Under section 112 of Thailand's penal code,anyone convicted of defaming, insulting, or threatening the king, queen, heir,or regent faces between three and 15 years in prison on each count.

Being an offense of defamation, insulting or threatening, according to Section 112 of the Criminal Code, it must be done against the King, the Queen, the heir-apparent or the Regent only. Excluding other members of the royal family, because according to section 112, it aims to protect the person who is the head of state. and those who are equipment in such institutions are…

     1. The King (The King) means the person who reigned while the offense was committed. Not the monarch who has abdicated the throne or the monarch in the past. Otherwise, the extent to which the element of the offence could not be determined.

     2. The Queen (The Queen) refers to the consort who is bigger than the consorts.  which only one person has passed through marriage by being the consort of the reigning monarch at the time of the crime, not the queen of the previous reign even though she is still alive.

     3. The heir to the throne (The Crown Prince), sometimes called “Crown Prince” means the eldest son of the reigning monarch and will receive the next succession to the throne as implied in The Royal Law on Succession to the Throne, 1924.

   4. The Regent means a person who acts as head of state instead of the monarch.  temporarily according to the constitution.

What is the scope of opinions about the monarchy?

            The law, section 112, It is protection for persons holding 4 positions only and doesn’t protect the institution. Therefore, criticizing the monarchy that isn’t a personal attack or criticizing other elements in the monarchy, such as members of the royal family, privy councilors, persons close to the Crown Property Bureau royal projects. There isn’t law prohibiting it andhonest criticism. That isn’t defamation, insult or spiteful can be done according to the law. But cause of the atmosphere of belief in Thai political society and interpretation of law enforcement beyond the text. Therefore, the scope of expressing opinions that will not be prosecuted is unclear.

How does section 112 affect the monarchy?

When news appeared in public that there was prosecution under Section 112 against a large number of people and severe punishment, which constitutes a violation of freedom of expression and human rights. It will indirectly result in a negative image of the Thai monarchy.  Especially, when the news goes abroad.  Foreigners who receive news may have negative feelings toward the Thai monarchy.

In addition, when talking about the monarchy in Thai society. It's the most sensitive thing. As a result, the monarchy is an institution that is far from the knowledge and understanding of society. Can’t be verified and unable to adapt to the modern world.

Citations

Thailand Penal Code Thai Criminal law, section 112.

iLaw Freedom “10 คำถาม-คำตอบน่ารู้เกี่ยวกับมาตรา 112”

<https://freedom.ilaw.or.th/freedom-of-expression-101/QA-112> accessed 9 January 2023.

THE ASEAN POST B.E.2020 “What is Thailand’s ‘112’ Royal DefamationLaw”

<https://theaseanpost.com/article/what-thailands-112-royal-defamation-law> accessed 9 January 2023.

Photo de Daniel Lerman sur Unsplash

Contributor

Napatsakorn Setsaengsri