail punishment, if rarely used. In 2007, a controversy arose over whether criticism of members of King Bhumibol's
privy council A privy council is a body that advises the head of state of a state, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the mon ...
also constituted criticism of Bhumibol. 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 Prem Tinsulanonda ( th, เปรม ติณสูลานนท์, , ; 26 August 1920 – 26 May 2019) was a Thai military officer, politician, and statesman who served as the Prime Minister of Thailand from 3 March 1980 to 4 August 1988, ...
, was demoted within days of the incident by Police Commander
Seripisut Temiyavet Police General Sereepisuth Temeeyaves ( th, เสรีพิศุทธ์ เตมียเวส; , originally: Seri Temeeyaves; th, เสรี เตมียเวส; born 3 September 1948) was Commissioner of the Royal Thai Police ...
. The
Supreme Court of Thailand The Supreme Court of Thailand ( th, ศาลฎีกา, San Dika), located in Bangkok, Thailand, is the highest Thai court of justice, covering criminal and civil cases of the entire country. Operating separately from the Administrative ...
decided in 2013 that the law also applies to all previous monarchs, further broadening the law's reach. In 2013, a man was found guilty of "preparing and
attempt An attempt to commit a crime occurs if a criminal has an intent to commit a crime and takes a substantial step toward completing the crime, but for reasons not intended by the criminal, the final resulting crime does not occur.''Criminal Law - ...
ing" to commit an act of lèse-majesté. He had images and captions deemed lèse-majesté 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. 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 outside the scope of the punishments in the Criminal Code. Because of the uncertain and unpredictable nature of the offense charges, defendants often do not contest them and plead guilty. Lèse-majesté leads to self-censorship and
vigilantism Vigilantism () is the act of preventing, investigating and punishing perceived offenses and crimes without Right, legal authority. A vigilante (from Spanish, Italian and Portuguese “vigilante”, which means "sentinel" or "watcher") is a pers ...
.


Legal proceedings

In 2013, a person filed lèse-majesté charges against his own 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. Additionally, there are
cyberbullying Cyberbullying or cyberharassment is a form of bullying or harassment using electronic means. Cyberbullying and cyberharassment are also known as online bullying. It has become increasingly common, especially among teenagers, as the digital ...
cases where fake accounts were created and lèse-majesté material was posted to create misunderstanding that the person actually committed a crime. 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. There have been occasions when lèse-majesté cases have been transferred to court-martial, most recently during the National Council for Peace and Order regime after the 2014 coup. There are differences between 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; the right to bail is restricted in wartime. Even so, pre-trial detentions are widespread and requests for bail are difficult; recent offenders used hunger strike to highlight the issue. Detainees are seen barefoot and shackled at the ankles when brought to court. The courts sometimes use
videoconferencing Videotelephony, also known as videoconferencing and video teleconferencing, is the two-way or multipoint reception and transmission of audio signal, audio and video signals by people in different locations for Real-time, real time communication. ...
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 Bloodstream infections (BSIs), which include bacteremias when the infections are bacterial and fungemias when the infections are fungal, are infections present in the blood. Blood is normally a sterile environment, so the detection of micro ...
, according to his
autopsy An autopsy (post-mortem examination, obduction, necropsy, or autopsia cadaverum) is a surgical procedure that consists of a thorough examination of a corpse by dissection to determine the cause, mode, and manner of death or to evaluate any di ...
. Judges have also said the accuser did not necessarily have to prove the information was factual claiming, "because if it is true, it is more defamatory, and if it isn't true, then it's super-defamatory". Asked 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.
Professor Peter Leyland of SOAS, University of London and Professor Emeritus of London Metropolitan University, explained:
It he lese majeste offencecan 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.
Pointing that Article 112 was 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 who was charged with lèse-majesté himself, commented: "It's not about your action; it's about the timing. They wait until the moment when you seem most vulnerable." Court proceedings are lengthy, and defendants often pleading guilty as the quickest route to freedom. Court decisions are often overturned in the higher courts, thus lengthening the proceedings. Civilian courts often handed sentences of five years imprisonment per count, while military courts often handed sentences of 10 years per count.


