Thailand: New government continues to criminalise activists for royal defamation and prosecute protesters

Civic space in Thailand is rated as ‘repressed’ by the CIVICUS Monitor. Civil society has documented a range of violations by the government, including the use of lese-majesté (royal defamation) and other restrictive laws against activists and journalists. There has also been a crackdown on peaceful protests, arrests and criminalisation of protesters, and the use of excessive force by the police.

Thailand’s parliament on 22nd August 2023 voted for real estate tycoon Srettha Thavisin to be the country’s next prime minister, bringing an end to three months of political deadlock. Srettha was the sole candidate put forward by the populist Pheu Thai Party and received 482 votes out of a possible 747 in Thailand’s bicameral parliament. The progressive Move Forward Party, which won the most votes in the national election, was blocked from taking power by conservative senators.

Srettha leads an alliance of 11 parties that includes two pro-military parties affiliated with former Prime Minister Prayuth Chan-ocha, who led the 2014 coup. Move Forward is not part of the grouping.

In recent months, a range of individuals were prosecuted for royal defamation, including activists, students and artists, and were given jail sentences. Some were denied bail. Activists were also sentenced to prison for insulting the court, while a politician was banned from contesting after being accused of insulting royalty. Protesters were convicted for a demonstration against the coup and for contempt of court, while activists were charged over a 2022 protest around the Asia-Pacific Economic Cooperation meeting in Bangkok. In a positive move, three human rights defenders were acquitted of defamation, while the court ordered police to pay damages to journalists shot with rubber bullets.

Expression

Pro-democracy activist and lawyer Anon Nampa convicted for royal defamation

A prominent pro-democracy activist and human rights lawyer was sentenced to four years in prison for a speech he delivered during protests calling for reform of the monarchy.

Anon Nampa (pictured above) was at the forefront of a protest movement that erupted in 2020 when hundreds of thousands of people, many of them young students, took to the streets to call for democratic changes, including to the role of the monarchy.

According to the Observatory for the Protection of Human Rights Defenders, on 26th September 2023, the Bangkok Criminal Court sentenced Anon Nampa to four years in prison on one count of lèse-majesté (Article 112), and a fine of 20,000 baht (approximately USD 556) for violation of the Emergency Decree. The case stemmed from a speech Anon delivered in October 2020 at a peaceful demonstration at Bangkok’s Democracy Monument, where protesters had gathered to call on the government to comply with the three demands put forward by the pro-democracy movement that began in February 2020, including a reform of the Thai monarchy. Anon was charged with lèse-majesté over his statements referring to King Rama X as the person with the sole authority to order the dispersal of protests, instead of the riot police.

This case is the first of the 14 lèse-majesté cases against Anon Nampa. On 30th September he was denied bail.

Article 112 of the penal code criminalises royal defamation - commonly known as the lèse-majesté law - for any criticism of the King or the royal family and carries a punishment of up to 15 years’ imprisonment.

Arrests, detentions and prosecutions have mainly targeted pro-democratic activists and protesters who exercise their right to freedom of expression. According to Thai Lawyers for Human Rights (TLHR), at least 259 people have been prosecuted for political expression and assembly under Section 112 in 281 cases between 24th November 2020 and 27th October 2023.

Pro-democracy protest leader sentenced for royal defamation

On 24th August 2023, Sophon “Get” Suraritthamrong, a leader and pro-democracy activist from Mokeluang Rimnam group, was found guilty of “royal defamation” for his speech during the #TourMooLaPua Protest in April 2022, according to Thai Lawyers for Human Rights (TLHR).

According to the Manushya Foundation, in May 2022, Suraritthamrong was charged for a speech he gave in April 2022 at a demonstration held at the Democracy Monument located in central Bangkok. In the speech he allegedly criticised King Rama X and the Queen. He also criticised the police by stating that the police who served the monarchy institution by ignoring the people were the enemy of the people.

The Criminal Court sentenced him in the case of Article 112 to three years of imprisonment, without the possibility of suspension. Furthermore, he also received a 6-month prison term for using a sound amplifier without permission. In total, his sentence amounts to three years and six months.

TLHR noted that the legal penalty for the use of a sound amplifier is typically a fine of not exceeding THB 200 (USD 5). Get, on the other hand, received a 6 month prison sentence.

Activists and critics prosecuted for royal defamation

In recent months a number of others were also arrested or prosecuted for royal defamation, including students, artists and online critics.

On 21st August 2023, student activist Thanatorn Vitayabenjang was sentenced to one year and six months in prison for royal defamation for reading a statement and giving a speech during a protest in August 2021 at the Three Kings Monument in Chiang Mai. Thanatorn, a graduate from Chiang Mai University’s Faculty of Humanities, was charged with royal defamation and violation of the Emergency Decree.

