Facebook users who “share” or “like” content that insults the Thai monarchy are committing a crime, Minister of ICT Anudith Nakornthap said this week. Even repeating the details of an alleged offense, such as on social media sites like Facebook, is illegal under the lese majeste law and the related Computer Crimes Act which says that spreading illegal content, either directly or indirectly, is a crime.
On 8th December, the criminal court will deliver the sentence of Joe Gordon, a Thai-born American who has been held since May for translating excerpts of a locally banned biography of King Bhumibol Adulyadej and posting them online. Gordon pleaded guilty to the alleged crimes committed years ago while living in the U.S. state of Colorado. The case has raised concerns about the reach of Thai law and how it is applied to both Thai nationals and foreign visitors.
“Anyone who is accused can be prosecuted, even foreigners using the Internet outside of Thailand”, said Anudith. “If a foreigner abroad clicks ‘share’ or clicks ‘like,’ then the Thai law has no jurisdiction over that, but if there is a lawsuit filed and that person then comes into Thailand for a holiday, then that person will be prosecuted.”
Critics worry that Web users may not know they are committing crimes. “You have to understand that once you click ‘like’ on your wall, it will show up in your friends’ feeds that you clicked ‘like.’ It can be considered as indirectly publishing that page,” said Chiranuch Premchaiporn, executive director of independent news website Prachatai.com who faces 20 years in prison herself for failing to remove allegedly offensive online reader comments quickly enough.
Lese majeste arrests and convictions in Thailand have spike in recent years causing website owners and Facebook user to practice self-censorship in fear of being accused of being anti-monarchy. Last Wednesday, Thailand’s criminal court sentenced Amphon Tangnoppakul, a 61-year-old grandfather, to 20 years in prison for sending four mobile phone text messages to a personal secretary of then-Prime Minister Abhisit Vejjajiva that were deemed offensive to the queen. He denied the charge.
Main Source: AP
This is a crime so the foreign tourists should be aware before commenting on these sensitive things.
Thailand’s reputation is so damaged now, I would not be surprised if tourism falls to a record low next year.
I doubt that will happen. People said that after the red shirts riots and the seizure of the airport, but we still saw a quick recovery and record number of tourists.
Hi Richard,
FYI, In fact the yellow shirts are who riots and the seizure of the airport, then is out coming the red-shirt after that.
I meant that as two different incidents. Last one that caused people to cancel holidays was the “burning of Bangkok”. Then before that the seizure of the airport. Thanks for clarifying.
After years of living in Thailand, I’m moving back to Europe. I need to live in a country with freedom of speech and not this banana republic.
No its a Kingdom not a republic (with or without banana’s)
Please moving soonest i will happy with that.
This rule issue since from 200 year ago
I think we happy with that if don,t touch this rule
Exactly.
Well being locked up for 50 years for LM is only part of the dangers currently to consider.This week the Japanese were told that one of their photo journalists was murdered by Royal Thai Army troops,and was either randomly gunned down,or picked off by one of the smiling Royal Thai Army snipers who had taken over most of the Hotels in the Ratchaprasong area.The Chlorpyrifos poisoning and eight deaths at a Chiang Mai Hotel in Feb also has some explaining to do,but hey,as yet there’s been very little honest enquiry.All this,and the lack of law as usual,is swept under the carpet,by the TAT and it’s stooges.
Darren, sounds like you have a chip on your shoulder. In all the 17 years I have been in Thailand I have never been robbed, mugged or cheated on. Sure it happens, but then, doesn’t every country have its problems? If you think Thailand is so dangerous for you, why don’t you go and live in the UK. Surely you cannot tell me that the UK police have never gunned down an innocent person, that you never had riots where people burned down private property, and that no-one has died from a mysterious and unexplained disease? Thanks, but no thanks. Despite all its faults, I rather live in Thailand where I feel safer.
agree with Richard.. for all its shortcomings, thailand is awesome.. LM laws can be tricky but all you need is cultural sensitivity for values and norms.. no doubt tourism will remain healthy in the coming years
What a load of nonsense. THe LM law is a grotesque attack on the rights of Thais and non-Thais alike, in place for no reason than to secure the power of the elites. It is no more justifiable than the oppressive policies of communists, despots and Arab dictators.
