Darunee "Da Torpedo" Chanchoengsilpakul Gets 18 years

Bangkok Post

The Criminal Court on Monday morninng sentenced Daranee Chanchoengsilpakul, alias Da Torpedo, to 18 years imprisonment for lese majeste.

The court ruled that Ms Daranee, a United Front for Democracy against Dictatorship member, made several remarks deemed to be lese majeste in a speech on the stage at a UDD rally at Sanam Luang on June 7 last year.

The court sentenced her to 18 years in jail without suspension.

After hearing the verdict, Ms Daranee, who was wearing a prison uniform and a surgical face mask, made a V sign with her hand to about 30 UDD supporters who turned up at the court in a show of support.


Eighteen years in prison for a political speech? Unbelievable. Off the top of my head, I can't think of any instance in the modern era where a person has received 18 years in jail for making a political speech, even in the most authoritarian countries.

I guarantee all the western countries that make a big stink about saving journalists and advocating for free speech for political dissidents will be stone silent over this case.

I can't still get my head around it. Eighteen years of life stripped away just for expressing political views. The whole thing makes me sick to my stomach.

The Economist on the Lese Majeste Craze

The Economist


Excerpt:

But the efforts of self-proclaimed royalists are arguably doing as much harm to the institution as criticism by their opponents. The justice minister, Pirapan Salirathavibhaga, for instance, has declared that his highest priority is the protection of the monarchy. So an elite law-enforcement agency in his ministry, which is supposed to take on drug kingpins and other crooks, is busy chasing lowly bloggers.

By persecuting Thais who give vent online, these moral guardians may be adding to the anger against Bangkok’s elite and, perhaps, fanning the flames of republicanism. Their zeal certainly undercuts Mr Abhisit’s feeble efforts to unite a polarised nation. Many observers conclude that the crown must be behind the crackdown. They think the royal family wants to keep a lid on frank discussion, at least until the 81-year-old King Bhumibol hands over to his likely successor, the unpopular crown prince, Maha Vajiralongkorn. Not so, insists a source in the palace, who blames an overzealous government for the spurt of arrests. King Bhumibol himself said in 2005 that he was not above criticism. He has also pardoned lèse majesté convicts, including Harry Nicolaides, an Australian author, in February.

Even in China, it is hard to control the internet (this week, the country delayed plans to put internet filtering software into every computer). And compared with China’s sophisticated controls, Thai censorship is Firewall 101. It uses keyword searches to turn up suspect websites. Wily netizens will no doubt stay a step ahead of the censors, using proxies and other tools, as they do in China and Myanmar. Meanwhile, the government’s efforts to protect the good name of the king are not only damaging democracy but may even rebound upon the royal reputation.

I only copied the last 3 paragraphs. Most of the story is just a run down of all the recent lese majeste cases.

Despite the Thai media's hatred for The Economist, it is by far the most prominent English news weekly in the world. Stories like this don't help Thailand's reputation at all. But the powers at be bring it upon themselves.

I am of the belief, like most sane people in the world, that arresting and prosecuting people for lese majeste is by far a bigger threat to Thailand's national security than the actual act of lese majeste itself.

In defending of the king, people are harming the king. Too bad they are too ignorant to see the obvious.

Where is the Lese Majeste? (Jakrapob's Talk at FCCT)

Well, however we have started of as a country in Patronage system.

Most of you who read about Thailand and it's brief history, because we decided to count our history 700 years ago and disregard the 300 years before that because it involved the Southern complexity.

That's why the history was chosen to start 700 years ago in Sukothai period where Sukothai was the capital city of what would become Thailand. In Sukothai at least in one the reigns of the Sukothai long history, we were led to know and believe that one of the Kings during Sukothai period, King Ramkamheang at the time to be more precisely.

Great brother oh I'm sorry Great Father Ramkamheang at the time because the idea of God like monarch hasn't arrived in this land yet during the Sukothai period. So he was or they were observed and regarded as the Great Fathers who could be benevolent to their people and gave the people what the people needed at the time.

One of the noted examples was that Great Father Ramkamheang or King Ramkamheang just to be short proposed to have a bell hung in front of his palace and anybody with specific problems could come and ring that bell and he or his people would come out and handle the problems.

That was one of the first lessons the Thai students learnt about Thai political regime that you have someone to depend upon.

When you have a problem turn to someone who can help you, so before we know it, we are led into the Patronage system because we asked about dependency before our own capability to do things.

These are the very basic concept that makes Thai people different from many peoples around the world.

So we started of like that, during the Sukothai period we had Kings that did things like that.

So people had duty to be loyal, people had duty to have faith in the system bestowed on them because that was the working system at that time and there was no competing system.

