Lese Majeste in Thailand

A Thai academic who is facing charges of insulting the monarchy called for a campaign to abolish the law under which he could be jailed for 15 years.

Ji Ungpakorn, a prominent activist and political scientist at Bangkok's Chulalongkorn University, said police have asked to question him over a book he wrote about Thailand's 2006 military coup.

His case is the latest sign of ideological struggle over the role of the monarchy, a subject that was once taboo. There has been a recent spate of complaints and prosecutions for lese majeste — as the charge is called — and increased censorship of Web sites allegedly critical of the institution.

Ji said at a news conference that the lese majeste law, which mandates a jail term of three to 15 years for defaming the king, the queen or the heir to the throne, restricts freedom of speech and expression and does not allow for public accountability and transparency of the institution of the monarchy.

He charged that it is used as a tool by the military, and other authoritarian elites, in order to protect their own interests. He claimed he was being targeted for political reasons because he criticized the military and its coup.

Newly elected Prime Minister Abhisit Vejjajiva has promised to take all measures to prevent people from defaming the monarchy.

Thailand's Senate has resolved to set up an extraordinary committee to strictly enforce laws in the name of protection of the monarchy following an increasing number of websites found to be offensive to the royal institution.

The Senate voted 90 to 17 to set up an extraordinary panel to follow up on the enforcement of laws and articles relating to the protection of the monarchy is to be headed by national police chief Patcharawat Wongsuwan.

Currently, there are over 10,000 websites deemed offensive to the monarchy. The Information and Communication (ICT) Ministry has been able to block only 2,000 sites.

The Justice Ministry will coordinate with the Foreign Ministry to launch a campaign among foreigners to educate them about lese majeste laws.

Justice Minister Pirapan Salirathavibhaga said he would coordinate with the Foreign Ministry to instruct all Thai embassies abroad to launch public relations campaigns about lese majeste laws which impose harsh punishments on those who insult the Thai monarchy.

Australia asked Thailand to pardon a writer from Melbourne who received three years in prison for insulting the royal family in three sentences of a novel that sold seven copies.

Foreign Minister Stephen Smith made the request in a letter to his Thai counterpart after Harry Nicolaides pleaded guilty this week to defaming the head of state, King Bhumibol Adulyadej, and his son.

Now that the legal processes before Thailand’s courts have concluded, Australian officials have advised Thai officials that the Australian government strongly supports Mr. Nicolaides’s pardon application, Smith said in a statement.

The government of Prime Minister Abhisit Vejjajiva, which took power last month after backing a royalist protest group, is cracking down on Web sites that insult the king, a crime punishable by as many as 15 years in prison.

Thailand has received the pardon request from Australia’s government and will process it in a timely manner, Tharit Charungvat, Foreign Ministry spokesman, said.

Another edition of UK-based current affairs magazine The Economist has been withdrawn in Thailand, amid local fears over its coverage of the royal family.

The Economist's Thai distributor held back Friday's issue - which contains an article about an Australian writer who was jailed for allegedly slandering the monarchy.

Last month another edition was banned because of an article questioning the Thai king's role in public life.

The Economist sent an e-mail to its Asia subscribers stating: This week our distributors in Thailand have decided not to deliver the Economist in light of our coverage relating to the Thai monarchy.

The latest issue of The Economist will be withheld from distribution in Thailand for the third time in two months because of its coverage of the country's monarchy, the magazine said.

The British magazine's Thai distributor, Asia Books, refused to deliver copies of its Jan. 31 issue because the article might break the country's strict law against insulting the royal family, the magazine said in an email to subscribers.

The Jan. 31 issue contains an article, entitled A sad slide backwards, that criticizes Thailand for alleged abuse of Muslim migrants from Myanmar known as the Rohingya.

Their plight gained international attention after several boats carrying around 1,000 migrants were intercepted in December by the Thai navy. Human rights groups allege that Thai officers detained and beat them before forcing them back to sea in vessels with no engines and little food or water. Hundreds are believed to have drowned. Thai authorities have repeatedly denied the allegations.

The article's criticism was largely directed at the government of Prime Minister Abhisit Vejjajiva and the Thai military in its handling of the migrants. It made only passing mention of the taboo subject of royal involvement in Thai politics.