Student activist Phimchanok Jaihong was sentenced to two years in prison after the Chiang Mai Provincial Court ruled on 6th September 2023 that she was guilty of royal defamation. She was charged for a post on her Facebook profile page saying “The government sucks. The institution also sucks.” Assuming the term “institution” was a reference to the monarchy, the police accused her of royal defamation. Phimchanok was arrested on 18th March 2022 by a unit of around 15 officers and taken from Bangkok to Chiang Mai. She was released on bail but was required to report to the court in Chiang Mai every 12 days, although she lives in Bangkok.

Weeraphap “Rif” Wongsaman was sentenced on a royal defamation charge after allegedly painting graffiti about monarchy reform during a protest at Din Daeng on 13th September 2021. On 28th September 2023, the criminal court sentenced Wongsaman to three years in prison without suspension. The graffiti read “The monarchy should be reformed to be under the constitution”. The court stated that the painted message included offensive words and showed the intention to insult the King, causing damage to the King.

On 28th September 2023, Thirawat Yotsing was sentenced to one year and four months on a royal defamation charge for sharing a Facebook post criticising King Vajiralongkorn's clothes in 2020. He was charged under Section 112 and the Computer-Related Crime Act.

On 11th October 2023, activist Wanwalee Thammasattaya was found guilty of royal defamation and sentenced to two years and eight months in prison over a photo she posted of herself and two other people on 21st November 2020 holding signs at a protest. Wanwalee was charged with royal defamation along with two other protesters after a complaint was filed against them by Sukij Dechkul, a member of the ultra-royalist group Thai Phakdee in Chiang Mai. Sukij claimed that a picture showed them holding signs with messages that insulted the King. The 21st November 2020 protest was organised by the student rights group Bad Student and other pro-democracy activists.

Activist Saharat Sukkhamla, a former novice monk and a graduate from Mahidol University’s College of Religious Studies, was found guilty on 20th October 2023 of royal defamation over a speech at a protest in November 2020. The complaint against Saharat was filed by Ratthanaphak Suwannarat, who claimed that he saw a video recording of Saharat’s speech and noted that it contained insults against the King.

Activists sentenced to prison for insulting the court

On 17th October 2023, the Ratchadapisek Criminal Court found three activists guilty of insulting the court and sentenced them to prison for speeches given during a protest in April 2021 to demand the release of political prisoners.

Bencha Apan, Nutchanon Pairoj and Somyot Pruksakasemsuk were charged for joining a gathering of more than 10 people and not dispersing when ordered to by an official, using a sound amplifier without permission, and violation of the Emergency Decree, for a protest in front of the Criminal Court on 30th April 2021 to demand the release of political prisoners detained pending trial on royal defamation charges.

The public prosecutor indicted them on the grounds that they insulted the judges involved by accusing them of unlawfully and unfairly denying bail for detained activists, causing hatred against the Court and the presiding judges.

Thai Lawyers for Human Rights (TLHR) said Benja and Nutchanon were sentenced to three years in prison and a fine of 30,000 baht (USD 834) for insulting the court. They were also sentenced to six months in prison and a fine of 15,000 baht (USD 417) for violation of the Emergency Decree, as well as a fine of 100 baht (USD 2.80) for using a sound amplifier without permission. Because they gave useful testimony, the court reduced their total sentence to one year and eight months in prison and a fine of 30,100 baht (USD 837) each. Their prison sentence is suspended for two years. They are also required to report to a probation officer four times during the first year and perform any community service required by the probation officer. Somyot was sentenced to two years and eight months in prison for insulting the court. His sentence was later reduced to one year, eight months and forty days in prison.

Association

Politician banned from contesting after being accused of insulting royalty

In September 2023, the Supreme Court’s Criminal Division for Political Office Holders decided to permanently revoke the right to contest elections of former MP of the disbanded Future Forward party Pannika Wanich, after finding her guilty of a gross violation of the ethical code.

The court has also banned her from holding any political post. The charge was filed against her with the National Anti-Corruption Commission (NACC) in June 2019 by serial petitioner Srisuwan Janya, accusing her of posting several images and statements on Facebook which were deemed to offend the monarchy. The court said that she could have deleted all the images and messages from her post, but she chose not to do so, even though doing so would have prevented the effects of those images and messages.

The lifetime ban on running for office comes on top of the 10-year ban handed down by the Constitutional Court in February 2020, when the Future Forward Party was dissolved.

The Supreme Court ruling against Pannika is just the latest in a long line of examples of Thailand’s conservative political and legal establishment closing ranks to block the emergence of an effective anti-establishment alternative.

Three human rights defenders acquitted of defamation

On 31st August 2023, the South Bangkok Criminal Court dismissed the criminal defamation lawsuit filed by Thammakaset against three human rights defenders for their postings on social media about alleged abuse of migrant workers at its farm.

