© AFP

“His untouchable Majesty”

Thailand
Censorship and emprisonment :
the abuses in the name of lese majeste
February 2009
Investigation : Clothilde Le Coz
Internet Freedom desk
Reporters sans frontières
47, rue Vivienne - 75002 Paris
Tel : (33) 1 44 83 84 71 - Fax : (33) 1 45 23 11 51
E-mail : internet@rsf.org
Web : www.rsf.org
 “But there has never been anyone telling me "approve"
because the King speaks well and speaks correctly.
Actually I must also be criticised. I am not afraid
if the criticism concerns what I do wrong,
because then I know. Because if you say the King cannot be
criticised, it means that the King is not human.”.

Rama IX, king of Thailand,

Censorship and emprisonment : the abuses in the name of lese majeste

5 december 2005
Thailand :

1
 It is undeniable that King Bhumibol According to Reporters Without
Adulyadej, who has been on the throne Borders, a reform of the laws on the
since 5 May 1950, enjoys huge popularity crime of lese majeste could only come
in Thailand. The kingdom is a constitutio- from the palace. That is why our organisa-
nal monarchy that assigns him the role of tion is addressing itself directly to the
head of state and protector of religion. sovereign to ask him to find a solution to
Crowned under the dynastic name of this crisis that is threatening freedom of
Rama IX, Bhumibol Adulyadej, born in expression in the kingdom.
Censorship and emprisonment : the abuses in the name of lese majeste

1927, studied in Switzerland and has also

shown great interest in his country's With a king aged 81, the issues of his suc-
agricultural and economic development. cession arises. Will the crown prince
Wachiralongkorn be as popular as his
Devotion to the king is a major feature father? And if he isn't, will the authorities
of life in Thailand. Every Monday, hun- use the law of lese majeste to punish
dreds of thousands of Thais don yellow every criticism?
clothes in honour of the king, who was
born on a Monday. But the absence of Thailand is quite rightly seen as a model of
criticism towards the king, his family or press freedom in south-east Asia. The
the monarchy as a system, is not solely press is free and diverse, but journalists all
linked to devotion. There are very harsh have one point in common: they use self-
laws on this subject to punish free censorship as soon as anything comes up
speech. that affects the monarchy.

Today, thousands of websites have been In the light of this situation, Reporters
censored, fear stalks intellectual circles Without Borders calls for prompt reform
and an Australian has been imprisoned of the laws regulating the crime of lese
like a criminal for writing a few lines on a majeste. In addition to censorship of the
Thai prince. How did things get to this Internet, the offence has led to the impri-
state? sonment of around 100 people. This
report presents the story of six people
A new government has been in power in who have been victims of an investigation
Thailand since 20 December 2008, and for the crime of lese majeste. This is defi-
one of its priorities has been to regulate ned as: “anyone who defames, insults or
the Internet. Just over one month after it threatens the King, the Queen, the crown
took control, nearly 4,000 websites were prince or the regent”. Offenders face
blocked because of their “content dama- “from three to 15 years in prison (Art
ging the monarchy”. The justice ministry 112 of the Thai penal code relating to
Thailand :

said that 10,000 sites had posted com- offences of national security”. Ten years
ments and articles damaging to the ago, Amnesty International was saying that
monarchy. The new information minister, the “last time the law was used dated back
Ranongruk Suwanchawee, also decided to to 1991”! Henceforth, barely a day goes
spend 80 million baht (nearly 1.7 million past without the ruling coalition, the
euros) to set up an Internet filtering sys- People's Alliance for Democracy (PAD),
tem in the kingdom, known as the “war redoubling its efforts to silence critics, all
room”. in the name of the king.

