Lèse majesté charges have been filed by a Prachatai reader and information from the police reveals that he has filed lèse majesté charges against at least 15 people based on comments on three articles on Prachatai.
Filing cases under Article 112 of the Criminal Code, known as the lèse majesté law, is coming under criticism both domestically and internationally, in terms of both the law and its application. Former Prime Minister Anand Panyarachun said earlier this month that the application of this law is too harsh, especially in that it allows anyone to file a case. He suggested that there could be an agency set up specifically to file cases in order to prevent abuse of the law as a political tool, and that the severity of the penalties should be lessened.
Even though the lèse majesté law has been widely criticized, statistics on charges filed under Article 112 of the Criminal Code have increased dramatically since the 2006 coup. In 2010 alone there were 478 cases, 3 times those of 2009 which had 164 cases in all, with 126 in 2007.
In the past 4-5 years of especially heightened political conflict in Thailand, Prachatai’s comments section has been available. Those who have posted there have come from various political ideologies and ideas. However, in the past one year or so, the atmosphere in the comments sections has been smoldering with the use of the lèse majesté law by a user “I Pad” whose opinions were often expressed with hate speech and who attacked those with different opinions. He also frequently threatens to sue fellow users under the lèse majesté law.
Prachatai has followed up three charge sheets posted by I Pad to confirm that he really has filed charges, and found that he has charged 15 people, including other Prachatai comment users and the Prachatai webmaster and editor, at Roi Et Provincial Police Station. According to official documents, the complaint’s name is Wiphut Sukprasert, a resident of Roi Et, and a political activist with the PAD.
Details of each complaint lodged.
November 1st, 2010
Wiphut Sukprasert lodged a complaint with investigative police at Roi Et Provincial Police Station. Five people were charged. Four were Prachatai comments section users and one was the Prachatai webmaster.
He accused those persons of defaming, insulting or threatening the King, the Queen, the Heir-apparent and the Regent.
According to the daily complaint report, there is no text or URL cited by Wiphut as a breach of the law.
December 6th, 2010
Wiphut Sukprasert filed charges of lèse majesté with investigative police at Roi Et Provincial Police Station against 10 people; eight are users of Prachatai’s comments sections, one is the Prachatai webmaster and one is the Prachatai editor.
According to the daily complaint report, there is no text or URL cited by Wiphut as a breach of the law.
August 11th, 2011
Wiphut Sukprasert filed charges of lèse majesté with investigative police at Roi Et Provincial Police Station against three people; one is a Prachatai columnist using a pen name, one is a users of Prachatai’s comments section and one is the Prachatai webmaster.
According to the daily complaint report, there is no text or URL cited by Wiphut as a breach of the law.
When I pad threatens to sue someone making a comment on Prachatai, he sometimes posts a copy of police reports by investigating officers to show progress in the case.
The case of I pad, or Wiphut Sukprasert, is an example of anyone being able to file charges against anyone under Article 112 of the Criminal Code. Wiphut is an example of a person who is not connected with the monarchy but who uses this law to attack those who have different opinions from himself, having no patience to debate with reason and principles. Meanwhile Roi Et Provincial Police Station is becoming one cog in the Thai justice system that only abuses the law to curb citizens’ freedom of expression.
A close watch is being kept on Wiphut Sukprasert and Roi Et Provincial Police Station to see if they will become the private individual and police station with the most charges in Thai history.
The widespread use of the lèse majesté law -- and the fact that anyone can use it against others while officials accept the complaints – has significantly increased the number of lèse majesté cases. The polarization of Thai politics has also contributed to the debate about Thailand’s main institutions. Even though freedom of expression is a basic right, as mentioned in the US Embassy’s expression of disappointment at the lèse majesté conviction of Joe Gordon, the principle is still to be proven in Thailand, not only by the authorities but also by the Thai people.
