Lawyers, Scholar, Ex-Leader – Thailand’s Royal Defamation Laws Snare More

The youngest child of Arnon Nampa runs in the direction of the sound of chains.

The 3-year-old’s only recollections of his father, a well-known human rights attorney and advocate, come from observing him in court—not because of his efforts to represent others, but due to the many lese majeste charges brought against him, Thailand’s extremely rigid law regarding royal insults.

He recalls Arnon with his closely cropped hair, leg irons, and prison attire,” Pathomporn, Arnon’s wife, said to the Muara Digital Team. “Every time we pass by the court, he says, ‘We are going to see Dad.’

Arnon received a total of 29 years in prison due to charges related to insulting the monarchy, and his case has made him well-known throughout Thailand, where showing absolute respect for the royal family is required and strictly maintained.

The father of two, facing four serious charges, might spend over 60 years in prison for delivering speeches that advocated changes to the nation’s influential monarchy.

“Our oldest child is asking every day when we’ll be reunited. It’s always a sad and uncomfortable situation since we can’t provide the children with clear answers,” said Pathomporn, who asked to be referred to by her first name only.

Arnon is among 281 individuals accused of lese majeste in Thailand since 2020, as reported by the Thai Lawyers for Human Rights (TLHR) human rights organization. These cases include regular citizens, advocates, and aAmerican scholar, and children.

The list also features a former prime minister.

On Friday, Thaksin Shinawatra, Thailand’s billionaire former leader and still one of the nation’s most powerful and controversial political figures, will learn the outcome of his much-anticipated lese majeste trial.

Here’s what to know:

What is lese majeste?

The offense of defaming the royal family is a legal provision upheld by certain monarchies globally. Howeverfew are stricter than in Thailand.

Individuals who are convicted of criticizing, insulting, damaging the reputation of, or threatening the monarch, queen, or future ruler may face imprisonment ranging from three to 15 years per charge, with certain sentences extending beyond that.50 years.

Even discussing the royal family isfraught with risk, as grievances may be submitted by any individual, ranging from authorities to the general public, and law enforcement is required to examine such matters.

Proponents of the law argue that it is necessary to safeguard the monarchy from potential dangers or damage, ensure the institution’s central role in Thai society, and uphold public stability.

“It is a law designed to safeguard the head of state,” stated Tul Sitthisomwong, a physician and pro-royalist advocate, drawing parallels to similar laws in other countries that protect the state.

However, human rights groups and advocates for free speech have consistently claimed that the law has served as a political instrument to suppress discussion and mute those who criticize the Thai government, while also protecting the monarchy from examination and changes. In recent years, cases related to lese majeste have risen during periods of anti-government protests.

Even tourists visiting Thailand, one of the most well-known travel spots globally, should be cautious with their words and writings.

“The danger of facing prosecution or charges under lese majeste remains ongoing if you are in Thailand,” stated Akarachai Chaimaneekarakate, the advocacy lead at TLHR.

Skyrocketing cases since 2020

The number of lese-majeste cases has significantly risen during the reign of King Maha Vajiralongkorn, who took the throne in 2016 after the passing of his father, Bhumibol Adulyadej, a monarch whose rule spanned over seven decades.

On August 3, 2020, Arnon Nampa was among multiple individuals who delivered a speech at a pro-democracy demonstration in Bangkok that had a “Harry Potter” theme, focusing on reforms related to the monarchy.

This was the first instance where debates about changing the monarchy became public, and the speech ignited widespread youth-driven demonstrations across the country, with millions calling for constitutional, military, and democratic changes, including modifications to the influential monarchy.

“That’s the speech that truly shattered the barrier on what can or cannot be expressed about the monarchy, it really broke the taboo,” said Akarachai.

Because of that speech, Arnon was accused of breaking Section 112 of Thailand’s Criminal Code – which deals with defamation of the monarchy – and was first given a four-year prison sentence, which was later lowered to two years and eight months.

However, Thailand’s young people became energized, and their demonstrations, which were eventually suppressed by the government, sparked a progressive political movement that resulted in remarkable electoral success at the polls three years later.

Since those demonstrations – and due to them – the number of lese majeste cases has greatly increased.

From 2014—when TLHR was established—until 2019, 65 individuals faced charges of lese majeste, as reported by the organization. Since 2020, this figure has increased to 281 people, with nearly 2,000 individuals prosecuted for political protests or expression, according to the group.

Even Tul, who has been a prominent and outspoken supporter of lese majeste — and has personally filed a case against demonstrators — admitted that the law has been abused as a political instrument.

“The law is inherently sound, but the issue arises from those who apply it,” he stated.

What challenges do individuals in jail encounter?

The conviction rate for lese majeste offenses is approximately 80%, with prosecutors bringing charges in about 99% of cases, according to TLHR. This high rate is notable considering the law is ambiguously written and there is no official legal definition of what constitutes lese majeste.

Hearings and cases are becoming more hidden, according to Akarachai’s group.

Individuals accused of lese majeste may endure several months or even years in pre-trial detention, dealing with the tight and difficult conditions of Thai prisons prior to obtaining a court decision.

“Arnon has shed approximately 10 kilograms since being incarcerated. His hands are chapped and coarse. The only bedding he receives is a mattress that’s roughly one inch thick and a lightweight blanket. He resides in a cell shared with almost 30 other prisoners. The cell includes a toilet, yet lacks a door,” stated Pathomporn.