In other words, there was not there was no better idea on how a kingdom could be run so that it was the best system at the time.

Later on in Ayuthaya period, that was the capital city of a land for 400 and some years, the God like idea of monarch had been introduced with the Khmer civilization's influence. The idea of a King as a Demi-God as a representative from the Hindu Gods and the Gods beyond these Hindu Gods had arrived in our land at that time.

So the Patronage system of helping people or being dependable for people had been changed into the state of protection.

If you have loyalty to the King, unquestionable loyalty to the King, you would be protected, in order to show this protection more clearly, people who do otherwise must be punished.

So the very system in Ayuthaya period shows or showed that there was an evolution of the system, some people might call it regressive, some people would call it progressive. Whatever it might be in your opinion, it was a combination between the benevolence of the Great Fathers model and the Great Leaders model. In other words, the Kings of Ayuthaya were powerful and the concept of power were realized at the time that if people in power could be benevolent, you could benefit from that power as well. In other words Ayuthaya period taught Thai people to live with power, how to live with it. How to survived in it, and how not to be destroyed by it. But Ayuthaya period also triggered the new relationships in a land, the master slave relationship, the noble and commoners relationship. That was Ayuthaya.

Then came Rattanakosin period, I would eh bypass the 12 years of Thonburi period. In Rattanakosin period, in which we are now.

The Chakri Dynasty was the starter of this so called Rattanakorin Rattanakosin period.

What it it is? It's a combination of Ayuthaya and the new skills of what I would like to call knowledge management.

In other words, the glory of the chief father is combined with the power of Ayuthaya period and the Demi-God stature of the monarchs has been added during Rattanakosin period with the so-called knowledge management.

Knowledge is power at that time, it was perceived so. That's why King Mongkut spoke English in his court and he introduced science and probably technologies, inventions, foreign goods that were completely unknown to Thai people at that time. As one of the sources of his powers King Mongkut was seen not as a benevolent King, not as the best of the chief Father King but as the Father of science and technology. He's still regarded that way.

So in other words, the system in Thailand has been to the point that leaders and rulers have been finding the best way possible at that time to convince people that they are dependable. The sources of their being dependable varies over time, like I described to you.


His English is poor, but everything he said you can find in most Thai history books.

Where does he mention HMTK, the Queen, or the Crown Prince?

There is no crime.


Here is a Nation Channel report on the story. Fair and Balanced as always.

Daranee Charncherngsilpakul " Da Torpedo"--Political Prisoner--Languishes in Jail for a Year and Gets Secret Trial

The Nation


A defence lawyer for alleged lese majeste offender Daranee Charncherngsilpakul expressed concern yesterday that his client may suffer a negative outcome because she faces a closed-door trial.


Prawese Praphanukul said it was hard enough fighting a lese majeste case in the open, so having the trial closed to the public and media would make things even more difficult.

"Normally in an open trial [of such a case] the lawyer won't try to wrestle with the judges but if it's done in secret we will need to have legal assistants as witnesses."

Reporters and anyone not directly involved with the trial were barred from observing the proceedings, which began on Tuesday.

Daranee was arrested last July for allegedly defaming the monarchy in three separate speeches. She faces up to 45 years of jail if found guilty.

Reuters has more here.

Thai Political Prisoners here.

New Mandala here.

Prachatai here.

Amnesty International is silent, of course.

10 years for Lese Majeste

The Nation


A man was yesterday sentenced to 10 years in jail for posting on the Internet doctored images mocking certain members of the royal family.


The Criminal Court found Suwicha or Chinnapat Thakho, a 34-year-old resident of Nakhon Phanom province, guilty of acting in contempt of the monarchy. The defendant was found to have violated the Penal Code, the Constitution and the Computer Crime Act.--

---

The court yesterday gave an initial penalty of 20 years' imprisonment but later reduced it by half due to the defendant's confession. Suwicha, taken from the Bangkok Remand Prison in inmate attire to attend the verdict reading, wept with his parents and relatives from Nakhon Phanom upon hearing the ruling.


As a blogger, I follow as many stories on Thailand as possible. I'd say that the lese majeste stories get more international exposure than anything else. The reason I think they get so much coverage is because the penalties are draconian.

20 years in jail for posting a doctored picture of the King on the internet?

Murderers, drug dealers, rapists, child molesters, corrupt officials get lower penalties than that.

The crime is stupid and the penalties unjust. I think it is insulting to the monarchy for people to think national security is threatened because of some lame picture on the internet.

Abhisit at Oxford (short excerpt on lese majeste)

I wish it was the whole speech, but it is only on the lese majeste bit with Giles.

Whomever uploaded the video obviously wanted to tell one side of the story, Abhisit's story.

