Three years for sharing a FB post

Prachatai reports that Homdaeng (pseudonym), a 57 year-old woman from Phetchabun “has been sentenced to one year and six months in prison after allegedly sharing a Facebook post calling for the monarchy to be under the constitution.”

Thai Lawyers for Human Rights say that she was charged under Article 112 and the Computer Crimes Act.

The complaint was reportedly filed by Sajja Chokeboonsongsawad, of the IT Crime Prevention and Suppression Division, in the Ministry of Digital Economy and Society.

Homdaeng was accused of sharing a post on 17 October 2020. She did not add to the post.

She acknowledged the charges on 22 January 2021 and was indicted on 27 July 2022 and was granted bail.

On 5 October 2023, Homdaeng decided to plead guilty. On 20 November 2023, the court ruled that Homdaeng was guilty under Article 112 and the Computer Crimes Act,  and was sentenced to three years in prison. Due to her guilty plea, this was reduced to one year and six months, without parole.

The court believed the post calling “the monarchy to be under the constitution,” actually “contained false and offensive information about the king.” The court asserted that the “defendant should have carefully considered whether it was true or not, but she still spread the information, which showed that she did not respect the monarchy.”

Of course, “truth” in royalist courts is only what the ruling class wants the masses to believe. Much of it is hocus pocus and the rest is a pack of lies.

The Liar-land flag

The court also ruled that the call for the action “could lead to dissatisfaction among the Thai people and disharmony in society, and have an impact on national security.” On this basis, “the court had no reason to suspend the sentence.”

Pending an appeal, Homdaeng’s lawyer filed a bail application with 100,000 baht as security. The court subsequently granted bail without conditions.

Thanathorn and Siam Bioscience

It was only a day or so ago that PPT posted on a lese majeste case brought against a critic of King Vajiralongkorn’s company Siam Bioscience.

Now Prachatai reports that the “Supreme Court has upheld an Appeal Court order to ban Thanathorn Juangroongruangkit’s video clip ‘Royal Vaccine: Who benefits and who doesn’t?’, saying that the clip attracted several comments which may affect national security.” The clip criticized the government’s COVID-19 vaccine procurement, including the role of Siam Bioscience.

The court’s decision came after Thanathorn “appealed against a court order to ban the video from his Progressive Movement’s online platforms.”

Prachatai report the sequence of events, worth reproducing and remembering:

The complainant, the Ministry of Digital Economy and Society (MDES), claimed that the video clip contained content that violates the royal defamation [lese majeste] law and the Computer-Related Crime Act.

In response to a petition from MDES on 29 January 2021, a court issued an immediate order to ban the video without hearing any counterarguments. Thanathorn submitted an appeal against the order. The court conducted a new trial, providing Thanathorn with an opportunity to participate.

On 8 February 2021, the court dismissed the order…. The court said that the case ‘may affect security’ and must be interpreted strictly. Thanathorn only mentioned that King Vajiralongkorn is a shareholder of Siam Bioscience, and his words did not defame insult, or disrespect the king.

On 19 October 2021, the Appeal Court reversed the order of the Court of First Instance, saying that the video clip did affect national security.

The … judgement claimed an offence relating to national security prescribed in Title I of the Criminal Code, which includes Section 112…. An order to block the video may be issued if it contains information or criticism within the scope of the law.

One might guess that the court had received some “advice.”

The Supreme Court has upheld the judgement of the Appeal Court, saying that the video clip could draw comments that may affect the monarchy. It was not necessary to consider whether the video clip was exercising freedom of speech to criticize the government’s performance or not.

On 15 June 2023, the Court found that several comments attached to the video clip which, according to the complainant, referred to King Vajiralongkorn and the use of taxpayers’ money.

The comments also criticized the monarchy’s involvement in the government’s vaccine management. These comments could potentially constitute an offence relating to national security [i.e. lese majeste]. It was concluded that the information in the video could attract comments that may affect national security.

All of this suggests that Thanathorn will indeed find his lese majeste case before the courts.

Given the king’s vast corporate interests, this decision raises questions about the possibility of criticizing any company in which he has a shareholding or raising questions about any property he owns. All of this is reeks of feudal arrangements.

