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Thailand Censorship and Emprisonment : the Abuses in the Name of Lese Majeste

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© AFP “His untouchable Majesty” Thailand Censorship and emprisonment : the abuses in the name of lese majeste February 2009 Investigation : Clothilde Le Coz Internet Freedom desk Reporters sans frontières 47, rue Vivienne - 75002 Paris Tel : (33) 1 44 83 84 71 - Fax : (33) 1 45 23 11 51 E-mail : [email protected] Web : www.rsf.org “But there has never been anyone telling me "approve" because the King speaks well and speaks correctly. Actually I must also be criticised. I am not afraid if the criticism concerns what I do wrong, because then I know. Because if you say the King cannot be criticised, it means that the King is not human.”. Rama IX, king of Thailand, 5 december 2005 Thailand : majeste and emprisonment : the abuses in name of lese Censorship 1 It is undeniable that King Bhumibol According to Reporters Without Adulyadej, who has been on the throne Borders, a reform of the laws on the since 5 May 1950, enjoys huge popularity crime of lese majeste could only come in Thailand. The kingdom is a constitutio- from the palace. That is why our organisa- nal monarchy that assigns him the role of tion is addressing itself directly to the head of state and protector of religion. sovereign to ask him to find a solution to Crowned under the dynastic name of this crisis that is threatening freedom of Rama IX, Bhumibol Adulyadej, born in expression in the kingdom. 1927, studied in Switzerland and has also shown great interest in his country's With a king aged 81, the issues of his suc- agricultural and economic development. cession arises. Will the crown prince Wachiralongkorn be as popular as his Devotion to the king is a major feature father? And if he isn't, will the authorities of life in Thailand. Every Monday, hun- use the law of lese majeste to punish dreds of thousands of Thais don yellow every criticism? clothes in honour of the king, who was born on a Monday. But the absence of Thailand is quite rightly seen as a model of criticism towards the king, his family or press freedom in south-east Asia. The the monarchy as a system, is not solely press is free and diverse, but journalists all linked to devotion. There are very harsh have one point in common: they use self- laws on this subject to punish free censorship as soon as anything comes up speech. that affects the monarchy. Today, thousands of websites have been In the light of this situation, Reporters censored, fear stalks intellectual circles Without Borders calls for prompt reform and an Australian has been imprisoned of the laws regulating the crime of lese like a criminal for writing a few lines on a majeste. In addition to censorship of the Thai prince. How did things get to this Internet, the offence has led to the impri- state? sonment of around 100 people. This report presents the story of six people A new government has been in power in who have been victims of an investigation Thailand since 20 December 2008, and for the crime of lese majeste. This is defi- one of its priorities has been to regulate ned as: “anyone who defames, insults or the Internet. Just over one month after it threatens the King, the Queen, the crown took control, nearly 4,000 websites were prince or the regent”. Offenders face blocked because of their “content dama- “from three to 15 years in prison (Art ging the monarchy”. The justice ministry 112 of the Thai penal code relating to said that 10,000 sites had posted com- offences of national security”. Ten years ments and articles damaging to the ago, Amnesty International was saying that monarchy. The new information minister, the “last time the law was used dated back Ranongruk Suwanchawee, also decided to to 1991”! Henceforth, barely a day goes spend 80 million baht (nearly 1.7 million past without the ruling coalition, the euros) to set up an Internet filtering sys- People's Alliance for Democracy (PAD), tem in the kingdom, known as the “war redoubling its efforts to silence critics, all room”. in the name of the king. Thailand : majeste and emprisonment : the abuses in name of lese Censorship 2 Respect for the king is a rule, not definition contravenes Article 19 of the a courtesy. International Covenant on Civil and Political Rights that Thailand ratified in According to the 2007 Constitution, 1997, under which: “Everyone shall have ““The King shall be enthroned in a posi- the right to hold opinions without interfe- tion of revered worship. No person shall rence… everyone shall have the right to expose the King to any sort of accusation freedom of expression”. or action.” (Chapter 2, Section 8). It ensues from this principle that any citizen In most countries where this crime exists, can call for an investigation into any