2
 Respect for the king is a rule, not definition contravenes Article 19 of the
a courtesy. International Covenant on Civil and
Political Rights that Thailand ratified in
According to the 2006 Constitution, 1997, under which: “Everyone shall have
““The King shall be enthroned in a posi- the right to hold opinions without interfe-
tion of revered worship. No person shall rence… everyone shall have the right to
expose the King to any sort of accusation freedom of expression”.
or action.” (Chapter 2, Section 8). It
ensues from this principle that any citizen In most countries where this crime exists,
can call for an investigation into any per- such as Spain, Jordan, Nepal or even the
son suspected of being the author of an Netherlands, convictions are rare and
article or publication that damages the argument often deemed to be null and
Censorship and emprisonment : the abuses in the name of lese majeste

royal family. It is the duty of police autho- void. Within Europe for example, it also
rities to open investigations into each stands in contradiction to Article 10 of
complaint. This was how BBC South-East the European Convention on Human
Asia correspondent, Jonathan Head, wea- Rights which defines the right to freedom
thered at the end of 2008, a third com- of expression, subject to certain restric-
plaint for the crime of lese-majeste, laid tions “provided for under the law”; this
against him by a colonel, over articles pos- right includes “freedom of opinion and
ted on the website of the BBC, which the freedom to seek, receive and impart ideas
military figure said questioned the role of of all kinds, regardless of frontiers.” One
the monarchy in the kingdom's political of the most recent cases in which the
affairs. crime of lese majeste was invoked in
Europe, pitted the Prince of Spain and his
Under the law, to speak about the king wife against two press cartoonists, who
means nothing less than potentially dama- were sentenced to each pay a fine of
ging national security. Justice Minister, 3,000 euros, in 2007.
Pirapan Salirathavibhaga, confirmed this in
an interview on 16 January, saying: “The But Peter Noorlander, jurist for the free-
monarchy in Thailand is not just a symbo- dom of expression organisation Article
lic institution. It is the pillar of national 19, said: “The current use of lese majeste
security. Whatever is deemed as affecting in Thailand cannot be compared even with
the monarchy must be treated as a threat the few Spanish and Dutch cases that
to national security”. The ruling coalition occur from time to time and the penalty
recently proposed an amendment raising imposed on the Australian writer is egre-
the maximum sentence from 15 to 25 giously disproportionate to the 'crime'
years in prison. said to have been committed by him.”

“When it comes to the monarchy, reason goes away. The monarchy

in Thailand is like everywhere, but if you don't respect it, you will
be harshly punished. Even the international press - BBC etc - and
Thailand :

books, have very little room for manœuvre”

A Thai reporter

The crime of lese majeste has been in the Above all, this offence prevents the press
criminal code since 1957 and its existence from working freely on subjects linked to
has never been questioned. However, this the monarchy. Reporters Without
3
 Borders recorded more than a dozen the crime of lese majeste. A member of
press freedom violations during 2008 the opposition coalition, Suchart
(threats against media and journalists). In Nakbangsai, chose to leave the country in
this respect, the comment of Arnaud January 2009 for fear of being accused of
Dubus, of French daily Libération in lese majeste after pronouncing a speech
Bangkok speaks volumes: “I do not recall a about the country's political situation.
single case of a Thai journalist being accu- Since it came into power, the current
sed of lese majeste. They know the rules government has ceaselessly announced
very well and censor themselves. If a Thai new measures to “protect the king's
journalist criticised the royal family, there image” and raise awareness of the “loyalty
would be no doubt about the punishment: everyone must have towards him”.
straight to prison”.
Censorship and emprisonment : the abuses in the name of lese majeste

Supinya Klangnarong, coordinator for the

Internet : presumed guilty? Bangkok-based Thai Netizen Network
said, “The authorities might think that the
As in most Asian countries, the Internet punishment and penalties provided in the
has become more and more popular as a Computer Crime Act are not severe
means of communication. It fulfils the cri- enough. While the Computer Crime Act
tical role now ceded by the media when it keeps surveillance on Internet users, the
comes to the king. Internet-users find it a lese majeste crime represses them”. So
space for free expression and exchange. Internet-users can be acted against for
Some 14 million Thais go online every day their opinions as a result of posts on a
- 500 times more than in 2000 . Most of personal website, like the academic Giles
them get connected in cybercafés (not Ji Ungpakorn, or even for a simple com-
exceeding 0,50 euro an hour) or through ment on another website like Internet-
their work computers in the office. user Suwicha Thakor.