On the same day that Thai Prime Minister Abhisit Vejjajiva told a meeting of news editors of his intention to restore Thailand's press freedom reputation, police officials raided the offices and arrested the executive director of a popular online news site, Prachatai.

Prachatai's executive director Chiranuch Premchaiporn was arrested when a group of five or six Crime Suppression Division police officials entered the Web site's Bangkok offices. Officers also took copies of the hard drives of some of the office's computers. Chiranuch was later released on bail.

The director was charged under national security-related articles 14 and 15 of the 2007 Computer Crime Act for postings apparently critical of the Thai royal family made on one of the site's boards, according to Prachatai. It is unclear if Chiranuch would also be charged under the country's lese majeste law, which criminalizes any criticism of the royal family. Guilty convictions are punishable with a maximum of 15 years in prison.

We call upon the relevant authorities to immediately cease and desist from harassing all online journalists and commentators like Chiranuch Premchaiporn, said Bob Dietz, CPJ's Asia Program Director : Thailand has unleashed one of the most aggressive crackdowns on Internet freedom seen anywhere in Asia and we strongly urge them to reverse course.

Prachatai has developed a reputation for independent reporting, particularly through its hard-hitting reports on the conflict between government forces and Muslim rebels in the country's three southernmost provinces. The site was threatened with closure last year because of comments deemed harmful to the monarchy posted to one of the site's online public forums.

Suwicha Thakhor has spent two months in a Thai prison, accused by police of insulting the royal family. He says he should be allowed to express an opinion.

Arrested Jan. 14 and charged in connection with material posted on the Internet, the 34-year-old oil engineer said: We have to be able to think freely. They cannot stop ideas by sending people to jail.

More than a dozen similar cases are pending under Thai law as a widening political divide prompts discussion on the future role of the monarchy.

The lese-majeste law is no different from contempt-of- court laws where you protect institutions that are neutral, that have no self-defense mechanism, Prime Minister Abhisit Vejjajiva claimed, he told reporters the law would be reviewed to make it clearer.

Suwicha, wearing a prison-issued yellow shirt emblazoned with a royal insignia, said his views on the monarchy changed after the coup that deposed Thaksin. Police tracked his Web postings, which he wouldn’t discuss, and read his e-mails, he said. He was arrested after dropping his kids off at school.

In the past, people fled to the jungle to share their political beliefs, Suwicha said, referring to a Communist insurgency in the 1970s that was suppressed by the government: Now we have Web sites. If they want to stop it, they must stop the technology itself.

Suwicha, who has twice been denied bail, said he’s hoping for a miracle. If freed, he plans to work on a farm and live a private life. Still, he makes no apologies for his beliefs.

A Thai internet user has been sentenced to 10 years in jail for violating strict laws against insulting the monarchy.

A court in Bangkok said Suwicha Thakho digitally altered images of King Bhumibol Adulyadej and his family and posted them on the internet.

The court did not say how the pictures were changed or where they appeared, but local media cited YouTube.

Thailand's royal family is sheltered from public debate by some of the world's most stringent lese-majeste laws, as the police and army try to suppress what they fear is a rising tide of anti-monarchy sentiment.

Now up to 7000 blocked pages or websites

Based on article from prachatai.com

On April 1st, Aree Jiworarak, of the Ministry of Information and Communication Technology, said the Ministry's recently established Internet Security Operations Centre (ISOC) had blocked over 7,000 improper URLs or web pages, which included 1,403 culturally and morally offensive pornographic pages.

Now the Ministry is investigating the case of the pornographic animation clip Ninja Love which was posted at mthai website, and is trying to find the poster for prosecution.

Chiranuch Premchaiporn, webmaster of independent Thai online news portal Prachatai, was arrested March 6 under Thailand’s Computer Crimes Act. Her charges resulted from allowing comments posted by readers of Prachatai’s online discussion fora alleged to be lèse majesté.

On April 7, Chiranuch was called to Royal Thai Police headquarters for further investigation. Thai police laid nine new charges against Chiranuch resulting from the information she herself gave them after her arrest.

Police claim the alleged illegal postings were allowed to remain on Prachatai for periods of one to fifteen days. Police consider each posting to be a separate violation of the computer law even though these were removed promptly after notification by Thailand’s ICT ministry.