Government measures


Internet censorship

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 A Web crawler, sometimes called a spider or spiderbot and often shortened to crawler, is an Internet bot that systematically browses the World Wide Web and that is typically operated by search engines for the purpose of Web indexing (''web spid ...
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. In 2008, more than 4,800 webpages deemed insulting to Thailand's royal family were blocked. In December 2010, nearly 60,000 websites had been banned for alleged insults against Bhumibol. In 2011, the number increased to 70,000. On 4 April 2007, the Thai government blocked Thai access to
YouTube YouTube is a global online video platform, online video sharing and social media, social media platform headquartered in San Bruno, California. It was launched on February 14, 2005, by Steve Chen, Chad Hurley, and Jawed Karim. It is owned by ...
as a result of a video clip which it deemed insulting to the king. 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 Galyani Vadhana, Princess of Naradhiwas ( th, กัลยาณิวัฒนา; ; 6 May 1923 – 2 January 2008) was a princess of Thailand and the elder sister of King Ananda Mahidol (Rama VIII) and King Bhumibol Adulyadej (Rama IX). She w ...
. 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". Previously, she had been jailed without bail for nearly a year for not removing—in 2008—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 an intent to insult. Arrested in September 2010, she could face up to 50 years' imprisonment if found guilty. In 2016,
Facebook Facebook is an online social media and social networking service owned by American company Meta Platforms. Founded in 2004 by Mark Zuckerberg with fellow Harvard College students and roommates Eduardo Saverin, Andrew McCollum, Dustin M ...
blocked users in Thailand from accessing a page satirising 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 Facebook users. In 2019, the Facebook page "Royalist Marketplace" was launched as a forum by academic Pavin Chachavalpongpun to discuss and criticise the Thai monarchy freely. The Thai authorities shut down access in Thailand to the Facebook page, which has accumulated around one million users. Facebook may be appealing, while Chachavalpongpun is facing a charge of
cybercrime A cybercrime is a crime that involves a computer or a computer network.Moore, R. (2005) "Cyber crime: Investigating High-Technology Computer Crime," Cleveland, Mississippi: Anderson Publishing. The computer may have been used in committing the ...
. He has since launched a replacement Facebook page.


Abuse of psychiatry

On July 9, 2020,
Tiwagorn Withiton Tiwagorn Withiton ( th, ทิวากร วิถีตน; ; born 31 October 1975) is a Thai political and human rights activist, farmer and engineer. He is one of the first political activists in Thailand that openly challenge the country's t ...
, 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. 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." He was discharged about two weeks later.


Opinion


Support

The stated rationale for supporting lèse-majesté often center around Thai identity and the presence of lèse-majesté and crimes against head of state law in other countries.
Borwornsak Uwanno Borwornsak Uwanno ( th, บวรศักดิ์ อุวรรณโณ , sometimes spelled ''Bowornsak Uwanno''; born October 19, 1954) is a Thai legal expert, government official and professor-emeritus of Law at Chulalongkorn University. He w ...
, Thai legal scholar, said that countries limited free speech according to their cultural-legal circumstances. In May 2016, justice minister Paiboon Koomchaya remarked on "concerns raised by United Nations Security Council member countries during the
Universal Periodic Review The Universal Periodic Review (UPR) is a mechanism of the United Nations (UN) Human Rights Council (HRC) that emerged from the 2005 UN reform process.resolution 60/251of 3 April 2006, the UPR periodically examines the human rights performance of all ...
(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". A Thai official said that the lèse-majesté law is similar to a
libel Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
law for commoners. Some abuse their rights by spreading
hate speech Hate speech is defined by the ''Cambridge Dictionary'' as "public speech that expresses hate or encourages violence towards a person or group based on something such as race, religion, sex, or sexual orientation". Hate speech is "usually thoug ...
or distorted information to incite hatred towards the monarchical institution. He also assert that those who are accused of lèse-majesté have the
right to a fair trial A fair trial is a trial which is "conducted fairly, justly, and with procedural regularity by an impartial judge". Various rights associated with a fair trial are explicitly proclaimed in Article 10 of the Universal Declaration of Human Rights, th ...
, and the opportunity to contest the charges and assistance from a lawyer, as well as the right to appeal. An attorney said lèse-majesté does not go against democracy and does not know why there is activism around the law. The
Rubbish Collection Organization The Rubbish Collection Organization (RCO; th, องค์กรเก็บขยะแผ่นดิน; ) is a Thai state-sponsored online ultra-royalist vigilante group that has been characterized as fascist. Headed by Rienthong Nanna, an ul ...
, a fascist ultra-royalist organization, supports persecution for lèse-majesté, and launched an ongoing online campaign of mobbing and
doxxing Doxing or doxxing is the act of publicly providing personally identifiable information about an individual or organization, usually via the internet. Historically, the term has been used interchangeably to refer to both the aggregation of this in ...
victims, together with other methods of intimidation. A judge in a 2016 lèse-majesté case, when a man was sentenced to seven years and six months in prison said he would have given him a longer sentence, but the court's deputy president advised him on giving a shorter term.