Democrats, Police Go After Prachatai, Using Lese Majeste to Crush Dissent

Prachatai's Webmaster Held by CSD

Bangkok Post

Crime Suppression Division (CSD) police yesterday raided the office of Prachatai's political website and took its webmaster into custody accusing her of violating the Computer Act.

About 10 CSD officers led by Pol Col Satit Tachayapop, deputy CSD commander, went to the (prachatai.com) office yesterday. Armed with a search warrant dated March 5, 2008, they searched the office and detained Cheeranuch Premchaiphorn, the webmaster.

The CSD team accused her of violating Article 15 of the Computer Act as well as disseminating lese majeste content on the website from Oct 15 to Nov 3 last year.

The police interrogated her for hours and copied all files from her personal computer. Chantana Banpasirichote, a political lecturer from Chulalongkorn University, yesterday used her position to guarantee Ms Cheeranuch's bail.

Chuwat Lertkitisuk, the website editor, said the police raid could have been prompted by certain messages posted on the site's web board.

A lot of messages have been posted, and the webmasters might not be quick enough to delete alleged lese majeste messages from the web board, he said.

CSD officers also seized PCs and relevant documents as evidence, he said.

"This is obviously media intimidation and the latest case of using lese majeste as a tool to curb freedom of expression," said Mr Chuwat.

---

About 50 international academics recently signed a letter demanding he amend the lese majeste law.

He said his plan to make changes to the law was intended to ensure justice in society, not to favour the academics. Any amendment will not have any effect on lese majeste cases in the past.

Suthep Thaugsuban, deputy prime minister for national security, took a tougher stance against the lese majeste law amendment.

"Whoever tries to persuade me to amend the law, I won't agree with them. I won't let anybody defame the monarchy. At the same time, I will make sure no one can use the monarchy as a tool to abuse others," he said.

The Democrats have no credibility. If you notice, they are not just shutting down websites that attack the king, but silencing people who criticize the Democrat Party, the military and the PAD, as if this axis of evil is the untouchable Praetorian Guard of the monarchy.

Anybody with half a braincell can see that the Democrats are actually more guileful than Thaksin when it comes to destroying their opposition. How shameless can they be?

They used the military and the PAD to get into power, and now they are protecting their allies and silencing their critics. Under Thai law, the leaders of the PAD should be rotting in jail for treason and terrorism charges. Instead, they are about to start a new political party. Gee, traitors and terrorists get a new political party after their reign of terror and bringing down the government, how quaint.

Can you imagine in the West, police thugs raiding a newspaper, and confiscating all the materials and putting somebody in jail for something they wrote, or a poster wrote on their website?

There would be international condemnation and people would be in the streets.

Also, every law abiding citizen who ever posted on Prachatai will now be in a police database, regardless if they wrote anything critical of the monarchy or not.

The Democrats are the party of fascism, the PAD is their SA, and the police and military their protectors.

The whole situation is revolting.

The AHRC condemns the action here.

Jon Ungpakorn responds here.

BBC (from Prachatai) here.

The Nation here.

New Mandala and excellent follow up comments here.

Wall Street Journal and Thai Lese Majeste Law

In Thailand, Insulting the King Can Mean 15 years in Jail

Jame Hookway

Wall Street Journal

Thailand's strict law against offending the monarchy, therefore, seems almost superfluous. King Bhumibol himself has said he doesn't need it, and he has lodged no charges. But politicians keep the 100-year-old law alive to score points against their enemies as they jostle for power in a period of political turmoil.

"It's the ultimate weapon in Thai society," says Jakrapob Penkair, a 40-year-old former government minister who is now trying to stay out of jail after rivals accused him of maligning the monarchy. "If you can accuse somebody of insulting the king, then you've gone a long way toward eliminating them."

The past few months have seen a spike in cases of lèse-majesté, as the crime is formally known, as the political temperature here has climbed.

Political activist Daranee Charnchoengsilpakul was arrested and imprisoned without bail in July for allegedly insulting the monarchy at a pro-government rally. She told reporters after her arrest that she was just speaking the truth.

Thai media mogul Sondhi Limthongkul was charged with the crime for reporting what Ms. Daranee allegedly said, this time at an antigovernment rally. Mr. Sondhi says he isn't worried about his case.

Police are also investigating allegations against British Broadcasting Corp. correspondent Jonathan Head for, among other things, allowing a picture of a politician to be placed above a picture of King Bhumibol on a BBC Web site. The BBC denies the allegations and says it is cooperating with the police investigation.

And Harry Nicolaides, an Australian author and college lecturer, was arrested Aug. 31, for allegedly insulting members of the royal family by publishing a fictional account of their private lives in a novel he put out in 2005.