Fragile royalist judges

If you are outside Thailand you can probably get to the no112 petition site. If you use a VPN in Thailand you can probably see it also. Yet the easily offended and eager defenders of royals and royalism in the biased judiciary don’t want Thais to see it or sign it. Interestingly, launched on 5 November 2021, by 5 March 2023, almost 240,000 had already signed.

Prachatai reports that in February 2022, the website became inaccessible, the website having been blocked by a court order that no one knew anything about. In “August 2022, the activist network Citizens for the Abolition of 112 filed a complaint with the Ministry of Digital Economy and Society (MDES).” It was later found that the Ministry asked the courts to issue an order blocking the site.

iLaw explained that on 1 March the Criminal Court ruled that while “the public is allowed to propose amendments to laws, the logic behind the amendment has to be truthful and fair.” Apparently the delicate lads and lassies at the court found that the phrase “the monarchy is a political institution” used at the website was a fake claim. Believe it or not, “the monarchy is one of the country’s core institutions and is not involved in politics.” Nothing could be further from the truth, but royalists everywhere promote the palace’s propaganda.

Arbitrary detention and digital dictatorship

We note two recent reports worthy of attention.

The first is from the Observatory for the Protection of Human Rights Defenders, a partnership of the International Federation for Human Rights (FIDH) and the World Organisation Against Torture (OMCT), has issued an appeal regarding Thailand.

It begins:

The Observatory has been informed about the arbitrary detention and ongoing judicial harassment of Mr Sopon Surariddhidhamrong, aka Get, leader of the student pro-democracy group Mok Luang Rim Nam, and Ms Natthanit Duangmusit, aka Baipor, member of the pro-democracy and monarchy reform activist group Thalu Wang. Founded in August 2020, Mok Luang Rim Nam has expanded from advocating for the rights of students at Navamindradhiraj University in Bangkok to various human rights issues in Thailand, including enforced disappearance, labour rights, and equality. Formed in early 2022, Thalu Wang has been advocating for the abolition of Article 112 of Thailand Criminal Code (“lèse-majesté”) and conducting public opinion polls at various locations in Bangkok on how the Thai monarchy affects people’s lives and whether the institution should be reformed.

On January 9, 2023, the Bangkok Criminal Court revoked Sopon and Natthanit’s bail and ordered their detention, on the ground that the two violated the bail conditions of their temporary release, granted on May 31, 2022, and August 4, 2022, respectively, by participating in an anti-government protest on November 17, 2022, during the Asia-Pacific Economic Cooperation (APEC) Summit in Bangkok….

It adds:

The Observatory expresses its deepest concern about the arbitrary detention and judicial harassment of Sopon and Natthanit, who seem to be only targeted for the legitimate exercise of their rights to freedom of expression and freedom of peaceful assembly….

The second is from Global Voices. It begins:

A ministerial decree issued by the government of Thailand detailing procedures for the “Suppression of Dissemination and Removal of Computer Data from the Computer System B.E. 2565” took effect on December 25, 2022. The decree passed despite calls from various civil society organizations to withdraw the new regulation because it contains provisions that could further suppress online free speech.

Noting that content could be removed without a court order, NGOs considered the decree “another tool of control for the authorities to silence critical dissent, and a reflection of the digital dictatorship in Thailand.”

Another FB lese majeste conviction

Sutthithep. Photo by iLaw, clipped from Prachatai

Sutthithep (last name withheld), 23, was charged with lese majeste and computer crimes for a post he made in a public Facebook group called “Free People” on 14 October 2020.  He was arrested on 9 April 2021 and the Criminal Court found him guilty on 8 November 2022.

He was sentenced him to 3 years in prison, reduced to 1 year and 6 months following the required “confession.”

Thai Lawyers for Human Rights state that he posted: “If insulting royalty or criticizing royalty sends me to hell, then fine. I’ll go to hell,” and followed up with a “message criticising the monarchy.”

The public prosecutor alleged that the post defamed the monarchy and damaged national security. That’s the prosecutor’s mantra in these cases.

It is reported that the complaint to police was made by the Ministry of Digital Economy and Society, one of 11 such complaints.

