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Litigating on the Free Flow of Information in Thailand Global Freedom of Expression and Information Expert Group Meeting Duncan McCargo Columbia University February 25, 2015. Three major areas of concern
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Litigating on the Free Flow of Information in ThailandGlobal Freedom of Expression and Information Expert Group MeetingDuncan McCargoColumbia University February 25, 2015
Three major areas of concern • Libel and defamation – criminal libel can carry a two year jail term, widely abused by political actors and corporations • Lèsemajesté(Article 112) – extremely vague, anyone who ‘defames, insults or threatens’ the King, Queen or heir apparent could face up to 15 years in jail • Computer-related Crime Act 2007– catch-all law, hastily promulgated, politically abused as an alternative 112 law
Defamation: Andy Hall case 2013 • British researcher on labor and migration issues • Co-authored FinnWatch report on abuses of Burmese workers by Thai factories supplying international markets • Charged with criminal defamation by pineapple processing company Natural Fruit • Blatant attempt to intimidate critical studies of socially irresponsible business practices
Recent 112 developments: firming up, broadening scope • In 2012 the Constitutional Court declared the lèsemajesté law to be constitutional • In 2013 a man was convicted under Article 112 for defaming King Mongkut, who died in 1868 • In 2013, a defendant was convicted for ‘attempted’ lèsemajestéon the basis of images he had created on his PC but not circulated
Somyotcase • SomyotPruksakasemsuk is a labour and political activist who briefly ‘edited’ Voice of Taksinmagazine • Facedlèsemajesté(112) charges over two articles he did not write, which do not directly mention the monarchy • Trial in 2011-12, sentenced to 10 years in jail
Somyot case Somyot’s lawyers antagonized the judges and did not submit a proper or timely closing statement Their only strategy was to have 112 declared unconstitutional: they failed. In his own testimony, Somyot criticized the law under which he was being charged, but did not try to defend 112 violations as a matter of principle
Computer-related Crime Act 2007 Former broker Katha Pajariyapong was alleged to have posted web-board comments on King’s health Computer crime case, though with lèsemajesté content Convicted and sentenced to four years in jail, but currently on bail pending appeal – to be heard on March 5
ChiranuchPremchaiporn case • Webmaster of Prachatai online news agency • Charged with not removing critical comments about monarchy quickly enough • Firms up principle of Intermediary liability under CCA 2007 • Given eight month jail sentence suspended for one year in 2012 • Attracted huge international attention
Failure of international pressures • Most Thai judges have limited knowledge of English • See themselves as loyal servants of the Crown, defending monarchy and the Thai nation against internal adversaries • Largely impervious to international opinion and external pressures • Anti-EU poster urges those who don’t really understand Thai culture not to interfere with 112
Influence on media and expression • Since 2006 Thailand fallen substantially in the World Press Freedom Index • Combination of defamation, 112 and computer crime laws is having a chilling effect on free speech • Commentary and opinion is being forced into anonymous online media • At the same time, Thai society is profoundly polarized • Bangkok has been paralyzed by major street protests for several weeks • The spillover into rally mode politics reflects a huge need for more open debate