The Computer Crime Act that came into Faced with the strengthening of judicial
force in 2007 obliges Internet service pro- means to keep Internet-users under sur-
viders to keep individual information on veillance, the Thai Netizen Network met
Internet users for 90 days. The authorities the prime minister on 14 January 2009.
have the power to check the information “The negotiation with the Prime Minister
without any judicial control. Police are is only a beginning and we cannot claim
also authorised to seize computers they progress. But we asked for a working
suspect of being used illegally. group set up by him to find a compromise
and then, more than the LM use, to be
Since Ranongruk Suwanchawee took over sure of the prospect of the Computer
at the information ministry, Internet sur- Crime Act. Apparently, the government
veillance has been strengthened in the wants to amend it and make it even tou-
name of lese majeste, which is not men- gher”, Supinya Klangnarong told
tioned in the Computer Crime Act. And if Reporters Without Borders.
Thailand :

most of the 4,000 blocked websites do

contain articles which are linked to the Yellow shirts against red shirts
royal family, the threshold of tolerance
towards these publications remains very Demonstrations held from August 2008
hazy.The exact criteria used by the autho- onwards heightened tension between
rities to block websites are not known. Thais, now separated into two political
colours: red and yellow. The yellows are
In this climate of generalised surveillance, allies of Prime Minister Abhisit Vajjajiva,
citizens of the country are worried about from the Democratic Party and appointed
4
 “A monarch who gets close to the people is necessarily subject to
more criticism. Our organisation condemns the use being made of
the crime of lese majeste in Thailand. By using the image of the
king, the authorities and many other political figures try to esta-
blish their power or their repute. Investigating citizens and impo-
sing sentences of three to 15 years in prison for expressing them-
selves publicly is unacceptable and gives a negative image of the
kingdom”.

Jean-François Julliard,
Secretary general of Reporters Without Borders.
Censorship and emprisonment : the abuses in the name of lese majeste

by the king on 20 December 2008. They as one can tell, for any poll on his popula-
are pressing for example for a parliament rity would be seen as a crime of lese
that is appointed and not elected.Wearing majeste…
shirts in the royal yellow colour, they
above all call for respect of the king. The David Camroux, a researcher linked to
abusive use of the crime of lese majeste the Paris-based Centre for International
derives in part from this zealous protec- Studies and Research (CERI) explained: “It
tion of the image of the king. is the image that counts in Thailand and
the monarchy has always been central to
The reds have been in the majority within the life of the country. Bhumipol is the
the government since 23 December 2007, symbol of the country. He is also the arbi-
the date on which the People's Power ter in Thai political life”. But the king
Party (PPP) won general elections. rarely expresses an opinion and he can't
Founded to support the controversial for- express any political position. The actors
mer prime minister Thaksin Shinawatra of in the 2006 coup claim to stand for the
the Thai Rak Thai party (Thais for the legitimacy of the king and those who are
Thais) at the time of the military coup today using the crime of lese majeste also
that toppled him on 19 September 2006, claim it in the name of the monarchy.
the party has support among the nor- Bhumipol Adulyadej raised the issue on
thern rural areas. The red-clad militants of only one occasion, during his annual
this populist party, loyal to Thaksin, have in address, in 2005, in which he said that “the
particular called for institutional reform. king is not above criticism”.

After the fall of Thaksin Shinawatra and Why this excessive zealousness? One Thai
his exile in London, General Sonthi political journalist said that “the police
Boonyaratgin, aged 59, an ardent monar- feel it is obligatory to crack down on peo-
chist and the first Muslim to hold the ple for the crime of lese majeste. They do
post in this Buddhist kingdom, became it enthusiastically because they know that
head of the Council for Democratic not to do it could be very costly politi-
Thailand :

Reform, made up of the three armed cally”.

forces (army, air force and navy) and the
police, repealing the Constitution, decla- The spirit of the law
ring martial law, dissolving the govern-
ment and taking over all power. Police on 22 April 2008 accused student
Chotisak Onsoong of insulting the
The current monarch is the sole figure monarchy for refusing to stand when the
who is genuinely popular in society, as far royal anthem was played at the cinema.

