Lèse majesté in Thailand

Lèse majesté in Thailand, based on Thai Criminal Code section 112, making it illegal to defame, insult, or threaten the king, queen, heir-apparent, or regent, has been on the statute books since 1908. The punishment is three to fifteen years of imprisonment per count. There is no legal definition, however, of what actions constitute a defamation, insult, or threat against the monarchy, and there is plenty of room for interpretation.

Former Supreme Court Justice Tanin Kraivixien interpreted the wording of the law as a blanket ban against criticism of royal development projects, the institution of royalty itself, the Chakri Dynasty or any previous Thai king. There was a controversy whether criticism of members of Bhumibol's privy council also qualifies as lèse-majesté. The Supreme Court of Thailand that the law also applies to any previous monarchs. Later that year, a man was found guilty of "preparing and attempting" to commit an act of lèse-majesté, even though the law states that the mere planning of such act is not an offence. In 2015, a man was sentenced for a "sarcastic" comment online about the King's dog, Tongdaeng.

Lèse-majesté complaints can be filed by any person against anyone else, and they must always be formally investigated. Details of the charges are rarely made public. A section 112 defendant always meets with obstructions from the beginning to the end of a case, especially when asking for a provisional release. There are months-long pretrial detentions, and those who are charged are routinely denied bail, remaining in prison for many months awaiting trial. In most cases, convictions result in harsh sentences. The United Nations Working Group on Arbitrary Detention determined in August 2012 that the pretrial detention of an alleged lèse-majesté offender violated international human rights law. The courts seem not to recognise the principle of granting the benefit of the doubt to defendants. Judges have said that accusers did not have to prove the factuality of the alleged lèse-majesté material, but only to claim it is defaming in any way. Pleading guilty is seen as a move to seek a royal pardon.

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