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                              LESE MAJESTE LAW OF THAILAND VERSUS DEMOCRACY

                                                                                        By: Akriti Thakur

Student, VI Semester, B.A.LL.B (Hons.), Department of Law, Prestige Institute of Management and Research, Indore

Recent news of January 18, 2024, stated that a man in Thailand is sentenced to imprisonment for 50 years for insulting the monarchy. Mongkol Thirakhot, who is an online clothes vendor and a political activist from Northern Chiang Rai province, is sentenced to 50 years imprisonment. He was originally sentenced for 28 years of imprisonment for a post made by him on social media which deemed degrading to the status of the king. But a few days back the Court of Appeal in Chiang Rai held him guilty of about a dozen more violations of the Lese Majeste Law and added 22 years more to his punishment of imprisonment.

Lese Majeste Law of Thailand can be considered as a draconian law and is one of the strictest law in the world. According to Article 112 of the Criminal Code of Thailand, “Anyone who defames, insults or threatens the king, the queen, the heir-apparent or the regent, will be punished with a jail term between 3 and 15 years”. Lese Majeste cases can be brought by anyone and against anyone. However, the Code does not define the term insult or what constitutes an insult to the monarchy.  

Mongkol was previously sentenced to 28 years imprisonment for his posts on Facebook which were about 27 in numbers which he posted in 2021. And recently he was held guilty for more such violations which made him the convict and undergo a 50 years of imprisonment. However, the content of the posts is not known.

The number of verdicts in Lese Majeste cases has increased from 2020. As per the information by the Thai Lawyers for Human Rights (TLHR), from November 2021 to October 2023, Thai Courts have delivered verdicts in cases involving 100 defendants charged under Lese Majeste Laws and it was concluded that there was a 79% conviction rate. The citizens charged with such allegations not only consist of adults but also children.

These draconian laws without any proper investigation or evidence result in the penalizing of the people who made the statements. It can be said that the prosecution and the court just focuses on punishing the person who has made insulting statements about the monarch without considering the fact that the statements made can be factual and true. Even genuine statements against the monarch can make one face legal consequences. A Thai student Panusaya Sithijirawattankaul, was prosecuted for making statements against the monarch who was on a prolonged vacation at an exotic spot in Germany ignoring all the important government business, especially when the country was battling the world’s worst health crisis in decades. Along with her, other persons are also being prosecuted including children and students. Another incident took place when a person called Anchan Preelert who was convicted in 2021 under Lese Majeste Law for 43 years for publishing an audio clip on YouTube and Facebook which were considered critical and insulting to the monarchy and violated the Lese Majeste Law. This shows that the Thai citizens has very little or no freedom to express their views against the government and its actions. The Constitution of Thailand states under Section 6 that “The king shall be enthroned in a position of revered worship and shall not be violated. No person shall expose the King to any sort of accusation or action.” This law has been used by the monarchs to ensure loyalty to the monarchy and nullify any type of opposition being raised by the people.

Thai government restricts the fundamental right of freedom of speech and expression and assembly to its citizens and violated the basic human rights of the people by prosecuting them for peacefully protesting against the government and criticizing the monarchy. A report by the Thai Lawyers for Human Rights (TLHR) stated that about 1860 people were prosecuted since mid-July 2020 because they have exercised their freedom of expression and assembly. In another report of TLHR, it was stated that in August 2020, a total of 103 incidents relating to harassment against students took place across the country. Out of these 103 incidents, at least four students from high school were charged with unlawful assembly.

The Government also regulates the social networks and can put a ban on the social networks if there is any kind of violation of the Lese Majeste Law through any platform. The government keeps a routine check on social media platforms, restricting and penalizing people who have shared opinions that seem critical and insulting to the monarchy.

Akarachai Chaimaneekarakate, the advocacy lead at Thai Lawyers for Human Rights said that the government needs to reform its laws to bring them in line with the expected international laws and standards. He also added that with such draconian laws Thailand could not expect of becoming a candidate in the next round of elections and cannot be a member of the United Nations Human Rights Council (UNHRC) as it is planning for a seat in 2025-2027. Thailand has signed and is a state party to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, but it has not ratified it yet.

It can be concluded that the Thai Government is using this law to restrict any kind of opposition and criticism of the monarchy which is not a democratic idea. A democracy provides its citizens with freedom of speech and expression even against the government with certain restrictions, unlike Thailand’s monarchy where even a factual statement against the monarchy can make one face legal consequences and penalization that too without valid evidence and a just and fair trial. This law is being used by the government to suppress the voices of the citizens for democracy and is being used as a tool to punish the critics of the monarchy. It is cancerous to the idea of democracy where the rule of law prevails and the subjects have all the right to choose their representatives and select their own government. Subjects of a democracy have all the basic rights that are very fundamental for human beings to survive and are their natural and birth rights. In a democracy, people have the right to criticize the government to ensure that their chosen representatives are working efficiently and to maintain accountability. This right exist with certain limitations but not a complete restriction like Thailand. Thai government seems to provide its citizens with very little or no civil and political rights. Also, the integrity of the courts of Thailand is a big question as these cases of such harsh punishments and myriad injustices to citizens expressing their views and criticizing the government for good leaves citizens with no remedies for redressing their grievances. Such draconian laws make the ruler tyrannical and leave the citizens helpless. Thai Government should take steps to reform its Lese Majeste Laws to be in line with the international standards and to work in the interest of it’s subjects.