5
 Every public activity in Thailand is prece- “I never received any court
ded by this anthem, which rings out every summons”,
evening at 8.30pm. Standing and stopping
whatever you are doing is a tacit rule, Jitra Kotchadej, trade unionist at the
which is not enshrined in any law, but Thai branch of the Germany company
which everyone respects. Triumph International
“If the law states that this against the law, diary of the German lingerie company
I will abide by that law, as the law has the Triumph, sent for on 29 July to tell her
real power over us. But I understand that she was dismissed, following two sum-
it is not against the law, so I chose not to monses from the court in Bangkok since
stand. […] Traditions are man-made, not 8 July. Her sacking prompted demonstra-
Censorship and emprisonment : the abuses in the name of lese majeste

unlike laws. If they're not appropriate, not tions by the company's staff and thou-
right, anachronistic, or against people's sands of militants demanding her reinsta-
wellbeing, they can be revoked”, the stu- tement.
dent said in an interview with the news
website Prachatai . “I never received any court summons,”
Jitra Kotchadej told the Thai press. The
Shortly afterwards, trade unionist Jitra press believed that the company wanted
Kotchadej was sacked from her job for to prevent her from damaging and under-
wearing a t-shirt bearing the words “It is mining the union's weight. It wasn't until
not a crime not to stand up”, in refe- more than 2,000 workers went on strike
rence to the act of Chotisak Onsoong, from 30 July to 13 September 2008 that
during a TV programme broadcast three Jitra Kotchadej was discreetly taken back
months earlier. Her employer, a subsi- into the company … at another branch.
Thailand :

6
 “A bad dream” case involved only three sentences in the
226-page book. Furthermore, the charge
“Harry Nicolaides was found guilty under was based on the Thai translation, not the
Article 112 of the penal code. The court original English. The reference to the
sentenced him to six years, but, since he monarchy is not even central to the
confessed, the penalty is reduced to three book's plot.” Four bail applications made
years”, the judge at the criminal court in since his arrest at Bangkok airport on 31
Bangkok ruled on 19 January 2009. “Harry August 2008 have all been refused.
Nicolaides wrote a book that slandered
the king, the crown prince, Thailand and Nicolaides told the BBC after the verdict:
the monarchy”, the judge said. “This has to be a bad dream. It cannot
possibly be real. I regret that my family is
Censorship and emprisonment : the abuses in the name of lese majeste

suffering.”

He had pleaded not guilty to the charge at

the first hearing in the case on 21
November 2008. His brother told
Reporters Without Borders that he and
the family would do “everything they can
to ensure that Harry remains strong, heal-
thy and positive in the circumstances”. His
family were “extremely distressed” by the
©Reuters outcome of the trial. They called on the
king to grant a royal pardon to the priso-
A charge of lese majeste was made against ner. The Australian government made the
41-year-old Australian Harry Nicolaides same request on 22 January.
in 2006 for his book “Verisimilitude”, of
which 50 copies were published in 2005,
and despite the fact that the book recei-
ved a publication number in Thailand and “I am sorry that my words may
was therefore officially authorised in the have hurt. It was not my inten-
kingdom. The author made trips to and tion to attack His Majesty the
from Thailand between 2006 and 2008 king or his kingdom. I know the
without any interference to give his importance of respecting this
courses at the University of Mae Fah country's traditions, customs
Luang in Chiang Rai, northern Thailand. and expectations. I am not an
agitator”.
Nicolaides lived in Thailand from 2003 to Harry Nicolaides
2005. During that time, he wrote a
column on the website
Phuketinfo.com. He has now spent more A Swiss national, Oliver Jufer, 57, was
Thailand :

than five months at Bangkok central pri- arrested in 2007 for throwing paint at a
son for having referred to a Thai prince, portrait of the king after a drunken eve-
whom he did not name. ning out. He was sentenced to ten years
in prison and served four months of his
His Australian lawyer, Mark Dean, said, sentence before being granted a royal
“No one was mentioned by name. The pardon.