Denied bail, he is being held in a Bangkok prison in a cell with 90 other men. A spokesman for the Australian government's Department of Foreign Affairs and Trade says letters of apology from Mr. Nicolaides and his family have been delivered to the Royal Palace in Bangkok. According to Mr. Nicolaides, only 50 copies of the self-published book were ever printed, and just seven were sold. No trial date has been set; if found guilty, Mr. Nicolaides faces up to 15 years' imprisonment. Mr. Nicolaides says he didn't intend to offend the royal family and is sorry for any distress he has caused. "Let everybody know I'm sorry and I didn't mean to upset anybody," he says.

---

Police are also obliged to investigate every complaint. That's how a local student was sucked into the fray after refusing to stand during the playing of Thailand's royal anthem before a screening of the Lindsay Lohan film "I Know Who Killed Me."

The anthem is played before movies are shown in Thailand, and while standing isn't compulsory, everybody is still expected to do it. Chotisak Onsoong, 27, refused and was pelted with popcorn and smacked with rolled-up movie fliers by others in the audience. One filed a police complaint against Mr. Chotisak. He is still being investigated.

The controversy has turned Mr. Chotisak's life upside down. A thick-set young man with long, wavy hair, he is seeking refuge in a series of safe houses after a Thai newspaper published his address. "I'm afraid to travel by bus, so I have to go by taxi, and I wear a baseball cap and sunglasses to disguise my appearance," he says, anxiously fingering his mobile phone and keeping his head down when people pass him on the street.

He says he didn't intend to insult King Bhumibol personally but insists he has a right to choose whether to stand for the royal anthem. Mr. Chotisak says his parents, while offering their support, are also regularly visiting Buddhist temples. "They think a curse has been placed on me, and they are paying penance in order to lift it," he says.

The problems of Mr. Jakrapob, the former government minister, began when he delivered a speech to foreign correspondents last October. The gist of it was that some Thais were banding together in support of the monarchy in a bid to end the country's one-person, one-vote democracy.

That was enough for politicians to press the police into prosecuting Mr. Jakrapob, with the leader of the opposition accusing him of harboring "a dangerous attitude" toward the monarchy.

Jakrapob at FCCT



Da Torpedo's Speech --Daranee Charnchoengsilpakul









Interview with Harry Nicolaides Mother

Jonathan Head, the BBC and Charges of Lese Majeste

BBC reporter accused of lese majeste


WASSAYOS NGAMKHAM


Bangkok Post


A police officer who accused PM's Office Minister Jakrapob Penkair of offending the monarchy yesterday lodged a fresh complaint against a BBC reporter for alleged lese majeste. In his complaint with the Crime Suppression Division (CSD) yesterday, Pol Lt-Col Wattanasak Mungkitkandi, of Bang Mod station, accused Jonathan Head of posting inappropriate photos on www.bbcnews.com.

Mr Head, who was named as the producer of the website, should be held responsible, he claimed

.

Pol Lt-Col Wattanasak also accused the British reporter of collaborating with Mr Jakrapob in undermining the monarchy, citing his attendance at the Foreign Correspondents Club of Thailand's (FCCT) forum on Aug 29 of last year.

Mr Head was the moderator at the forum when Mr Jakrapob delivered his controversial speech about the patronage system, according to the complaint.

Earlier Pol Lt-Col Wattanasak filed a complaint against Mr Head in connection with remarks he allegedly made when moderating a panel discussion at the FCCT on Dec 13 last year entitled ''Coup, Capital and Crown''.

He also initiated the criminal investigation against Mr Jakrapob for his controversial speech.


There are two things that astonish me about this case:

1. How can somebody become a Lt. Col and be this stupid.

2. The right-wing nationalist Bangkok Post refuses to point out the stupidity of this case, refuses to point out the factual mistakes, and refuses to point out exactly the charge being put forth.

There is not one shred of evidence that Jonathan Head collaborated with Jakrapob to "undermine the monarchy."

The Bangkok Post knows this, but prints it anyways.

Funny how the Thai media cries over government intimidation, yet when a farang reporter gets charged with this asinine crime, they are silent.

Reuters: Thailand Plans Tougher Lese Majeste Law

By Nopporn Wong-Anan

BANGKOK (Reuters) - Thailand, which strictly enforces laws protecting the monarchy, plans to extend protection to royal advisers and other members of the royal family and restrict media coverage of cases, lawmakers said on Monday.

Under the proposed amendments, to be debated by the army-appointed parliament on Wednesday, journalists could be jailed for three years and fined 60,000 baht ($1,750) for ignoring a court-ordered publication ban.

"We don't want any offence to the monarch to be repeated in the news or become an issue of any criticism" inside or outside Thailand, Supreme Court chief judge Pornpetch Wichitcholchai told Reuters.