None of the webboard posters have been arrested possibly as it is beyond the data retention period when IP addresses can be traced.

Additional charges under the cybercrime law mean that Chiranuch is facing 50 years in prison for comments she did not create and not self-censoring webboard posts fast enough for government censors.

Police also told Chiranuch that six more persons will be charged later this month under the computer act.

The Economist has again decided not to distribute its magazine in Thailand this week because of coverage of the Thai monarchy.

In an email to subscribers the magazine confirmed: Due to the sensitive nature of our coverage on the Thai monarchy, we decided not to distribute the April 18th 2009 issue of The Economist in Thailand.

This week's magazine appears to have two Thailand related articles although the sensitive article is entitled The trouble with Thailand's King . It is sure to thrust Thailand's lese majeste laws into the global spotlight once again.

This is the third edition of the magazine this year to suffer distribution problems this year.

I posted a video of the king on the Internet, Suwicha Thakor told Reporters Without Borders from behind a plexiglas screen in Bangkok’s Klong Prem prison on 20 April. The police should have told me what I was doing was wrong. It is not right to be sentenced to 10 years in prison for this. I am not a problem for the country or its security. I am in prison for nothing.

Suwicha was given the 10-year sentence on 3 April on a charge of lese majeste. Reporters Without Borders wrote to the king yesterday asking him to grant Suwicha a royal pardon.

Reporters Without Borders and 31 other human rights, press freedom and journalists organisations have issued a joint appeal to the Thai government for a revision of article 112 of the Thai criminal code on lese majeste.

Since a new government took over last December, the authorities have stepped up enforcement of the lese majeste law and the Internet has been one of the leading victims. Access to more than 50,000 websites is currently blocked because of content critical of the monarchy. Around ten people are being prosecuted (or have been prosecuted) for lese majeste and two of them have been convicted. The crime of lese majeste is punishable by three to 15 years in prison.

Call to the Prime Minister to review the lese majeste law:

We, human rights groups, journalists and the victims of arbitrary lese majeste prosecutions appeal to Thai authorities to review criminal code article 112 on national security offences, under which any defamatory, insulting or threatening comments about the king, queen, crown prince or regent is deemed to be a crime of lese majeste punishable by three to 15 years in prison.

Access to more than 50,000 webpages has been blocked because of content critical of the monarchy, some 10 people are currently being prosecuted on lese majeste charges, at least two are in prison, and more held without bail.

This situation has gone unresolved far too long.

A group of Thai politicians and generals have accused a Times journalist of insulting the country's monarchy by reporting comments by Thaksin Shinawatra — an offence that carries a maximum prison sentence of 15 years.

The complaint against Richard Lloyd Parry, the Asia editor of The Times, derives from an interview with Thaksin that was published in Monday's newspaper and on Times Online the day before.

According to the Bangkok Post, members of a group of Thai monarchists called Siam Samakkhi (United Siam) have made an allegation of lèse-majesté against Thaksin and  Lloyd Parry. The Government blocked parts of Times Online from being accessed within the country.

Kasit Piromya, the Foreign Minister, said: Thaksin's interview is a violation of the monarchy, which is the country's core pillar and a highly respected institution. It is unacceptable and should have never taken place.

It is not clear which parts of the interview led to the complaint by four members of Siam Samakkhi. They include Senator Somchai Sawaengkarn, a critic of Thaksin, and General Somchet Boonthanom, the former head of the Thai Council for National Security.

One of the world's most popular English-language news publications will not be distributed in Thailand this week because of an article on the nation's monarchy.

In an email issued to subscribers, the UK-based magazine The Economist, said that due to the sensitive nature of the publication's coverage of the Thai monarchy, the March 20th edition will not be distributed in the South East Asian country. There were no indications that the online edition of The Economist would be affected.

The article in question examines concerns in Thailand over the question of potential royal succession and how it relates to recent political unrest in the country.

Friday's self-censorship by The Economist marks the fourth time since late 2008 that the publication has been pulled from circulation in the Thai kingdom over a story about the nation's monarchy.

Thailand has protested to the Australian government over the airing of a documentary critical of the Thai royal family and warned that the broadcast could affect ties between the nations.