7
 Detained for a comment posted millions of his peers, he surfs the Internet
online for pleasure. His arrest is a warning to all
Internet users in the country. It shows just
Suwicha Thakor was arrested by the how far the government is prepared to go
Department of Special Investigation (DSI), to punish those who express themselves
while he was at the home of friends on 14 about the king”, Reporters Without
January 2009. His computer's Internet Borders said.
address matched the address from which
the comments about the king and his
aides had been sent, the DSI said, adding
that he had left Bangkok because he knew “The arrest of Suwicha Thakor
he was guilty. His lawyer appealed unsuc- is a warning to all Internet
Censorship and emprisonment : the abuses in the name of lese majeste

cessfully against his imprisonment on 16 users in the country.”

January. His application for bail was refu-
sed on 26 January. Vincent Brossel,
head of the Asia desk, Reporters
Without Borders

The powered para-gliding enthusiast

(http://www.212cafe.com/freewebboard/v
iew.php?user=tvs007&id=604) is cur-
rently being held in Klong Prem prison
after denying lese majeste charges against
him. His situation has similarities with that
of Duranee Charnchoengsilpakul, better
known under the pseudonym “Da
Torpedo”. The pro-Thaksin militant was
arrested in July 2008 after making a 30-
minute speech against the PAD. He
“Suwicha Thakor is neither a militant, nor remains in custody without any official
a political figure nor an intellectual. Like charge being put to him.
Thailand :

8
 Red and yellow PAD coalition that they were “elites
which talk about democracy but who pro-
On 22 January 2009, around 100 red- mote their system of patronage and do
shirts rallied in front of the Burmese and not want to abide by the verdict of the
Singapore embassies in Bangkok. The ballot box”. He also said “so the patro-
demonstrators, who were led by nage system of helping people or being
Jakrapob Penkair, were urging dependant [on the state] had been chan-
various governments to boycott the sum- ged into the state of protection. If you
mit of the Association of East Asian have loyalty to the King, unquestionable
Nations (ASEAN) which was to be held in loyalty to the King, you would be protec-
Hua Hin, from 17 February to 1st March ted. In order to show this protection
2009. On the following day, Jakrapob, a more clearly, people who do otherwise
Censorship and emprisonment : the abuses in the name of lese majeste

former minister in the government of must be punished.”

Thaksin Shinawatra and one of the foun-
ding members of the United Front for
Democracy against Dictatorship (UDD) “I was told to stop my activi-
was officially charged with lese majeste. ties to avoid being charged”

Jakrapob Penkair

The 48-year-old has devoted his entire

political career to the struggle of Thaksin
Shinawatra. He got himself noticed by the
then prime minister in 2003, when he was
rapporteur of the summit of Asia-Pacific
Economic Cooperation (APEC). Thaksin
Shinawatra appointed him government
spokesman before the end of the year.
When in 2006, the prime minister was in
the process of being ousted, it was he
who became head of the UDD, rallying
pro-Thaksin movements to support him.
In May 2008, a masters' student at the This coalition won general elections on
Buddhist University of Mahamakut in 23 December 2007, bringing to power a
Bangkok had accused him of wanting to prime minister close to Thaksin
change the kingdom's legislative and poli- Shinawatra.
tical system. He accused him of “treason”
and “the crime of lese majeste” because (You can find Jakrapob Penkair's speech to
Thailand :

of a speech he made at the foreign corres- the conference of the Foreign

pondents' club in Bangkok … in August Correspondents Club of Thailand on
2007. He had said of the then opposition Reporters Without Borders' website).