The company filed criminal defamation complaints in 2019 against former National Human Rights Commissioner Angkhana Neelapaijit, former Fortify Rights Senior Human Rights Specialist Puttanee Kangkun and former Fortify Rights Communications Associate Thanaporn Saleephol. The complaint resulted from tweets and retweets in support of other defendants being sued by the company. The tweets also contained a link to an open letter related to defamation cases filed by Thammakaset and a link to a video on labour rights by the human rights organisation Fortify Rights, a group which was also hit with a defamation lawsuit.

The court ruled to dismiss the lawsuit on the grounds that the tweets and retweets were not about the company but contained messages expressing support for other rights advocates being sued by the company.

The UN Human Rights Office (OHCHR) for Southeast Asia welcomed the acquittal, saying that, while charges against human rights defenders continue to be dropped, Thailand’s private sector continues to use strategic lawsuits to harass and silence human rights defenders by putting them through lengthy and costly litigation.

Peaceful Assembly

Seven sentenced for protesting Myanmar coup

On 21st August 2023, seven people were sentenced for violating the Emergency Decree due to their participation in a protest on 1st February 2021 against a coup by the Myanmar junta.

The Criminal Court ruled that the seven had committed offences by violating the Emergency Decree and interfering with the operations of authorities.

Punnaphat Chantanangkul, a student at Thammasat University, was sentenced to twelve months in prison, which was reduced to four months and twenty days. A second defendant was sentenced to three years and one month and fined 40,000 Baht (USD 1,112), which was reduced to one year, six months and fifteen days with a 20,000 Baht (USD 556) fine. The rest of the defendants were sentenced to four years and fined 60,000 Baht (USD 1,668) each. The sentence was reduced to two years and fifty days with a 30,000 Baht (USD 834) fine each.

Activists charged over APEC 2022 protest

On 18th September 2023, ten months after participating in an anti-government protest during the 2022 Asia-Pacific Economic Cooperation (APEC) Economic Leaders’ Week in November 2022, two activists have received police summonses on charges relating to the protest.

Labour rights activist Thanaporn Wichan and a student activist Akhin (pseudonym) were charged for participating in the 17th November 2022 protest at the Asoke Montri intersection. Protesters were planning to march to the Queen Sirikit National Convention Centre, where APEC meetings were taking place, to submit a petition to APEC leaders on human rights violations in Thailand. However, they were prevented from marching by crowd control police, who blocked the Asoke Montri intersection. They then decided to read their statement at the intersection before ending the protest.

Both Thanaporn and Akhin were charged with violation of the Public Assembly Act for not notifying the police that they were organising a protest. Thanaporn was also charged with using a sound amplifier without permission because she was a speaker during the protest. Meanwhile, Akhin was charged with violation of the Act on the Maintenance of the Cleanliness and Orderliness of the Country for using paint during the protest.

Protesters convicted of contempt of court

Two protesters were sentenced to one year in prison for contempt of court after giving a speech in front of the South Bangkok Criminal Court on 15th July 2022 to demand the right to bail for detained activists.

On 19th September 2023, the South Bangkok Criminal Court sentenced Ngoentra “Mani” Khamsaen and Chiratchaya “Ginny” Sakunthong to one year each in prison for using offensive language against the judges. Both accused the judges of misconduct and unfairness in considering the request for temporary release of the detained activists.

They were charged with contempt of court, defamation, and using a sound amplifier without permission at a protest on 15th July 2022. In their speeches, they criticised judges for rulings made in the case of monarchy reform activists Nutthanit Duangmusit and Netiporn Sanesangkhom, who were detained pending trial on royal defamation charges at the time.

Court orders police to pay damages to journalists shot with rubber bullets

In September 2023, the Civil Court ordered the police to pay damages to two reporters shot with rubber bullets while covering a protest in July 2021, as the police did not take care and did not use non-lethal weapons in the proper way. However, the Court ruled that this was not a violation of press freedom or an attempt at intimidating the press to stop their reporting.

While covering a protest on 18th July 2021, Thanapong Kengpaiboon, a reporter for the online magazine Plus Seven, and Charnnarong Ua-udomchote, a photographer for the online newspaper The Matter, were shot with rubber bullets fired by crowd control police attempting to disperse protesters marching to Government House.

Both said that they were visibly wearing the press armband issued by the Thai Journalists’ Association (TJA), which has been used to identify field reporters covering protests since 2020. Thanapong also said that the police issued no warning before firing rubber bullets. They also said that the protesters were not violent at the time they were shot, but the police fired at them indiscriminately, and that they believe the police intentionally targeted journalists.

On 26th September 2023, the Civil Court ordered the police to pay Thanapong 42,000 baht (USD 1,167) in damages and 30,000 baht (USD 834) to Charnnarong. The Court ruled that the police did not take care in their operations.