Opposition

The lèse-majesté law is described as "
draconian Draconian is an adjective meaning "of great severity", that derives from Draco, an Athenian law scribe under whom small offenses had heavy punishments ( Draconian laws). Draconian may also refer to: * Draconian (band), a death/doom metal band fro ...
".
Amnesty International Amnesty International (also referred to as Amnesty or AI) is an international non-governmental organization focused on human rights, with its headquarters in the United Kingdom. The organization says it has more than ten million members and sup ...
considers anyone jailed for insulting Bhumibol to be a
political prisoner A political prisoner is someone imprisoned for their political activity. The political offense is not always the official reason for the prisoner's detention. There is no internationally recognized legal definition of the concept, although n ...
; if they had a peaceful expression and intent, a prisoner of conscience. Sulak Sivaraksa, a Thai social activist, said that he felt sad that most Thai intellectuals did not see any harm in this law, calling them "docile livestock." The
United Nations The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and international security, security, develop friendly relations among nations, achieve international cooperation, and be ...
Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, David Kaye, commenting "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. In November 2015,
Glyn T. Davies Glyn Townsend Davies (born 1957) is a senior advisor at ASG, a strategy and commercial diplomacy firm. A career member of the U.S. Senior Foreign Service, he served as U.S. Ambassador to the United Nations International Organizations in Vienna ...
, the US ambassador to Thailand, gave a speech criticising the long prison sentences handed to those found guilty of lèse-majesté. Police then investigated him. Activists against the law or those who seek to reform it include: Mainueng Kor Kunatee (a poet who was assassinated in 2014); Somsak Jeamteerasakul; Giles Ji Ungpakorn; Pavin Chachavalpongpun, a former diplomat, and an associate professor at the
Kyoto University , mottoeng = Freedom of academic culture , established = , type = National university, Public (National) , endowment = ¥ 316 billion (2.4 1000000000 (number), billion USD) , faculty = 3,480 (Teaching Staff) , administrative_staff ...
and a leader of a campaign to abolish Article 112 of the Thai criminal code; and The Nitirat group—an association of law lecturers who campaign for constitutional reform and a change of Thailand's lèse-majesté law–including Worachet Pakeerut,
Piyabutr Saengkanokkul Piyabutr Saengkanokkul ( th, ปิยบุตร แสงกนกกุล, , , born 23 October 1979) is a Thai academic, activist, former politician, and Secretary-General of the Progressive Movement, a socio-political group. He served as a ...
, and Sawatree Suksri. During 2020–2021 Thai protests, demands on reform of the monarchy, which included reform or abolition of lèse-majesté law, were part of the protest goals.