Those protected by the expanded law would include sons and daughters of the monarch and royal advisers known as privy councillors, Pornpetch said.

"The current law doesn't cover privy councillors, some of whom have become political victims," he said.

Last month, the government threatened to block clips on video-sharing Web site YouTube that accused chief royal adviser Prem Tinsulanonda of masterminding last year's bloodless coup.

Such allegations against Prem have been made by supporters of ousted Prime Minister Thaksin Shinawatra during demonstrations and denied repeatedly by the generals and government they appointed.

Continued


The specific singling out of journalists who publish anything other than royalist propaganda is truly frightening. So under the new proposed law, the media can't write or broadcast anything critical of the Privy Council.

Hell, why stop there? Why not make it illegal to criticize Na Ayutthaya's, bureaucrats and military personnel or anybody who can claim to be a political victim anywhere in the world?

Of course, the Thai media will cave to this law. It is cowardly and incompetent already.

Sulak's Banned Book Via Fringer and Bangkok Pundit

Originally from Bangkok Post:

The Special Branch Police has banned a book on Thai democracy written by respected scholar Sulak Sivaraksa.

The ban on Khawn Sattawat Prachatippatai Thai (Thai Democracy After More Than Half A Century) was issued by Pol Maj-Gen Sombat Supacheeva, chief of the Special Branch Police printed media affairs section, who claimed the book ''undermines social order and public morals''.

Police said sales and distribution of the book are prohibited. They will confiscate copies already on sale.


Here is the citebite link courtesy of ThaiCrisis. Bangkok Pundit's blog post here. Here is the link to Prachatai


Here is the permalink to Fringer's blog about the Sulak book.


Here is the pdf link to the book.


Frankly, I have only finished 8 pages of the 34 pages in the pdf.

It is interesting so far. There are parts of the book that are critical of the monarchy. From my perspective, I wouldn't necessarily call it lese majeste, but I can see how the powers at be would interpret it that way.

From what I have read so far, Sulak is critical of the propaganda surrounding the monarchy, arguing that it is anti-democratic and inherently unhelpful to Thailand's democratic development, because the language and culture that surround the monarchy supports a socially stratified society. He is right: The social, political, spiritual and economic stratification propagated by the culture of the monarchy doesn't support democracy in Thailand. He is also critical of the propaganda surrounding Orthodox Thai Buddhism that supports the notion that your life is predetermined by your karma. So if you are poor, then that means that is your destiny and there is nothing you can do about it. Conversely, if you are rich, powerful and beautiful, you should be treated with awe and respect because of your superior karma. He is also critical of how the monarchy takes advantage of Thai people's proclivities towards magic, superstitions, and miracles. For example, he brings up the imagery of the King's so-called rain-making abilities. I agree with this. Just look at the rain-making imagery in the pre-movie propaganda films. He is also critical of how official Thailand cajoles the people, sometimes against their will, into supporting the propaganda apparatus that surrounds the monarchy.

Indeed, he is critical of the government resources that are being spent in propping up the aura of the monarchy, e.g. the recent celebrations concerning the 60th anniversary of the king's reign, especially when there are so many poor people in Thailand. Why spend so many resources on celebrations and festivals when Thailand has many social problems that need to be addressed? Sulak also addresses sufficiency economy, the king's finances, and the lack of discussion and openness concerning both.

He talks about Pridi Banomyong, Buddhadhasa Bhikku and rants about the evils of commercialism and materialism as usual.

Lots of good stuff. I don't always agree with Ajarn Sulak, but I do applaud him for going out on a limb and for his courage. Fringer is also going out on a limb, as is Prachatai for linking to the pdf.

As a I get more deepers into the book, I'll probably comment more on it. Actually, I am really busy, but just wanted to throw this up when I had the chance.

My Thai to English interpretation might not be entirely correct. So if I got something wrong, please let me know. I don't want to incorrectly paraphrase Sulak's words.

If there is a section of the book that you want me to comment on, send me the section, because I don't have the entire book.

The Crisis of Siam: Propaganda War on YouTube

In disclosure, I don't subscribe to this conspiracy theory.

I want to post these videos to demonstrate what happens when a country decides to write laws that try to squash freedom of speech in the name of protecting the royal family and untouchable political actors.

This is also what happens when the media is irresponsible and doesn't do its job.

The Crisis of Siam is not caused by conspiracy, but because of the lack of verifiable information around, so that people can make informed decisions.

I didn't find these videos titillating; instead, I found them to be tragic.

Bangkok Post on the YouTube videos here.

Bangkok Pundit on the YouTube videos here.

Is Crown Prince Vajiralongkorn dead?

I am hearing rumors that the Crown Prince is dead. I don't know if it is from Aids or what.