9
 “The foundations of a govern- the king's rule in 2006. He also made clear
ment rest on its ethics” his opposition to the government of
Thaksin Shinawatra, calling him a “pitiful
Sulak Sivaraksa is as well known to dog” in 2006 during a demonstration
Thais as he is to the police. The 75-year- organised by the PAD.
old holds the record for lese majeste
complaints against him, the first of which His lawyer, Somchai Homlaor, said howe-
dates back to 1984. The most recent, on 7 ver that his remarks at the 2007 event
November 2008, was for remarks he were “mild”. He also raised the issue of
made at Khon Khaen University in why it had taken the authorities a year to
December 2007 where he was guest lec- arrest him. He believed the arrest was
turer. more likely linked to Sivaraksa's comment
Censorship and emprisonment : the abuses in the name of lese majeste

about a statement by ex prime minster

Thaksin Shinawatra, who said that
demonstrations in the autumn were sup-
ported by the army and the palace. Sulak
Sivaraksa studied at Lampeter University
in Wales. On his return, in 1961, he
became director of Sangkhomsaat Paritat
(Social Sciences Review) and was forced
to leave the country for two years after
the 1976 coup.

“The five top leaders of the

People's Alliance for
Democracy, as well as some
other key figures in the party,
act with arrogance. They consi-
This writer and an ardent Buddhist, is vie- der that they are at the head of
wed as a “social critic”. He was arrested at the good party, while unfairly
his home in Bangkok on 7 November, by repressing other political
police from the Khon Khaen province movements”
(450 kms north-east of the capital) where
the university he teaches at is based. He Sulak Sivaraksa
was questioned and then released a few
hours later.
He was accused of lese majeste for the
Founder of the organisation first time in 1984. Further proceedings
“Sathirakoses-Nagapradipa Foundation” were launched against him from 1991,
which mixes Buddhist and ecological phi- after he described members of the royal
losophy to campaign for a peaceful trans- family as “ordinary people” while speaking
Thailand :

formation of society, Sulak Sivaraksa has to students at Thammasat University in

taken up a trenchant position against the Bangkok. Following his victory before the
government and institutions. The offen- courts, he was won the 1995 Right
ding comments made in Khon Khaen Livelihood Award. His arrest on 8
were a criticism of the palace's expenses November 2008, was at least his tenth
for the jubilee celebration of 60 years of charge for the crime of “lese majeste”.

10
 An academic at risk wing publication of the book, on 11 January
2009, he launched a petition calling for its abo-
When you ask Giles Ji Ungpakorn lition which attracted 1176 signatures so far.
what he teaches in his political science
course at the University of Chulagongkorn In “A Coup for the Rich”, he wrote that “the
in Bangkok, he replies that he deals with major forces behind the 19th September
“several questions, including democracy, coup were anti-democratic groups in the
the monarchy in Thailand, as well as social military and civilian elite, disgruntled busi-
movements”. He was charged with the ness leaders and neo-liberal intellectuals and
crime of lese majeste on 20 January 2009 politicians The coup was also supported by
because of the publication of his book, “A the Monarchy.What all these groups have in
Coup for the Rich”, which was published common is contempt and hatred for the
Censorship and emprisonment : the abuses in the name of lese majeste

in 2007, shortly after the September 2006 poor. For them 'too much democracy' gives
military coup. This book, which sold 1,000 'too much' power to the poor electorate
copies can also be downloaded from his and encourages governments to 'over-
blog (htpp://wdpress.blog.co.uk). The out- spend' on welfare. For them,Thailand is divi-
come of his case is not yet known. ded between the 'enlightened middle-
classes who understand democracy' and the
'ignorant rural and urban poor'”.

Giles Ji Ungpakorn was born and raised in

Thailand. He went to the United Kingdom at
the university. His father, Dr Puey Ungpakorn,
was an economist who opposed Thailand's
successive military regimes from the 1950s
onwards.At a time when he was president of
the University of Thammasat in Bangkok, the
authorities forced him to leave the country
following the 1976 military coup.