per- such as Spain, Jordan, Nepal or even the son suspected of being the author of an Netherlands, convictions are rare and article or publication that damages the argument often deemed to be null and royal family. It is the duty of police autho- void. Within Europe for example, it also rities to open investigations into each stands in contradiction to Article 10 of complaint. This was how BBC South-East the European Convention on Human Asia correspondent, Jonathan Head, wea- Rights which defines the right to freedom thered at the end of 2008, a third com- of expression, subject to certain restric- plaint for the crime of lese-majeste, laid tions “provided for under the law”; this against him by a colonel, over articles pos- right includes “freedom of opinion and ted on the website of the BBC, which the freedom to seek, receive and impart ideas military figure said questioned the role of of all kinds, regardless of frontiers.” One the monarchy in the kingdom's political of the most recent cases in which the affairs. crime of lese majeste was invoked in Europe, pitted the Prince of Spain and his Under the law, to speak about the king wife against two press cartoonists, who means nothing less than potentially dama- were sentenced to each pay a fine of ging national security. Justice Minister, 3,000 euros, in 2007. Pirapan Salirathavibhaga, confirmed this in an interview on 16 January, saying: “The But Peter Noorlander, jurist for the free- monarchy in Thailand is not just a symbo- dom of expression organisation Article lic institution. It is the pillar of national 19, said: “The current use of lese majeste security. Whatever is deemed as affecting in Thailand cannot be compared even with the monarchy must be treated as a threat the few Spanish and Dutch cases that to national security”. The ruling coalition occur from time to time and the penalty recently proposed an amendment raising imposed on the Australian writer is egre- the maximum sentence from 15 to 25 giously disproportionate to the 'crime' years in prison. said to have been committed by him.” “When it comes to the monarchy, reason goes away. The monarchy in Thailand is like everywhere, but if you don't respect it, you will be harshly punished. Even the international press - BBC etc - and books, have very little room for manœuvre” A Thai reporter The crime of lese majeste has been in the Above all, this offence prevents the press criminal code since 1957 and its existence from working freely on subjects linked to has never been questioned. However, this the monarchy. Reporters Without Thailand : majeste and emprisonment : the abuses in name of lese Censorship 3 Borders recorded more than a dozen the crime of lese majeste. A member of press freedom violations during 2008 the opposition coalition, Suchart (threats against media and journalists). In Nakbangsai, chose to leave the country in this respect, the comment of Arnaud January 2009 for fear of being accused of Dubus, of French daily Libération in lese majeste after pronouncing a speech Bangkok speaks volumes: “I do not recall a about the country's political situation. single case of a Thai journalist being accu- Since it came into power, the current sed of lese majeste. They know the rules government has ceaselessly announced very well and censor themselves. If a Thai new measures to “protect the king's journalist criticised the royal family, there image” and raise awareness of the “loyalty would be no doubt about the punishment: everyone must have towards him”. straight to prison”. Supinya Klangnarong, coordinator for the Internet : presumed guilty? Bangkok-based Thai Netizen Network said, “The authorities might think that the As in most Asian countries, the Internet punishment and penalties provided in the has become more and more popular as a Computer Crime Act are not severe means of communication. It fulfils the cri- enough. While the Computer Crime Act tical role now ceded by the media when it keeps surveillance on Internet users, the comes to the king. Internet-users find it a lese majeste crime represses them”. So space for free expression and exchange. Internet-users can be acted against for Some 14 million Thais go online every day their opinions as a result of posts on a - 500 times more than in 2000 . Most of personal website, like the academic Giles them get connected in cybercafés (not Ji Ungpakorn, or even for a simple com- exceeding 0,50 euro an hour) or through ment on another website like Internet- their work computers in the office. user Suwicha Thakor. The Computer Crime Act that came into Faced with the strengthening of judicial force in 2007 obliges Internet service pro- means to keep Internet-users under sur- viders to keep individual information on veillance, the Thai Netizen Network met Internet users for 90 days.
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