Following the complaint, “Sutthithep was arrested on 9 April 2021 at a shopping mall in Bangkok’s Raminthra area on an arrest warrant issued by the Criminal Court.” He was then transferred “to the Technology Crime Suppression Division headquarters and was detained at Thung Song Hong Police Station overnight before being taken to court for a temporary detention request the next day. He was then released on bail using a 90,000-baht security with the condition that he must not use social media to defame anyone.”

The Criminal Court “did not suspend his sentence due to a report from the probation officer that Sutthithep posted criticism of the monarchy on social media after one of his friends was injured in a clash between officers and protesters gathering on the route of a royal motorcade.” This was seen by the court as an action “intending to cause a misunderstanding about the King, damage his reputation, and cause the people to lose faith in him.”

Sutthithep is to appeal and was granted bail “with an additional security of 10,000 baht, bringing his bail security to 100,000 baht. His security was covered by the Will of the People Fund, a bail fund for people prosecuted for participating in the pro-democracy movement.”

It was in September 2022 that Sutthithep “decided to confess to the charges. He said that he was ready to face his sentence because he lives alone and has no family…”.

He was a member of “the activist group Nonthaburi New Generation Network and has been helping the group gather signatures for a petition to repeal the royal defamation [Article 112] law.”

Depths of 112 repression

Thai Lawyers for Human Rights has an accounting of lese majeste charges from 24 November 2020  to 20 June 2022.

In summary, at least 215 people have been charged in a total of 234 lawsuits.

These cases have increasingly been filed after “complaints” by vigilante “citizens” – at least 108 cases. Another 11 complaints were from the Ministry of Digital Economy and Society, 9 from a committee of the Deputy Minister of the Prime Minister’s Office, one complaint was from administrative officer, and the rest filed by police.

At least 17 minors have been charged in 20 lawsuits.

The listing of cases is revealing of the depths of repression.

Another coup rat hole?

Thai Enquirer has been following a story that developed after Digital Economy and Society Minister Chaiwut Thanakamanusorn warned of/about another military coup.

Chaiwut was moved to declare that “if a lot of people come out to protest on September 30th to seek the removal of the suspended Prime Minister General Prayut Chan-o-cha, there might be no election at all.” He said this not once but twice. Clearly he meant that there could be yet another military coup.

As Erich Parpart put it:

The fact that these statements are coming out is a clear indication of how the 2014 coup leaders manipulated the system to remain in power and are now threatening to silence opposition in order to continue to remain in power.

In this society that is being run by a pro-military government, Chaiwaut’s comments were a reassurance to their supporters that the hideous cycle of coups will continue if the people in power do not like the way how things are going against them.

Since then, “Thailand’s rumor mills were running overtime…”.

One academic-like commentator Thanaporn Sriyakul, president of the Political Science Association at Kasetsart University, said:

If there is an election, Pheu Thai will win and one of the ways to stop that from happening is to stop the election from happening….

They [the regime and its supporters] know that if they fight on this battlefield they will lose and they also do not know what is going to happen to them after the battle so what they can do now is to delay the election to buy more time for negotiations….

Thanaporn reckoned Chaiwut was not just blowing hot air: “I do not believe that Chaiwut was just joking around…”. Maybe not a coup, he said, but maybe other “legal” measures to delay an election. Whatever means, “there will be no election at the moment…”.

At the same time, Chaiwut’s comments showed he believes and perhaps knows that “Prayut will survive the Constitutional Court’s verdict on his 8-year premiership term limit that would be handed down on September 30.”

In a complicated situation, Chaiwat has probably expressed the “thinking” among the regime and its supporters.

Sharing Pavin 112

On 26 September 2022, Absorn (pseudonym), 23, employed at a private company, was sentenced by the Criminal Court to 4 years in prison on lese majeste, computer crimes.

The court decided that as she had never been previously been sentenced to prison, her sentence was reduced to 2 years and suspended for 3 years. She will be on probation for 2 years.