Thailand is an awesome place, but that’s no reason to start excusing human rights abuses and pretending it’s just a matter of cultural difference.
I am not excusing it. I am very much against the lese majeste law. If you have followed me on Twitter then you would know then I am a very vocal advocate against it. I just strongly feel that painting monkey faces on the king, calling for his death, and everything else that is being done doesn’t really help but just gives them more reason to justify this law. By all means boycott the country. That is your personal right. But don’t try and end the lese majeste law by attacking an old man who is virtually defenceless. The people that are upholding this law are the ones that surround him. The so-called “elites” as you say.
Like I said before, I think we all agree that the “lese majeste” law is wrong. But what we seem to disagree on is the method of bringing it down. Let’s leave it at that shall we?
Lese Majeste is used to protect the established elite and ruling army. That’s all. Now people are forced to love the king or else they go to jail if they speak against it. So nobody ” really wants to talk about it ” if you bring the subject forward.
So, in Thailand, some people can criticize everyone else (that is allowed), but they cannot be criticized by everyone else because that is not allowed? I am asking because I am not sure. Did I get this right?
Direct criticism is not taken very well in any Asian culture. It is the same in Thailand. In the West constructive criticism is encouraged. However, here it is seen as being wrong as it makes someone to lose face. There is no right or wrong here. Each culture has their own reasons for doing things. But, if someone here goes around telling people a lie about you, you can go to court the same as in Canada. There are different forms of criticism. The King himself, in his birthday speech, said that he can be criticized.
Richard, I’ve read your wall for a little bit. And already I’m thankful for your kindhearted and understanding you have toward our culture and the way we love our King. I realized that it’s just difficult for westerners to understand why we can’t criticize the King or The royal members. I believe if you were born as a poor in this country. And see how the King tremendous works help improve your life. You can only feel grateful and remember how lucky you are to have a King like him. He’s been working SO hard his whole life. Places after places that no others go. No matter how rough the ways are, how far he has to walk on his feet, if he knows that he could help his people by going there, he does just that. Thousands of project that came from him astoundingly revitalized both nature and lives. A King who works so hard only because he wants to see his people happy and live better. What on earth can make you not love him and want to bad-mouth him? What I feel toward him is the very same way I feel for my biological father. He’s not just a king who do nothing and just being a king. Hope this could help you understand Thai people in this issue even a little more. I’ll be happy. Thanks again Richard
)))))) I really appreciate you appreciate my country.
Speaking as someone who has spent several extended holidays in Thailand, and who basically loves the place, I have to say that from now on I will not only never go there again, I will actively campaign for a tourist boycott of the country. I’m a Republican, always was, always will be, and this utter denial of Freedom of Speech, that most basic of Human Rights, is totally unacceptable to me.
People say that, but I have heard just as bad stories from both the US and UK of people being jailed for things they posted on Facebook or said on the radio. If you don’t like it, then just stay away. Why start a hate campaign? Surely you are just contributing to the problem?
I am Thai-born and now living in USA. This is Thai politic. You are not Thai. Therefore, you should stay aware from it.
Thai people also noticing that this Law is not acceptable also. When time comes, it will be a revolutions. Everything is about time, education, learning, social media.
I admit that Thailand is still a low-developing country. However, we are trying best to improve our country as best as possible.
Please be open-mined as an educated person. If you have closed mind, it means that you do not understand we thoroughly.
I hope you understand our culture better from now on.
I’m not starting ‘hate campaign’ as you suggest. I’m starting a campaign fir Freedom of Speech. If you can’t see the difference……. And yes, I WILL be staying away, and will be encourageing all other potential tourists to do the same.
With all due respect, then why don’t you start this campaign in your home country? Weren’t some teenagers recently sent to prison for 3 years for something they wrote on their Facebook page in the UK? I am sorry, but I cannot really see the difference. I don’t personally agree with lese majeste, but it is the law of the land. I don’t think I have any right to campaign for it to change. That is something for the Thai people to do themselves. They last thing they need/want is outsiders telling them how to run their own country.