The Digital Team has contacted the Department of Corrections for a response.

Other Thai pro-democracy advocates have told the Muara Digital Team about the impact that being charged with lese majeste has had on their physical and mental well-being, the challenges of maintaining employment due to the need to attend court sessions every week, and the resulting tension within their families. The risk of lengthy prison sentences has prompted some young individuals to leave the country, abandoning their families and previous lives.

Some individuals who have committed acts of high treason have initiated a hunger strike while incarcerated.

In May 2024, Netiporn “Bung” Sanesangkhom, 28, passed away due to a “sudden cardiac arrest,” according to officials, after going on a 65-day hunger strike while being held in jail awaiting trial, in a case that generated demands for changes in the judicial system.

Noticing a requirement to assist individuals facing political charges, Pathomporn established Freedom Bridge, an organization offering financial aid and additional support to political prisoners and their families in Thailand.

Her group purchases food, medication, and additional items for prisoners, and provides assistance to their families with the added financial strain.

According to her, for families where the head of the household has been incarcerated, the situation is very challenging both emotionally and physically.

Many of these families aren’t financially stable. They manage day by day… Additionally, those outside often find themselves accumulating more debt.

‘Chilling’ effect on freedoms

In April, well-known American scholar Paul Chambers was taken into custody at his residence in northern Thailand, facing charges of lese majeste and denied the opportunity to post bail.

A political science professor at Naresuan University in Phitsanulok, a northern province, Chambers had spent many years researching Thai civil-military dynamics but caused the anger of a local army commander.

“I believed there was a chance it might happen, but I never truly anticipated it, as I had never written or published anything regarding the king,” Chambers said to the Muara Digital Team.

Chambers characterized the case as “extremely weak” and stated, “it’s evident that someone had a motive, and they misused this law to target me.”

“That has occurred to numerous individuals,” he stated.

Chambers remained in the prison’s main inmate area for two days prior to being released on bond.

I was extremely frightened,” he stated. “I also had prisoners constantly asking me why I was in jail… They would glance at one another and say, ‘what, you were insulting my king?’ And that made things even more terrifying.

The allegations, which consisted of a single charge of lese majeste and another under the Computer Crimes Act, were eventually dismissed.

However, Chambers was still dismissed from his university position, his visa was canceled, and he was effectively sent back out of the country – forcing him to leave his wife and a life that had been established over 30 years in Thailand.

Chambers feels his case was undeniably political, illustrating how lese majeste is employed to suppress dissent not only against the monarchy but also the broader Thai system.

“There are various aspects of the elite class in Thailand, yet all these elites revolve around the monarchy, with the military being one component of this elite group,” stated Chambers, who continues to serve as a visiting fellow at the Institute of Southeast Asian Studies.

He stated that the military is increasingly turning to the courts to target individuals it considers adversaries.

“When a strong organization fears that its interests are under threat, such as when I was discussing the economic dominance of the military, once you sense your interests are being challenged, these institutions start to file accusations,” said Chambers.

In addition to lese majeste, other laws like sedition, defamation, and cybercrime are frequently employed to suppress a broader range of government criticism, according to critics.

Advocate for changing the legislation

In January, United Nations expertspressed Thailand to abolish its lese majeste law, stating that such laws “do not belong in a democratic nation.”

There have been recent but failed efforts to change the law, and many Thais back reform, even with the dangers involved.

The Forward Movement Party, which emerged from the remnants of the 2020 demonstrations, secured the highest number of seats in the 2023 general elections with a focus on broad institutional changes. A key element of their successful campaign was proposing revisions to the lese majeste laws.

Although the party secured the highest number of seats in parliament, it was unable to establish a government as conservative legislators had concerns about the party’s plans for royal reforms.

Thailand’s Constitutional Court ordered the partyto conclude its lese majeste campaign, and alleged that its leaders were attempting to topple the constitutional monarchy. The same court subsequently ordered the partyto disband.

The decisions dealt a significant setback to Thailand’s progressive movement, and essentially made it legally impossible for any party or individual to advocate for changes to the lese majeste laws without breaching the constitution.

An amnesty bill, which is currently being considered by the parliament, has brought new hope to individuals who are detained due to political reasons, although lese majeste is not expected to be part of it.

For Thaksin, the former prime minister and former owner of Manchester City Football Club who was removed in a 2006 coup, his charge of lese majeste relates to statements he made to a South Korean media organization ten years ago.

The legal battle against him might significantly impact the future of one of the nation’s most influential families.

Thaksin established a renowned political dynasty that has influenced Thai politics in various ways over the last two decades, with four prime ministers in its ranks. However, his populist approaches were strongly opposed by the nation’s wealthy elites and conservatives, and he faced persistent corruption accusations which he consistently denied.

Thaksin’s daughter Paetongtarn Shinawatra wasrecently suspendedas the prime minister and the Constitutional Court will determine her fate next week.

“The conservative factions can consistently retain these cases in their possession, similar to a card game, and they can have these elements always prepared for use, and bring them into action instantly if they choose,” said Chambers.

For additional updates from the Muara Digital Team, sign up for news and newsletters by creating an account atMuara Digital Team

Leave a Reply

Your email address will not be published. Required fields are marked *