Since we live under a military dictatorship that wants to kill Thai freedom of speech, let me take a stand for it right here.

If that old shithead Sittichai wants to go after me, let him.

Thailand without a crown prince? What does the future have in store for us? Good omen. Bad Omen.

Does the Crown Princess Srindhorn take over the spot or does the Crown Prince's son?

Who will be the Regent when the King passes on?

With all being said and done, if the rumor is true, I feel bad for HM the King. It is never good to see your children and grandchildren go before.


Apparently, the Crown Prince is alive and well according to The Nation:

HRH Crown Prince grants robes for nationwide ordination HRH Crown Prince Maha Vajiralongkorn has graciously granted 84 sets of triple yellow robes to the nationwide ordination of 7,476 Buddhist monk men to celebrate His Majesty the King's upcoming 80th birthday anniversary.

Culture Ministry's Religious Affairs Department hosted on Friday a ceremony at Wat Bovornnivet to receive the royal-granted robes for the ordination, hosted by the department, the Office of National Buddhism and related agencies.

Permanent Secretary for Culture Veera Rojanapojanarat said the 7,476 candidates comprised of 89 individuals from each of 75 provinces plus 89 at each of nine central temples being Wat Bonornnivet, Wat Saket, Wat Chanasongkhram, Wat Pak Nam, Wat Trimitwittayaram, Wat Suthatthepvararam, Wat Phrachetupon Wimolmangklaram, Wat Yannawa and Wat Rama 9.

The head-shaving rite is schedule for July 26 and the ordination ceremony (Upasampada) would be held the following day.

The royal-granted robes would be presented to the Preceptor (Upajjhaya), who would be responsible for the newly ordained monks throughout their monastic life, at each province and at each of the nine central temples, Veera said.

Those wanting to make donations to support the activity should contact the Religious Affairs Department, according to Veera.

Thaksin and Lese Majeste Update

Sonthi accepts lese majeste decision

The Nation


Council for National Security chairman General Sonthi Boonyaratglin said Wednesday he respected the decision of public prosecutors who opted not to pursue cases of lese majeste against deposed prime minister Thaksin Shinawatra.

Sonthi commented after the decision was announced on Tuesday. He said the matter was going through the legal process and overseen by the police, so the CNS would not interfere.

"We respect the decision of the public prosecutors," he said.

Claims of lese majeste were cited as one of four general reasons used by the junta to justify the coup on Sept 19 to depose Thaksin.

Asked if the decision meant the coup-makers had not done their work successfully, Sonthi replied that he could not explain all reasons to the public because it involved national security.


One reason the military got rid of Thaksin was because he dissed the monarchy. The public prosecutors let Thaksin off the hook. But General Sonthi says there is more information, but he can't reveal it because of national security.

In other words, the military overthrew the government for something that it refuses to talk about. And this asshole Sonthi is the one who said he overthrew the government in the name of protecting "real democracy." Somebody should tell this general that he can't just capriciously overthrow elected governments without any legitimate reasons.

And, guess what, the PAD and the Campaign for Popular Democracy are going to stand by and accept this. But I guess I always knew what a sham both those organizations are.

Not only are the phony democrats going to accept it, they are going to start their protests up again because the junta is not tough enough on the Thaksinistas and the anti-coup protesters.

Bangkok Post: Academic David Streckfuss Discuss Lese Majeste

Is it now time to discuss lese majeste law?

With the current political turmoil spawning a spate of lese majeste charges, what can be done to prevent the law from being abused?

Bangkok Post

By DAVID STRECKFUSS

Has the time come for the lese majeste law in Thailand to be reconsidered? The question is worth asking especially in times of political turmoil like this that inevitably spawns a spate of lese majeste accusations. The question deserves a thoughtful and serious response.

Like many laws, the Thai lese majeste law, as written, may have outlived its original purpose and its use has simply devolved into insensibility. Rather than protecting the prestige of the monarchy, the invoking of the lese majeste law has become a tawdry and naked attempt to use the institution to suppress views that one side or another does not like.

The lese majeste law, as it now stands, is anachronistic. The punishment has steadily climbed throughout the twentieth century; its last infusion made by the coup d'etat government following the bloody suppression of Oct 6, 1976, which increased the punishment to a minimum of three and a maximum of 15 year's imprisonment.

Many such coup orders made by dictators have been brought forward for amendment or revocation. This remnant of dictatorship, unfortunately, has not enjoyed the same fate. Who dares even suggest that it be revised or abolished without fear of being charged with lese majeste? What politician dare enter the legal morass of voting for such a measure?