I am indeed thinking of starting a proper campaign, and of course it will go global. No, a couple of teenagers were jailed, as I understand it, for inciting violence via facebook, and I think the sentence was much less. But there’s a massive difference between inciting violence and simply exercising your basic Human Right to Freedom of Speech. Sadly you do not appear to either understand or agree with that right.
You mean it is a basic human right to paint a face of a monkey on the face of an old man? Sure, please do go ahead and defend that kind of person. To my mind it is cowardly to attack someone who cannot defend himself (he didn’t pass the lese majeste law nor does he use it in his defense).
I really find it hard to understand people targeting Thailand when their own country has just as bad if not worse human rights abuses. I understand freedom of speech, but laws in the UK are just as strict. Do some research.
A five second google search and I found this man sentenced to 8 months for posting sectarian comments on Facebook. Doesn’t he have freedom of speech? (http://www.bbc.co.uk/news/uk-scotland-glasgow-west-15333744)
Another search found this man sentenced to 4 years for using Facebook to express his opinions during the recent UK riots (http://zeenews.india.com/news/world/uk-riots-4-year-jail-term-for-facebook-incitement_742238.html)
These two youths weren’t involved in the rioting, but voiced their opinion on Facebook. But the UK courts sentence them to four years. Don’t you think they have a right to freedom of suggestion? (http://www.socialequality.org.uk/content/youth-sentenced-years-jail-posting-facebook-notices-during-british-riots-0)
There’s more.
“…and of course it will go global”
I think you need to learn that the age of colonization is over.
Yes, Thailand has problems and isn’t perfect, but if you are so keen on freedom of speech, clean up your own backyard first before you go preaching abroad.
Mr.Barrow! You are a fantastic smart and reasonable. Should have much more people like you!!! I like to read what you wrote. I can see how generous you are…try to help people to understand the fact of the world.
Wowww! I just love you for that.
My last comment has ben censored, so let’s try this. Your suggestion that posting non-violent Republican comments, or even clicking ‘like’ on a facebook page is somehow equivalent to saying ‘I hope all catholics die’ or asking for violent riots is absurd. There are many millions of us Republicans in Britain, and many more millions throughout Europe, Australia, Canada, and New Zealand, and if Thailand now wants to imprison us all, well, I’m gonig to let them know. That’s NOTHING WHATEVER to do with imperialism, it’s simpky warning them that they are, as your own article warns us, liable to arresy and imprisonment for thought crimes, ie failing to support the absurd and immoral system that is monarchy.
PS. If the Thai ‘king’ doesn’t want and/or support these laws I have no doubt whatever that a few words would be enough to have the law changed. After all, he’s so revered that the entire population would do anything for him, no?
You obviously didn’t read the transcript of his birthday speech a few years ago. He did exactly that. But he doesn’t have any power in the courts. I do believe in time this law will be amended or repelled. But that is for Thai people to do, not us.
See: http://www.bbc.co.uk/news/world-asia-15933267
I’ve had to delete and censor a few anti-monarchy comments over night. I’m sorry, but even though I don’t agree with the lease majeste law I still have to abide by it. If I allow for threats against the monarchy to remain here, then I am just as guilty as the person who wrote them. I am not going to prison for comments by a republican who is not even Thai.
I certainly haven’t made any threats against anybody, and to suggest that I have is a lie. No, I haven’t read the speech you apparently refer to, but if he really said and meant it, why hasn’t it been acted on? Of course, I would neither want nor hope that you would go to prison for any comment of mine or anyone else – but that, surely, simply points out the absurdity of the law. Having said that, it is of course for the Thai peope to make their own laws, but here in the west we must beware of laws that could easily imprison us for what are commonly held beliefs, namely Republicanism.
I didn’t say it was you, which is why your comments remain here. People, like myself, who are against the lese majeste law have referred to that speech of the king many times. I also linked to it last week on twitter as well as that EU article on the BBC. It is in English and easy to find on the internet.
I think we both agree that the lese majeste law should be repelled or at the very least amended. Where we disagree is the method of the way that should happen. Let’s just leave it at that shall we?