“The army generals and the

Democrat party want an exam-
ple. They want to stop criticism
of their lack of democratic legi-
Shortly after publication, the book was only
timacy. I am prepared to fight
withdrawn from sale in the university library,
any lese majeste charges in
which gave it to the Police. However, it was
order to defend academic free-
available in other academic librairies.The accu-
dom, the freedom of expression
sation came from the institution itself, which
and democracy in Thailand. ”
denounced the author to the police, objecting
Giles Ji Ungpakorn
to eight paragraphs pointing a finger at the role
Thailand :

of the monarchy in the 2006 military coup that

toppled Prime Minister,Thaksin Shinawatra.
Political science professor at the
Ji Ungpakorn has called himself a “socialist” for University of Chulalongkorn in Bangkok
more than 30 years. He started the “Turn Left” since 1996, Giles Ji Ungpakorn has publi-
movement that opposes PAD, calls for the shed books in English and Thai such as
abolition of the crime of lese majeste and the “Social Movements in Thailand (in Thai)
establishment of welfare state in Thailand. and “Debates around political questions in
After he was summoned by the police follo- South-East Asia”.
11
 British journalist falls victim to a government and its rural followers believe
Thai military figure who speaks there is a palace-army-elite conspiracy to
no English rob them of their electoral mandate. The
PAD and its middle-class followers believe
Jonathan Head has been BBC corres- the pro-Thaksin camp intends to turn
pondent in South-East Asia for 13 years Thailand into a republic and overthrow
and has covered Thailand since 2006. He the existing social order. With so much
has been hounded through the courts by believed to be at stake, compromise bet-
the one of the opponents of former ween the two sides is almost impossible.”
prime minister, Thaksin Shinawatra, The two complaints made against
Lieutenant-Colonel Wattanasak Jonathan Head by Lieut-Col. Wattanasak
Mungkandee... who speaks no English. Mungkandee were linked to his articles
Censorship and emprisonment : the abuses in the name of lese majeste

about the monarchy on the BBC website.

The journalist does not know where
investigations and proceedings have got to
in the three cases.

Wattanasak Mungkandee accused

Jonathan Head of the “crime of lese-
majeste”, after photos “insulting the
monarchy” were posted on the British
media's website. A score of articles were
also cited, some of which were not by-
lined Jonathan Head. Police opened an
investigation that followed one already
started on 8 April, after the journalist
spoke during a conference he organised at
the Foreign Correspondents' Club of
Thailand (FCCT), on 13 December 2007.

This colonel laid a complaint against The conference, “Coup, Capital and
Jonathan Head on 23 December 2008 for Crown” presented two publications and
the third time in a year for the crime of launched a debate between four speakers.
lese majeste. He complained of an article One person who attended the conference
published on 3 December 2008 headlined said that the moderator, Jonathan Head,
“How did the Thai protestors manage it?”. had said: “As a journalist, it's very frustra-
In this article, the journalist addressed the ting not being able to discuss the monar-
possibility that the royal palace supported chy, but we must respect the law and be
the militants in the People's Alliance for restrained in what we say […] His Majesty
Democracy (PAD), who were occupying the King is now 80, he will not be around
the capital's airports. He wrote: “The for ever…democracy, the military and the
Thailand :

monarchy are deeply linked.” A part of this

“As a journalist, it's very frus- speech is available online: http://reallife-
trating not being able to discuss thailand.blogspot.com/2007/12/coup-capi-
the monarchy, but we must tal-crown-report-from-fcct.html.
respect the law and be restrai-
ned in what we say.” World news editor of the BBC, Jon
Williams, said “While we respect the Thai
Jonathan Head judicial process, the allegations made
against Jonathan Head are completely
12
 unfounded. We understand that the police Mungkandee. The former journalist and
in Thailand are required to investigate all member of the FCCT in Bangkok, is also
complaints of lese majeste and will suspected by some people of secretly fil-
cooperate with that investigation. We ming meetings at the club for use against
look forward to it clearing Jonathan in Jonathan Head as well as against Jakrabop
due course”. Penkair (see p. 10).

