On this page you will read detailed information about Examining Section 112 of the Thai Criminal Code.
As you examine Section 112 of the Thai Criminal Code, consider how the law affects freedom of expression in Thailand. This section, also known as the lèse-majesté law, prohibits defamatory speech about the king and has faced criticism for limiting dissent. In your analysis, weigh arguments for and against this law, study how it has been applied historically, and reflect carefully on what changes, if any, should be made going forward to balance interests. Approach this issue with sensitivity, recognizing complex cultural dynamics. Ultimately any suggestions must uphold principles of justice while understanding unique aspects of the Thai context.
What Is Section 112 of the Thai Criminal Code?
Section 112 of the Thai Criminal Code, commonly referred to as a law against lèse-majesté, prohibits defaming, insulting or threatening the King, Queen, Heir-apparent, or Regent of Thailand.
- This law is intended to protect the Thai monarchy from threats or defamatory statements that could undermine the institution.
- Specifically, Section 112 states that “Whoever defames, insults or threatens the King, Queen, Heir-apparent or Regent shall be punished with imprisonment of three to fifteen years.”
- Defaming, insulting or threatening covers verbal, written or expressed statements, including electronic communication, that are false or harmful to the person of the monarch.
- The law is broad and has faced criticism for restricting free speech and expression. Supporters argue it is necessary to maintain stability and unity in Thailand.
- Charges under Section 112 must be approved by the Attorney General before police can arrest a suspect. Bail is often denied.
- Penalties if convicted include imprisonment as outlined above. In some cases, additional fines have been issued.
The application of Section 112 remains controversial. Understanding the exact provisions of the law can help one avoid statements that could lead to charges. Any commentary regarding the monarchy should be made respectfully and without malice.
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History and Origins of Thailand’s Lèse-Majesté Law
Thailand’s lèse-majesté laws, also known as Section 112 of the Thai Criminal Code, have been in place since 1908. They were established to protect the monarchy from threats and defamation. However, the laws have been subject to controversy and criticism in recent years.
The origins of Section 112 date back to Thailand’s transition to a constitutional monarchy in the early 20th century. After the transition, laws were put in place to protect the new monarchical system and shield the monarchy from harsh political attacks. The laws initially only criminalized acts that attempted to bring down or undermine the monarchy as an institution.
Over time, the scope of the laws expanded. Successive governments have used Section 112 to suppress political dissent and criticism of the royal family. The maximum penalty was increased from 7 years to 15 years in prison. Prosecutions increased significantly after a military coup in 2014, often targeting activists, academics and journalists.
Critics argue that the lèse-majesté laws are too harsh, can be easily abused for political purposes, and infringe on civil liberties around freedom of expression. There have been calls to reform or repeal parts of Section 112 from international organizations, activists and Thai citizens. However, open debate remains limited due to the sensitivity of the issue.
In summary, while intended to defend the monarchy, Thailand’s lèse-majesté laws under Section 112 have developed to enable prosecution of perceived critics. With origins dating back over a century, calls for reform have increased but changes remain politically challenging. The controversy surrounding the law persists between defenders wanting to uphold tradition and critics seeing impacts on civil rights.
Controversies and Criticisms Surrounding Section 112
Section 112 of Thailand’s Criminal Code, also known as the lèse-majesté law, has been the subject of much controversy and criticism. The law criminalizes any insult, threat, or defamation against the Thai royal family, with penalties of up to 15 years in prison per count.
- Critics argue that the law is too broadly and vaguely defined, allowing it to be open to abuse and used for political purposes to silence dissent. Terms like “insult” and “defame” are not clearly delineated.
- The law has faced accusations of enabling excessive punishment and disproportionately harsh sentencing. Defendants have received decades-long or even lifetime sentences for non-violent speech offenses.
- Free speech and human rights advocates contend Section 112 violates international norms and standards regarding freedom of expression. They argue it is an outdated statute restricting open debate in modern democratic society.