Absorn, a trans woman, was charged on a complaint made by the Ministry of Digital Economy and Society after she shared a Facebook post by academic Pavin Chachavalpongpun. The exiled Pavin argued that the campaign was “outdated” and:

claimed that the … royal family launched a public relations campaign in order to compete with pro-democracy protesters, such as by having Princess Sirivannavari, King Vajiralongkorn’s youngest daughter, join a dance event, or reporting that Sineenat Wongvajirapakdi, the [then] King’s royal consort, supported a Royal Project by buying products from the Sai Jai Thai Foundation.

Absorn shared the post and without adding anything to it.

She was charged in November 2020. The public prosecutor prosecuted her “on the grounds that the post contain false information and may mislead the public into thinking that the King is an enemy of the people and tries to interfere with politics. The prosecutor also said that the post was rude and intended to cause hatred against the King.”

Of course, facts about the royal family are disputed, but never by the royalist courts. At the time, it was clear that the royal family mobilized to push back against reform calls.

Absorn said the “post was shared onto her old Facebook account which she no longer used. She also immediately took the post down after a coworker warned her it might be illegal.”

Updated: Cyber-snooping

A few days ago we posted on agreements between the military-backed government and the cyber agencies of China and Israel.

On the agreement with Israel, a new revelation of cyber-snooping in Thailand aimed at political and monarchy reform activists, shows the use of the Pegasus spyware developed by Israeli security firm NSO.

Clipped from Popular Mechanics

The report states:

At least 30 Thai activists involved in pro-democracy protests were victims of Pegasus spyware during a government crackdown on dissent, according to an investigation by a group of internet watchdog organisations.

The individuals – who include academics, activists and civil society leaders – were monitored by an unnamed entity using the Israeli-made software during the past two years, according to the results of a forensic investigation released on Monday.

The results of the investigation came out yesterday in a seminar in Bangkok. See more here, including links to the report and the list of those who, so far, have been identified as victims.

Canada’s Citizen Lab and Thai NGOs iLaw and DigitalReach investigated “after six Thai activists received notifications from Apple in November 2021 advising that they had been the victims of ‘state-sponsored attacks’ intent on distributing malware.”

Citizen Lab “could not definitively tie the spyware attack to the Thai government but its investigators concluded there is at least one known Pegasus operator currently in Thailand.” NSO says it only sells the spyware to governments:

Emilie Pradichit, founder of the Manushya Foundation, a Bangkok-based human rights non-profit, said it would be “no surprise” for the Thai government to target its critics with spyware.

“The government’s goal is to truly put an end to the pro-democracy movement by exhausting activists physically and mentally in order to maintain the establishment in power,” Pradichit told Al Jazeera.

“Now, more than ever, we must mobilize and join forces to resist Thailand’s digital dictatorship and ensure pro-democracy activists remain strong and brave and can care for themselves as a priority.”

Update: After initial denials, the regime has admitted it uses Pegasus. In a surprise, Minister of Digital Economy and Society, Chaiwut Thanakamanusorn, “said in parliament late on Tuesday that he is aware of authorities using spyware in “limited” cases but did not specify which government agency used such software, which programme was used or which individuals targeted.” We all know who is being targeted -the regime/monarchy’s opponents. Chaiwat admitted this when he said the program was used in matters regarding national security. That’s now code for the monarchy.

And we can guess that the users are the military/ISOC/palace associated units.

Updated: Music that offends royalists

The royalist Criminal Court has banned Rap Against Dictatorship’s song “Patiroop” (Reform/ปฏิรูป).

The song criticizes the royalist-military government’s performance and, probably more significant for the court, it supports demands for reform of the feudal monarchy.

The fascist functionaries at the Ministry of Digital Economy and Society earlier suspended the “posting of this music video’s URL and then appeal[ed] to the court to halt its distribution.”

The court objected to “profanity” used in the song and declared that “its lyrics conveys a message that affects state security.” They mean the monarchy and its hangers-on.

The crusty judges declared the song “is not a creative contribution to society.” The court probably prefers the dead king’s musical detritus.

The court used the Computer Crimes Act Section 14 (3) in conjunction with Section 20″ to ban the song. It is now geo-blocked on YouTube. Try Vimeo.

Update: Prachatai has a longer account of this case and more detail on the royalist judiciary.