Satirical reaction

''Not The Nation'', an anonymous website that satirises a Thai newspaper, ''The Nation'', satirised the media and the public response to the case of
Thai American Thai Americans ( th, ชาวอเมริกันเชื้อสายไทย; formerly referred to as Siamese Americans) are Americans of Thai ancestry. History in the US The 1930 Census recorded just 18 ‘Siamese’ Americans. Acc ...
Joe Gordon in contrast to that paid to the drug-related case of Australian
Schapelle Corby Schapelle Leigh Corby (born 10 July 1977) is an Australian woman who was convicted of smuggling cannabis into Indonesia. She spent nine years imprisoned on the Indonesian island of Bali in Kerobokan Prison. Since her arrest Corby has publicly ...
and to the pardoning of Greek-Cypriot-Australian
Harry Nicolaides Harry Nicolaides (born 1967 or 1968) is an Australian writer of Greek-Cypriot origin who was imprisoned in Thailand under the Thai lèse majesté law, for a passage in a 2005 novel that was alleged to have defamed the Thai monarchy. On 19 Janu ...
. ''NTN'' later satirised
plea bargain A plea bargain (also plea agreement or plea deal) is an agreement in criminal law proceedings, whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or '' nolo contendere.'' This may mean that the defendan ...
ing in the "Uncle SMS" case. 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. In July 2014, British comedian
John Oliver John William Oliver (born 23 April 1977) is a British-American comedian, writer, producer, political commentator, actor, and television host. Oliver started his career as a stand-up comedian in the United Kingdom. He came to wider attention ...
described 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''. 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."


Related controversies

The Charoen Pokphand (CP) group is alleged to have supported Section 112 via a CP Freshmart marketing discount campaign that ran from 12–15 February 2021 titled "LOVE112" that offered a 112 baht discount for online purchases worth at least 666 baht.


Abolition campaign

On 5 November 2021, the law activist group
iLaw The AT4 is a Swedish unguided, man-portable, disposable, shoulder-fired recoilless anti-tank weapon built by Saab Bofors Dynamics (previously Bofors Anti-Armour Systems and before that FFV Ordance). The AT4 is not considered a rocket laun ...
launched the first ever campaign to abolish Section 112 of the Penal Code through an initiative petition. The petition attracted more than 100,000 subscribers overnight, despite Thai law merely requiring 10,000 signatures for the petition to be submitted to the parliament.


See also

* List of prosecuted lèse majesté cases in Thailand *
Censorship in Thailand Censorship in Thailand involves the strict control of political news under successive governments, including by harassment and manipulation. Freedom of speech was guaranteed in 1997Cyber Scouts (Thailand) The Cyber Scouts is a Thai state-sponsored youth-based online vigilante network that German academic Wolfram Schaffar has characterised as 'reminiscent of fascist vigilante groups'. It was founded in 2010 and currently operates under the Ministry o ...
*
Human rights in Thailand Human rights in Thailand have long been a contentious issue. The country was among the first to sign the UN's Universal Declaration of Human Rights of 1948 and seemed committed to upholding its stipulations; in practice, however, those in power h ...
*
Red Gaurs The Red Gaurs ( th, กระทิงแดง, ''Krathing Daeng'') were an extreme right-wing paramilitary organization active in Thailand during the 1970s. The Red Gaurs played a key role in the 6 October 1976 massacre of students and activ ...
*
Rubbish Collection Organization The Rubbish Collection Organization (RCO; th, องค์กรเก็บขยะแผ่นดิน; ) is a Thai state-sponsored online ultra-royalist vigilante group that has been characterized as fascist. Headed by Rienthong Nanna, an ul ...
*
Nawaphon The Nawaphon organization ( th, ขบวนการนวพล, alternatively transcribed as ''Navapol'', ''Nawapol'', ''Nawaphol'', translated variously as 'new force', 'ninth force',) or 'nine new forces' was a Thai extreme right-wing, patri ...
*
Social Sanction (Thailand) Social Sanction (SS) was Thailand's first organized online ultra-royalist vigilante group; it has been characterized as fascist. It operated between 2010 and 2013 and targeted people with public exposure and accusations of lèse-majesté. History ...


Notes


References


Literature

* * * * * * *


External links

* * * * {{DEFAULTSORT:Lese majeste in Thailand Censorship in Thailand Controversies in Thailand Thai monarchy Crime in Thailand Freedom of expression in Thailand Political crimes Speech crimes Political history of Thailand Social history of Thailand Thai criminal law
Thailand Thailand ( ), historically known as Siam () and officially the Kingdom of Thailand, is a country in Southeast Asia, located at the centre of the Indochinese Peninsula, spanning , with a population of almost 70 million. The country is bo ...
Lèse-majesté