- Some legal experts claim the law undermines rule of law in Thailand by allowing accusers to remain anonymous, with police having authority to directly file charges. There are also cases of charges being brought years after alleged offenses occurred.
- Critics point to lack of transparency in the legal process involving Section 112 cases, with most trials being closed to the public and official court records sealed or difficult to access. This fuels perceptions of injustice.
- There have been calls to reform or repeal Section 112 from various civil society groups and international organizations. Suggested changes include decriminalizing certain types of speech, instituting punishments proportionate to offenses, or replacing criminal penalties with civil sanctions.
The controversy surrounding Section 112 persists, with proponents viewing it as vital to preserving Thailand’s monarchy while critics see it as enabling a climate of fear and self-censorship. Finding an appropriate balance remains an ongoing debate within the country.
High-Profile Lèse-Majesté Cases in Thailand
Thailand’s lèse-majesté laws, codified in Section 112 of the Criminal Code, make it illegal to defame, insult, or threaten the king, queen, heir apparent, or regent. Violations can result in a prison sentence of 3-15 years per count. Several high-profile cases have drawn international attention:
- In 2009, Harry Nicolaides, an Australian author, was convicted of lèse-majesté over passages in a novel. He served 6 months in prison before being pardoned and deported.
- In 2011, Ampon Tangnoppakul, a Thai grandfather nicknamed “Uncle SMS,” was sentenced to 20 years for sending four text messages deemed offensive to the monarchy. He died in prison in 2012 at age 62 while appealing his case.
- Also in 2011, Joe Gordon, a Thai-born American citizen, was arrested on a visit to Thailand over online translations he posted of a banned biography of the king. After pleading guilty, he served 2.5 years in prison before being granted a royal pardon.
- In 2015, Pongsak Sriboonpeng was arrested for a satirical Facebook post. He fled Thailand, but was arrested in Cambodia and deported back. After a closed trial, he was sentenced to 30 years in prison.
- In 2017, a man posting online under the pseudonym “Krit Yeammaethakorn” was sentenced to 35 years for Facebook posts about the royal family. He died in prison in 2020 at age 68 awaiting appeal.
These high penalties and lack of transparency around Section 112 cases have led to criticism that the law is overused for political purposes. However, open debate remains risky. Calls to reform or repeal Section 112 are still considered sensitive topics in Thailand.
The Future of Section 112 – Calls for Reform and Repeal
Section 112 of Thailand’s Criminal Code, also known as the lèse-majesté law, has faced growing calls for reform and repeal in recent years. Critics argue that the law, which makes defaming, insulting, or threatening the king, queen, heir apparent, or regent punishable by up to 15 years in prison, is outdated and violates freedom of expression.
- There have been increased efforts to amend or repeal Section 112 since mass protests in 2020-2021 demanded monarchy reforms. Pro-democracy groups view the law as a tool to silence political dissent. They argue Section 112 is inconsistent with democratic ideals as it restricts open debate.
- In 2020, a parliamentary committee proposed reducing penalties and narrowing the scope of Section 112. For example, privately criticizing or satirizing the monarchy would carry lesser punishments compared to publicly defaming the royal family. However, traditional royalists argue any changes undermine protections for the monarchy.
- Complete repeal of Section 112 faces significant legal and political barriers. The 2017 constitution enshrines the monarchy’s revered status. Article 6 states “the King shall be enthroned in a position of revered worship” and that “no person shall expose the King to any sort of accusation or action.”
- While unlikely in the near-term, experts state Section 112 will need to be modernized to fit 21st century sensibilities. In the spirit of reconciliation, the law could be revised to only criminalize speech that poses a credible threat of violence against the monarchy, rather than merely insulting or criticizing royalty. This would better conform to international norms on free expression.
In summary, while full repeal is improbable, Section 112 will likely see continued pressure for reform. Narrowing its scope remains politically contentious but offers a path to safeguard free speech while preserving key legal protections for the monarchy. Achieving this balance will test the maturity of Thailand’s democracy.
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