Appeal Court sentences former stockbroker to 2 years and 8 months in jail for posting rumors on king's health

 

The Court found Katha guilty on two counts under the 2007 Computer Crimes Act, Article 14 (2) and 14 (3) which state that whoever import to a computer system of false computer data in a manner that is likely to damage the country's security or cause a public panic and whoever import to a computer system of any computer data related with an offence against the Kingdom's security under the Criminal Code, respectively.

 

After the verdict reading, the defendant was jailed at the court on Ratchadapisek road. Since the defendant’s attorney and relatives did not show up at the court, there have been difficulties in the process of submitting the bail request. At press time, Katha was not yet granted bail. 

 

On Dec 25, 2012 the Court of First Instance found Katha guilty on two counts under the 2007 Computer Crimes Act and sentenced him to 6 years in prison, but reduced the prison term to 4 years due to his guilty plea. Katha was granted bail with a guarantee of 500,000 baht in cash.

 

Katha, 39, was found guilty for using username “Wet Dream” to post the two comments in April and October 2009 on a now-defunct anti-establishment Same Sky web forum

 

The first comment, posted in April 2009, was about the royal family and the yellow-shirt movement. The second comment was posted on October 14, 2010, 3pm, which concerned rumours about the King’s health. 

 

In July 2012, Katha  submitted a petition to the Constitutional court to rule whether the Computer-Related Crime Act 2550, Article 14 (2) is an unclear law that provides an opportunity for officials to use an unlimited power of discretion. The Constitutional court ruled in Sept 2012 that Article 14 (2) of the Computer-Related Crime Act aims to protect national security and public order. This is consistent with the rule of law and assigns legal responsibility to individuals in a manner that is right and just to all parties.