Prachatai and, unusually, the Bangkok Post have reported the case we posted on yesterday, adding detail that wasn’t available when PPT posted.
The Bangkok Post reports that it was Narathorn Chotmankongsin, aged 26, who was jailed for selling duck calendars that was interpreted as referring to King Vajiralongkorn and mocking him.
PPT may be daft, but it isn’t clear to us how a duck image mocks the king. He looks nothing like a duck. For instance, he has visible ears, and as far as we know, he doesn’t have webbed feet. Yet the court saw a duck as damaging to the king, observing the messaging involved.
Plastic ducks and chickens were prominent symbols in student-led monarchy reform and democracy demonstrations in 2020. Prachatai notes that:
… yellow rubber ducks, initially brought in as a mockery of the government and nicknamed “the navy,” as shields against water cannon blasts. The yellow rubber duck then became a symbol of resistance, appearing in several subsequent protests in 2020, and was given pseudo-royal titles by protesters.
Prachatai reports that Narathorn was arrested on 31 December 2020. He was charged under Article 112. It adds:
The police conducted a sting operation, posing as a potential buyer and ordering a calendar on Facebook and asking to have it delivered by a Grab rider. Officers then tracked the location until they located Tonmai’s residence and requested a search warrant. After searching his house and confiscating the calendar, the police arrested him and charged him with royal defamation on the grounds that the content of the calendar mocks King Vajiralongkorn.
During the witness examination hearing during October-November 2022, Narathorn:
… testified that the yellow duck is a character named Krommaluang Kiakkai Ratsadonborirak (Prince/Princess Kiakkai, the People’s Protector), which is a name given to the duck by some netizens, and the calendar did not mention the King or other members of the royal family.
Sawatree Suksri, lecturer at Thammasat University’s Faculty of Law, also testified that parody does not constitute an offense under the royal defamation law, since the law specifically refers to defamation and threat.
Activist Sombat Boonngamanong testified that the yellow duck is seen as a symbol of protection for the protesters, and does not refer to the King. Although the language used in the calendar is the same as that used for royalty, Sombat said that it has also been used in fiction where appropriate for a character’s status.
Royalist “academic” turned royalist snitch Chaiyan Chaiyaporn became an “expert witness” – yes, seriously, a rabid royalist ideologue is an “expert” for the prosecution. This dolt declared:
… he saw the duck as representing the King and that the calendar is meant to show that the King uses taxpayer money for his own sexual gain, that he controls the military, and is above executive, legislative, and judicial powers.
Well, all of those claims are true, if that is what the ducks actually mean, but as we know, such claims are used as reasons for lese majeste charges.
When shown a picture from the March calendar, Chaiyan said he saw the duck with a condom on top of its head as meaning that the King is obsessed with sex or that he is promoting the use of condoms, but because he has never seen the King participating in any such campaign, he believes that the image is intending to mock the King as being sex-obsessed.
Again, with multiple wives, divorced and current, and a platoon of concubines, he is one who obviously likes his fornication.
Under cross-examination, Chaiyan noted that he is aware that a yellow rubber duck is a common item and that many images of the duck in the calendar represent crowd control police. He also agreed that the ducks were represented in many roles….
The court bought Chaiyan’s interpretation, probably because judges already hold such opinions. Clearly, the judiciary wants to suppress all notions of monarchy reform.
Meanwhile, Human Rights Watch also commented on this ludicrous case and the chilling impact it has:
“The prosecution and three-year sentence of a man for selling satirical calendars shows that Thai authorities are now trying to punish any activity they deem to be insulting the monarchy,” said Elaine Pearson, Asia director at Human Rights Watch. “This case sends a message to all Thais, and to the rest of the world, that Thailand is moving further away from – not closer to – becoming a rights-respecting democracy.”…
“Thai authorities should permit peaceful expression of all viewpoints, including those related to the monarchy,” Pearson said. “The government should urgently engage with United Nations experts and others about embarking on a process of amending the lese majeste law to bring it into compliance with Thailand’s international human rights obligations.”
Better to abolish it.