Democracy is “Popular Vote”. If the majority believes that it should be so, then it will be.
Unfortunately, the “minority” will have to agree by it. No matter how “ridiculous” it may seem to others.
To combat this, is to go against the majority, and hence undermine the very concept of Democracy itself.
Chill people. This is a Law in Thailand. As Richard said before, if you like it here, then, zip up.
Cultural Diversity is what makes this planet exciting anyway….
Can I make a serious appeal to both king and govt. if Thailand? Get rid of these laws ASAP. Not only do they not work, they’ll damage both Thailand’s international standing and economy. I was planning yet another couple of months in the Ko Rscha, Krabu, Phi Phi area for Christmas 2012, but now I don’t feel safe. I’ll probsbly try Indonesia or the Phillipines instead.
It doesn’t hurt putting that kind of message out. They are more likely to listen if people state this calmly than if they are aggressive. I think if more people send this same message then they just might listen.
@Richard Vernon
If you are headed to Indonesia, look out for FPI (pronounced as “Ef Peh Ee” by Indonesians)
Also look out for the “Death Squads” while in the Philippines.
And for heaven’s sake, stay the hell away from the Island of Mindanao !!
The NPA, the Suluks, The Moro, and the Abu Sayaf are not known to be kind to their hostages….
Google “decapitations”, and the countries which you mentioned to see for yourself.
I’ll gladly stay in Thailand myself. Thank You
20 years in prison for texting to a personal mobile phone is not an exitment you should get from so called ‘cultural diversity’ at all.
The country has problems not only with the law itself but also with their judiciary system, especially, how the court and the prosecutors handle lese majeste cases.
I want to express more on this. But I cannot do so …
I agree with you there. It is unfortunate we cannot comment on the verdict of this case as that would mean contempt of court and a prison verdict. Sad but true.
@R. Hernandez, IMHO, I see no fault committed by the King of Thailand.
You can lament about how Thai Politicians abuse those Laws.
Want a place to mouth off your words?
How about the Sultan of Malaysia clubbing his caddie to death instead?
It’s all over the news (albeit old):
http://www.google.com.sg/search?gcx=c&sourceid=chrome&ie=UTF-8&q=sultan+kills+caddie
Alternately, how about the King of Brunei and his harem?
Read all about it in this runaway-besteller:
http://www.amazon.com/Some-Girls-My-Life-Harem/dp/0452296315
It comes down to what I said before, and I’ll repeat it for the last time:
“If this is the decision of the people, then it is what they shall live by. No matter how absurd it may seem to the minority. To go against that, is to undermine the very concept of Democracy.”
I’m a Thai and believe me this law makes me and others feel sick of it. But there’s nothing we can do. I feel grad how foreigners are moving out there for us cuz we can’t do it even we wanted to due to the consequences afterward. Just like we can’t do anything for the death of Red shirts last year. Despite we know who could have stopped the army,and told them to retreat. I was around there on April 10th. I wish that person would have came out Becuz he was the only one who could do it so far,but …. As ya’ll know…..
Who knows it better than Thai People…
We do not say, because we persevere.
We endure because we know that it was not our day.
Some day…
When the sky is bright brilliant colors.
This country will go to the public.
The most worrying thing about this law for foreigners is that it applies to foreigners also when they stay in their home countries, a place where the law is not known. People can be sentenced to years in prison in a country they have never visited because of a law they have never heard of, and then, when they visit Thailand, they get arrested.
Another side of this is that the law, and other defamation laws in Thailand, don’t take into consideration if what was written was true or not, but if it made somebody “lose face”. In other words: No defense can get you off the hook if somebody feels offended. This has been going on among Thai politicians for years now; they sue each other (and journalists) for libel for anything they feel make themselves look bad.
Can anyone answer a factual question? Do these laws apply ONLY to criticism of the Thai king, or is it ANY monarchy? Of course, being a lifelong Republican I am opposed to the entire concept, but is it a crime in Thailand for me, in Britain, to criticize the British monarchy?