Adjudication of defamation cases is tricky enough as it is. Defamation cases don't involve ''evidence'' and ''facts'' in a normal way. Separating the line between fact and metaphor, assessing intention and the impact of words _ and assessing criminality from such _ is not something police, prosecutors, or courts are well trained in. In Thailand in the last decade or so, the number of defamation cases has tripled. It has become standard practice for those in power to respond to criticism with a defamation charge.


Continued


This article brings up a lot of good points.

The lese majeste law is used primarily to silence and/or punish political dissent that usually has nothing to with the monarchy itself. Thaksin and his cronies were guilty of doing this often.

One argument that I agree with, and both Steckfuss and King Bumibol point out, is that lese majeste actually undermines the monarchy rather than protects it.

The government's response towards YouTube created more problems than it solved, for example. The Thai government actually fomented more nastier attacks against the monarchy out of spite because of its boneheaded actions.

Also, and I have said this before, what happens if the the Crown Prince turns out to be a disaster after the succession? Are people just going to sit back and accept it? It is better to have the discussion about succession and lese majeste now rather than wait for another political disaster and military crackdown.

Deconstructing Tulsathit: More YouTube Talk

STOPPAGE TIME

Net's cheap and easy freedoms put values to the test

The Nation

Tulsathit Taptim


"F*** JC! He got off easy! A day on the cross, a weekend in hell, and all the hallelujahs of the legioned angels for eternity! Try seven years in f***in' Otisville, J!"

I was arranging my thoughts on how to rebut YouTube's questionable faith in freedom of expression when the above speech, uttered so convincingly by Edward Norton in the "25th Hour", assaulted my eardrums and in the process left my prepared points of argument in disarray. As a non-believer, it's encouraging to hear such a provocative statement about Jesus Christ coming from a superpower nation that generally worships God.

What if that could be possible in Thailand? It will never be possible, because Thais are really not Buddhists, because a Buddhist sees the dhamma, observes the absurdity, and then goes on. And that is how most rational people, from the East and West, operate. It is the insecure, the fanatics and true believers who can't accept anybody attacking or questioning their sacred cows.

I feel sorry for the believers. Or should I? The suggestion that their faith and beliefs are the mere result of the best and most elaborate hoax in the history of mankind surely could upset so many, but it would also inadvertently give strength to the faithful. The point is that no idea can stand, or should stand, unchallenged. We think, therefore we are.

Why feel sorry for irrational fanatics and true believers? Why is Tulsie taking a stand for liberal thought when he doesn't advocate in action?

Values have to be tested and tried. And also challenged and defended, of course. The controversial YouTube video clip, no matter how malicious the intent behind it, has opened a Pandora's box. The ongoing episode raises a lot of questions - about freedom and responsibility, about cultural sensitivity, about the rights of one person against those of millions, and about how far we should go to defend our values and how much we should let our values be tested for their own good.

Most of those are stupid loaded questions. What the question should be is how could such a stupid thing like a lame video cause such an outcry, especially when most Thais will never see it, don't have to look it and won't be offended by it if they choose to ignore it.

Indeed, the offense to the monarchy doesn't exist except in the minds of those who choose to make the video offensive.

We now know YouTube's values. Its owners won't tolerate footage of nipples and penises, and "pornographic" uploads have been removed on the grounds that they fall outside of the "community" norm. Yet a spokesperson for the website said that postings that ridicule or offend sacred figures revered by millions "do not violate our policies".

Why should a private company in a foreign country be responsible for offending royalists when it wasn't even responsible for uploading the video? The anger is misplaced. YouTube did nothing wrong, yet it gets blamed for the act of an uploader. YouTube gets blamed for being culturally insensitive for a cultural offense it didn't commit. That would be like the US government holding a Thai company responsible for the actions of one its customers

Also, Thais had the freedom to go to the website to voice their complaints to the uploader. But instead of entering into a dialogue with the uploader, Thais chose to punish YouTube by censoring it and millions of people in Thailand who like to visit YouTube.

YouTube has the right to defend its principles, and so do Thais who consider anti-monarchy postings more obscene than pornography. "Freedom" tests everyone's tolerance, and freedom exercised without sensitivity or responsibility, or with malice, presents the biggest challenge of all.

YouTube is defending the right to host a controversial uploaded video on its own fucking website. Unless YouTube is breaking the law, it shouldn't have to justify itself to anybody.

These editors at The Nation are far more offensive to the monarchy, to liberal values, to Thai values, to a progressive Thailand than any stupid insignificant video on YouTube. I don't think The Nation is sensitive to the problems of Thais or handles it responsibilities as a news outlet seriously. In fact, I think The Nation is contributing to the destruction of Thailand. I make this clear every day. But I don' complain to the government to shut it down and I don't advocate it being censored because of its offensive behavior. Instead, I point out in the best way I can why I think The Nation is a horrible newspaper and state the reasons why I think it is a destructive force in Thai society. My opinion is one of many different opinions. It makes a difference or it doesn't. Some may like me, some may be offended by me. Frankly, I don't care. But if somebody challenges my views and tries to convince me that I am wrong, I will listen, because the possibility exists that I could learn something from the exchange.


