Criticism is not contempt

24 08 2017

Don’t criticize the monarchy, their pets or dead kings (and any other body the royalists get exited about). They are protected by the lese majeste and computer crimes laws.

Don’t criticize The Dictator or the military junta. They are protected by defamation, sedition and computer crimes laws.

Don’t criticize the judiciary. It is protected by contempt and computer crimes laws.

Perhaps because these three groups and bodies have, by their own actions, been so politicized the invention, re-invention and application of these laws has been so crucial for Thailand’s turn to feudalism and authoritarian rule.

Khaosod has a long story on the judiciary’s use of contempt laws to protect its tarnished reputation.

We won’t do more than quote a couple of parts of the story.

On Monday, a court fined prominent transparency activist Srisuwan Janya 700,000 baht. He was found guilty of the same offense that in the past week alone has seen a former politician given a suspended jail term and a media agency cowed into self-censorship….

Contempt of court, a law once limited to maintaining order in court proceedings, is now being interpreted to cover a broad range of offenses in the kind of creeping legal expansion that have reshaped other draconian laws, such as the Computer Crime Act and lese majeste, into powerful weapons against dissent.

The trend has alarmed a number of lawyers who fear the integrity of the justice system is in jeopardy….

Thammasat University law professor Piyabutr Saengkanokkul warned that an unchecked power to punish alleged violators could lead to a completely unaccountable judiciary….

Now the law is being used for crowd control. The authorities are anxious about an outpouring of support for former Prime Minister Yingluck Shinawatra when the verdict in her malfeasance trial is read Friday – a verdict many expect to not be in her favor.

On Sunday, police announced supporters – or gatherings of any kind – would not be allowed outside the court that day.

… Piyabutr said punishing criticism of any institution is contrary to the principle of accountability.

“Since the court exercises sovereign power that belongs to the people, the people are entitled to the right to scrutinize, criticize and disagree with the court,” he wrote.

The courts, with double standards and politicized rulings, has much to “protect.” In fact, criticism of courts is permitted in most non-authoritarian polities. Contempt is something different.


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