94
Pirongrong Ramasoota
L è se-majest é is also classifi ed under Offenses Relating to the Security of the Kingdom
in Thailand ’ s penal code. It has always been part of the code and rarely subject to
change since its inception in 1957. Thai authorities treat l è se-majest é as a matter of
national security, and cases of l è se-majest é usually entail severe punishment. This fact
is evident in section 112 of the penal code, which reads, “ Whoever defames, insults,
or threatens the King, the Queen, the Heir-apparent or the Regent, shall be punished
with imprisonment of three to fi fteen years. ”
33 The royalist Democrat government,
which has ruled since late 2008, recently proposed to Parliament a legal amendment
that will raise prison sentences for l è se-majest é to a maximum of 25 years. The amendment will also add a maximum fi ne of one million baht (about USD 28,500). Currently,
l è se-majest é carries no fi ne.
An analysis of legal prosecutions related to Internet content since the 2006 coup
shows that l è se-majest é was the leading offense. When bringing charges of defaming
the monarch on the Internet, the police will usually cite section 14 of the computer
crime law together with section 112 of the penal code, since the offense is covered by
provisions in both pieces of legislation. See table 5.4 for analysis of prominent cases
of Internet content offenses during the post-2006-coup period.
Of all the content offenses charged, the only unresolved case is that of Chiranuch
Premchaiporn, webmaster of Prachatai. The interesting point about Chiranuch ’ s case
is that she was fi rst charged with only the computer crime law under an intermediary
liability charge because the alleged l è se-majest é comment was posted by a forum user
and not by herself. However, in September 2010 she was arrested on multiple charges
including l è se-majest é for an interview published on the Web site in 2008 with a man
who was arrested and charged with l è se-majest é for refusing to stand up during the
royal anthem in a movie house.
34
It should be noted that l è se-majest é cases have also increased offl ine. From 2008
to 2009, at least four cases were charged, alongside those in cyberspace:
• A local man, Chotisak Onsoong, went to a movie and refused to stand up while the
royal anthem played before the movie. He was later arrested after the movie operator
reported him to the police for an act deemed an insult to the king.
35
• An Australian man, Harry Nicolaides, was arrested and sentenced to three years in
prison for having published a book that defames the crown prince.
36 He later received
a royal pardon and was immediately deported to Australia.
• Political science professor Giles Ungpakorn was summoned for questioning for an
alleged l è se-majest é charge. He later fl ed to England, for fear of not getting a fair trial.
37
• Political activist Daranee Chancheongsilapakul, also known as Da Torpedo, was
convicted of l è se-majest é and sentenced to a combined jail term of 18 years. Daranee
reportedly made a series of infl ammatory speeches against the king and the 2006 coup
at one of the red-shirt political rallies.
38
Pirongrong Ramasoota
L è se-majest é is also classifi ed under Offenses Relating to the Security of the Kingdom
in Thailand ’ s penal code. It has always been part of the code and rarely subject to
change since its inception in 1957. Thai authorities treat l è se-majest é as a matter of
national security, and cases of l è se-majest é usually entail severe punishment. This fact
is evident in section 112 of the penal code, which reads, “ Whoever defames, insults,
or threatens the King, the Queen, the Heir-apparent or the Regent, shall be punished
with imprisonment of three to fi fteen years. ”
33 The royalist Democrat government,
which has ruled since late 2008, recently proposed to Parliament a legal amendment
that will raise prison sentences for l è se-majest é to a maximum of 25 years. The amendment will also add a maximum fi ne of one million baht (about USD 28,500). Currently,
l è se-majest é carries no fi ne.
An analysis of legal prosecutions related to Internet content since the 2006 coup
shows that l è se-majest é was the leading offense. When bringing charges of defaming
the monarch on the Internet, the police will usually cite section 14 of the computer
crime law together with section 112 of the penal code, since the offense is covered by
provisions in both pieces of legislation. See table 5.4 for analysis of prominent cases
of Internet content offenses during the post-2006-coup period.
Of all the content offenses charged, the only unresolved case is that of Chiranuch
Premchaiporn, webmaster of Prachatai. The interesting point about Chiranuch ’ s case
is that she was fi rst charged with only the computer crime law under an intermediary
liability charge because the alleged l è se-majest é comment was posted by a forum user
and not by herself. However, in September 2010 she was arrested on multiple charges
including l è se-majest é for an interview published on the Web site in 2008 with a man
who was arrested and charged with l è se-majest é for refusing to stand up during the
royal anthem in a movie house.
34
It should be noted that l è se-majest é cases have also increased offl ine. From 2008
to 2009, at least four cases were charged, alongside those in cyberspace:
• A local man, Chotisak Onsoong, went to a movie and refused to stand up while the
royal anthem played before the movie. He was later arrested after the movie operator
reported him to the police for an act deemed an insult to the king.
35
• An Australian man, Harry Nicolaides, was arrested and sentenced to three years in
prison for having published a book that defames the crown prince.
36 He later received
a royal pardon and was immediately deported to Australia.
• Political science professor Giles Ungpakorn was summoned for questioning for an
alleged l è se-majest é charge. He later fl ed to England, for fear of not getting a fair trial.
37
• Political activist Daranee Chancheongsilapakul, also known as Da Torpedo, was
convicted of l è se-majest é and sentenced to a combined jail term of 18 years. Daranee
reportedly made a series of infl ammatory speeches against the king and the 2006 coup
at one of the red-shirt political rallies.
38