A senior representative from the Thai embassy met with officials from Australia's Department of Foreign Affairs o express his concern at the programme, Foreign Correspondent , aired by the Australian Broadcasting Corporation (ABC).

The concern is that it might affect the good relations between Thailand and Australia, especially the people to people relations, Saksee Phromyothi, minister-counsellor at the Royal Thai Embassy, told AFP: We consider this an issue matter of national security... because the royal family, the monarchy, in our constitution is above politics.

Thailand's ambassador designate Kriangsak Kittichaisaree has also written to ABC managing director Mark Scott to complain about the programme which could breach Thailand's lese-majeste laws which prohibit criticism of the royals: I regret that an organisation of the ABC's stature has lowered its own standard by airing the said documentary which is presented in a manner no different from tabloid journalism .

A spokesman for Australia's Department for Foreign Affairs and Trade confirmed that Thai embassy officials had complained about the ABC programme but said: The Australian government does not and cannot control content run by Australian media organisation .

Criticism over Thailand's efforts to curb political debate online is mounting as the government restricts thousands of websites following deadly protest clashes earlier this year.

Thai authorities say they have blocked at least 40,000 Web pages this year, according to the government's Ministry of Information and Communication Technology, which monitors the Internet. Free-speech activists say authorities are blocking at least 110,000 sites, based on government disclosures and spot checks online.

Many of the sites feature criticism of the government or debates about Thailand's revered monarchy, a taboo subject here. As a result, some advocates say Thailand—long seen as a relative haven of free speech in Asia—is becoming one of the least-free states in a region that includes China and Myanmar, when it comes to discourse online

...Read the full article

Update: Wikileaks Blocked

20th August 2010. Based on article from  google.com

Thai authorities have used their emergency powers to block domestic access to the WikiLeaks whistleblower website on security grounds, a government official said Wednesday.

The order came from the government unit set up to oversee the response to political unrest that rocked the nation's capital earlier this year, a spokeswoman for the Information and Communication Technology Ministry said.

Access to this website has been temporarily suspended under the 2005 emergency decree, she said.

Notes

The Wikileaks block has yet to filter through, and for the moment, Wikileaks continues to be available to some in Thailand.

There is speculation that this action is more about toadying to the US who are pissed off about the Afghan War leaks.

WikiLeaks has launched ThaiLeaks, a web page of downloadable ‘magnet links’ to Thailand news items. The whistleblower announced the launch of the new page today on Twitter. It said even if the new page is blocked citizens will still be able to access information through the links which can be sent in e-mails, instant messages, even printed on paper, in order to keep information flowing.

The trial has started of Chiranuch Premchaiporn, executive director of the Thailand-based independent news Web site Prachatai. She stands accused of 10 different violations of the country's draconian 2007 Computer Crime Act (CCA), each of which carries a maximum penalty of five years in prison.

The case centers on comments posted by users of a Prachatai Web board that authorities have charged were defamatory of the Thai monarchy--a criminal offense under Thai law. Chiranuch has been charged under the CCA's Section 15, which pertains to the liability of online intermediaries, including Internet service providers (ISPs) and webmasters.

Prosecution witness Aree Jivorarak, head of the Ministry of Information and Communication Technology's (MICT) said in his testimony that when his office brought the comments to Chiranuch's attention she immediately deleted them in her capacity as the Web board's moderator.

Chiranuch told CPJ that Prachatai's online forums received thousands of comments daily in 2008--when the alleged CCA violations occurred--and that it was impossible to police instantly every comment that was posted.

Defense witnesses are expected to argue in upcoming hearings that the CCA's Section 15 is out of step with laws governing intermediary liability in many Western countries and that the Thai law applies unreasonable obligations to webmasters.

Thailand's Election Commission (EC) authorities have banned discussion of the monarchy in campaigning for the first national election since the political violence erupted in 2010.

The poll's body has not revealed the details of the new rules, which were announced at a meeting with political representatives.

The EC will discuss details of the ban later, said Apichart Sukananond, the body's chairman, suggesting that parties who disobey the rules may be dissolved and their leaders may be banned for five years.

Debate about the role of the monarchy is a taboo in Thailand as the country prepares its national election in early July.

Prime Minister Abhisit Vejjajiva supported the ban stating that the monarchy was above politics and conflicts , while the main opposition party Puea thai pledged to respect the rules.