It is not the entire Royal Family as the law refers to only the King, Queen and Crown Prince. But, to answer your question, it is possible, in theory, for you to be arrested in Thailand if you insult the monarchy of other nations. The thing is, none of this is automatic. Someone needs to have a grudge against you and report this to the police. The police are then obliged to act otherwise it might be seen that they are supporting the alleged insults. That is the problem I have with the law. People are using this law for their own purpose to silence rivals. For example in parliament. They don’t all care about the insult itself.
Thanks.
I’m with Richard Vernon on this. Thailand is now off my travel agenda permanently since I have a principled objection to monarchy and have been critical of monarchy on various websites. I’ll be taking my money elsewhere thank-you.
It is not surprising that, once this blog had been shared on the British ‘Republican Campaign’ Facebook page, that various “republicans” (aka We Hate The Windsors But Don’t Care About The Constitution) would come calling to offer their meagre two cents worth.
As Richard has said, this is a matter for the Thai people to address. In my view the comments made by Graham Smith (who does not declare that he is the Campaign Manager for the British Republic Campaign), Richard Vernon and Bob Wiggin amount to no more than a form of western supremacism in arguing that the Thai people ought to adopt the values and mores of a different culture – presumably because they feel it is it is “better”. How arrogant! That judgement can only be made by the Thai themselves. (Readers need to be aware that British “republicans” command little more than a sixth of the population when it comes to preferring a republic over our constitutional monarchy; and that actual commentators run no more than an active handful, who share and comment negatively on any and all net & media articles to do with monarchy.)
To argue against a constitutional monarchical form of government is their right of course, they are entitled to their viewpoint; it is just such a shame that they seem unable to raise their game above infantile insults about individual members of the British Royal Family – monkey faces are the least of it – (and of course those who dare to disagree with them) and childish commentary which completely ignores serious constitutional issues about the separation of powers necessary to ensure a stable form of government worthy of the trust of the people.
To paraphrase Prince Phillip: the monarchy isn’t there to serve itself; it’s there to serve the people.
Thanks Hugh, that explains a lot. No wonder there is no reasoning with these guys. I thought they were a bit extreme for people who don’t even live in Thailand.
Now let’s get this straight: if I, a Brit, criticise our British monarchy, that is a crime for which I can be imprisoned in Thailand, yet I am being accused of “Western Supremacism”??? Madness……….
No, it is not madness, it is called respect for heads of state and the monarchy in other countries. Other countries in Europe have this same law. As far as I know, it has never been enforced in Thailand.
In fact I still can’t see what useful purpose these laws serve. If anyone here in Britain makes threats to kill anyone that is a serious criminal offence, regardless of who the threat is directed at. I imagine it is the same in Thailand-so why the need for another law? It seems to me that the ordinary criminal law is sufficient, no?
Well, like I said, that is a matter for the Thai people themselves to deal with. Believe me, there are quite a few who want this law amended as it is not really doing its purpose of protecting the king. Yes, there are libel laws, but that would mean that the king himself would have to go to court to testify. I believe in Denmark that they use the libel law but it is amended so if it is against the monarch then the usual punishment is doubled. I know other countries around the world have lese majeste laws as well. Thailand is not alone in this. The difference is, that the law has been used a lot in the recent years as a political tool to silence rivals. It has got out of hand. Many academics are calling for a change. It will happen eventually.
I am going to have to close these comments later today. On my other blog, people have been posting death threats against the Thai king. Some of them were even using my own name to make it look like I posted them. I do not want to spend 15 years in a Thai prison for the beliefs of other people. This is not freedom of speech.
I certainly wouldn’t want you or anyone else to spend any time at all in prison for anything I’ve ever said. That is one of the reasons why I always use my own, real name. But if the ordinary criminal law is sufficient to protect our monarchy here in Britain, I fail to see why it cannot elsewhere. I also note that you appear to have back-tracked on your assertion that the law is/was necessary to prevent death threats. This, it seems to me, could easily be taken care of by common law.
Is the criminal law in the UK able to protect the monarchy? I don’t want to open a can or worms here but it didn’t really do much to protect Princess Diana. I understand freedom of expression but I think they just went too far. Anyway, nice chatting with you. It is time to close these comments.