A source close to the case, said the com- Read “How did the Thai protestors
plaint had been made maliciously on the manage it?”:
part of a former British journalist who http://news.bbc.co.uk/2/hi/asia-paci-
works closely with Lieut-Col. Wattanasak fic/7762806.stm
Censorship and emprisonment : the abuses in the name of lese majeste
Thailand :

13
 Open letter to King Bhumipol Adulyadej of Thailand

“Your Majesty,

Reporters Without Borders, an international organisation that defends press freedom,

would like to draw your attention and your goodwill to the damage being done to free-
dom of expression in your kingdom.

The use made of the crime of lese majeste in your name, apart from seriously harming
the image of your kingdom, constitutes a violation of freedom of expression enjoyed
by your subjects. All the police investigations for “the crime of lese majeste” that we
have learned about, have been opened since the establishment of the new government,
Censorship and emprisonment : the abuses in the name of lese majeste

often for remarks made more than a year ago. This zeal disturbs us in terms of the fate
of those people, who have only expressed their point of view. The ease with which
accusations can be made against Thai citizens and foreigners living in the kingdom is dis-
concerting and police and judicial opacity that surrounds them makes them ambiguous.

Reporters Without Borders would also like to draw your attention to the threat to
free expression and development of the Internet in the country posed by the actions
of the information and communications ministry. In order to better monitor Thai
Internet users, the information ministry has no hesitation in strengthening Intenet fil-
tering but without explaining the reasons for the step. While in a kingdom that is so
concerned for the wellbeing of its subjects, it is hard to understand that a citizen can
face proceedings solely for posting a comment on a website, even if it does refer to the
royal family. Did not Your Majesty Himself say in 2005 that his Excellency was not
“above all criticism”?

We respectfully ask you, Your Majesty, to use your power and your authority so that
charges are dropped against Jonathan Head, Giles Ji Ungapkorn, Sulak Sivaraksa,
Jakrapob Penkair, Suwicha Thakor, Chotisak Oonsong and Jitra Kotchadej. We also res-
pectfully ask you to grant a royal pardon to Harry Nicolaides.

We are entirely at your disposal, Your Majesty, to provide you will any further informa-
tion and with proposals for reform for a lasting guarantee for free expression in
Thailand.

Yours respectfully,
Thailand :

Jean-François Julliard
Secretary General

14
 Further information

- The website Thai Netizen Network (mainly in Tha), posts news and information
about the state of the Internet in the country. This Thai organisation, founded in 2008,
was behind an initiative to open dialogue with the prime minister about individual free-
doms in the country. It also wants to set up a collective of lawyers who could defend
Internet users facing proceedings.
http:// www.thainetizen.org

- News website Prachatai (in Thai and English), posts news and information about
social movements in Thailand. It is a news site that provides good analyses of the situa-
tion within the country. Its journalists have also posted an interview with student
Censorship and emprisonment : the abuses in the name of lese majeste

Chotisak Oonsong (http://www.prachatai.com/english/news.php?id=607). It has been

censored several times within the country.
http://www.prachatai.com

- The website defending Internet freedom, Freedom against Censorship in

Thailand (FACT), is a mine of information on censorship in the kingdom. It covers all
Internet filtering issues, from the problems of pornography to recent crimes of lese
majeste. Run by Australian CJ Hinke, it posts information in English.
http://www.facthai.wordpress.com

- The blog New Mandala belongs to Nicholas Farelly, head of Asiatic studies at the
Australian National University.
http://www.rspas.anu.edu.au

- The blog by Jotman (in English), is recognised as one of the region's most interes-
ting sources. Based on the border between Thailand and Burma, Jotman is a source of
information that brings a different point of view on both countries. He is also a laureate
of the 2007 Reporters Without Borders' Special Prize at the international Best of the
Blogs (the BOBs) competition organised by Deutsche Welle.
http://jotman.blogspot.com/

- The website Thai political prisoners monitors the case of victims of abuse of
power. The cases presented in this report, can also be found there:
http://thaipoliticalprisoners.wordpress.com/
Thailand :

15