lèse majesté in Thailand
The recent sentencing of a 61-year-old grandfather has brought the two much-used lese-majeste laws back into the national and international spotlight.
The Criminal Court sentenced Ampon Tangnoppakul, "Uncle SMS", to 20 years in prison. He was found guilty of sending four text messages from his mobile phone last year that were insulting to Her Majesty the Queen. Ampon denied the allegation, claiming he doesn't even know how to send an SMS. However, the prosecutors came up with evidence that the 4 messages actually came from his mobile phone. The messages were received and preserved by Somkiat Krongwattanasuk, who was then personal secretary to the Prime Minister, Abhisit Vejjajiva.
The Ampon case has now been settled for the time being, he can appeal and may also hope that he will be eligible for a royal pardon. His arrest and prosecution, however, shine a bright light on the two laws that are still so commonly used. Article 112 of the Penal Code is the original text for lèse-majesté, which prohibits offensive statements or actions against members of the Royal Family under penalty of arrest and imprisonment. The newer and sometimes insidious Computer Crime Act prohibits the same acts on a computer (or, apparently, in Ampon's case, a cell phone).
The Computer Crime Act is debatable because it was designed and presented to the public as such as a weapon against hackers and other white-collar criminals. It has been used much more often against freedom of speech, and has played a role in almost all recent lèse-majeste cases. Prosecutors are said to use the Computer Crime Act in such cases because it allows for harsher sentences than the Penal Code, which has a maximum sentence of 15 years for crimes against the monarchy.
Lese-majeste laws need to be reviewed and updated so that they can be adapted to the requirements of the times, just as other laws are done. There should also be a high-level investigation, preferably by the government, into the use of the laws. Under the current law, anyone can file a lèse-majeste complaint, and because it is a serious charge, the police and other authorities must treat and investigate every complaint seriously. In recent years there have been quite a few cases where charges were filed with the apparent aim of personally accusing the accused without any intention of protecting the monarchy.
A critical barrier remains before Section 112 and the Computer Crime Act can be seriously scrutinized. It is the often political charge, which is linked to the desire to investigate and possibly change the laws. The laws are there out of respect and affection for the monarch and the monarchy, but politicians also use them for their own political purposes. Last week, the minister of Information– and Communication Technology, Anudith Nakornthap, against clicking “Like” on questionable messages on Facebook: click it and you will regret it. It is said that he has already had 86.000 Facebook pages blocked or removed by the American company.
The constant hunt for internet sites is pointless and destructive. The more attention Capt Anudith puts on it, the more he encourages bad intentions. The idea that a discussion of lèse-majeste laws is already considered lèse-majeste is emotionally charged, but it does not hold. A law in itself does not affect the love and respect for the monarch. It was His Majesty the King himself who stated in a simple way six years ago that “The King can also make mistakes” and “Actually, I too should be able to be criticized”
The lèse-majeste law is an important tradition in the Thai culture, society and history. This is why it is regularly updated and modernized. That is why it is necessary to reexamine it. There are some people in the country who abuse it for political or personal purposes, which is unacceptable. As a result, a number of questionable prosecutions have taken place, badly damaging the country's image abroad. A serious investigation into the lèse-majeste law and its use may reveal loopholes that need to be closed.
Editorial commentary in the Bangkok Post, November 27, 2011. Translated by Gringo.