When it comes to the monarchy, why are people so afraid? If people are true believers and are so enthralled by their love of the king, then nothing should be able to shake those beliefs and that love. They should be unflappable. And for these editors at The Nation to even argue that a stupid video that nobody has watched is offensive to the monarchy when King Bumibol probably could give two shits about it says more about the shaky feelings of these hysterical royalists than it does about the offender.

Thai authorities lost this battle the minute the controversial video clip was uploaded. Ignoring it would have provoked a major local uproar, so they chose to block the website, playing nicely into the hands of those waiting to say, "See? This is what dictatorial rulers do." The spiritual link between Thais and the beloved King doesn't matter because nearly every debate on Net freedom has ended in a victory for the freedoms of the anonymous. "You" was Time's Person of the Year for 2006 and this powerful tide of democratisation is sweeping everything else aside.

The problem is deeper. Most Thais are incapable of having a rational discussion about the monarchy because of decades of systematic brainwashing. And because the monarchy is a taboo topic, there will be some people who resist being stifled. In Thailand, Thais say nasty things about the monarchy all the time. I think I have heard horrible things about every member of the royal family with the exception of Princess Sirindhorn. What is so ironic about this supposed outrage about a YouTube video is that those who are outraged about it have probably at one time or another said something nasty about the monarchy or a member of the royal family.


How many have heard about the King killing his brother, or the Queen's drug problems, or Princess Ubolratana's nasty divorce, or the Crown Prince's anger problem, or Princess Chulabhorn's plagiarism? Guess what? Thais gossip about these things all the time. How are these nasty things said about the royal family in Thailand any different than the YouTube video?

The Internet gives freedom a new meaning. It's a freedom that you don't have to fight for and the fact that this freedom comes cheap and easy may help explain how it is being used. The person who posted the contentious video clip would cry foul about his or her rights being violated had it been removed, and this voice, as far as the global community is concerned, would be louder than that of millions of Thais whose right to worship their King was insulted.

Considering what I wrote above, doesn' Tulsie sound like a sanctimonious prick? He knows the gossip just as much as I do. But here he goes on with his little disgusting charade.


I am going to go a little further. This notion of worshiping the king is nothing but a lie.

Yet faith can either be undermined or reinforced under these circumstances. God has been questioned, mocked, scrutinised or provoked in numerous works of modern art. He still holds sway, despite people like me, and flourishing "freedoms". But is he "the same" as 2000 years ago? Absolutely not.

What is the point of this statement? God has been rigorously attacked and defended for a couple thousand years. We have literally millions of pages of texts from many sides of the God debate that have become the foundation of western religion and philosophy. The difference between the West and Thailand is that Thailand is afraid to have sensible debates about the monarchy at all, not because they love and respect the monarchy, but because they are too intellectually weak to defend it.

Why make an argument for or against the monarchy when some hypocritical asshole in the military or bureaucracy who only loves the monarchy as a pretense can make up your mind for you?

This is a new era and at the end of the day nobody escapes scrutiny and contempt. All institutions and entities need to flirt with chaos and threats at times in order to remain strong. I guess all we can do is let the flaws and merits of freedom wrestle in a soul-searching fight and move on. Thais love and want to protect His Majesty the King of their own free will, and this fact alone will ensure their values can withstand the assaults. As for YouTube, the controversy has brought its noble founding principles into question.

Tulsie tries to suck us in with his reasonableness. But, in fact, he is being an asshole. Thais are not allowed to defend the monarchy of their own free will. And this is at the crux of the YouTube controversy.


As for YouTube, it is nothing but a medium for somebody else's expression against the monarchy. Tulsie and the rest of the columnists don't seem to get this.

Freedom is nothing without responsibility. Did the YouTube poster "exercise" freedom or "exploit" it?

The uploader exercised freedom on YouTube because there is no freedom in Thailand.

Let's just hope the video-clip incident is a learning curve, because if it's a precedent-setter this much-proclaimed stage for global "convergence" may degenerate into just a weird kind of war-zone. And we will be left saying the same thing as the Norton character in "25th Hour". After lambasting everyone including Jesus Christ to vent his anger, he cools down and admits: "No. No, **** you, Montgomery Brogan [himself]. You had it all, and you threw it away, you dumb ****!"

These columnists don't get that this has nothing to with YouTube or globalization.


The problem is that Thailand is not a free country. People are not allowed to express themselves. The internet is nothing but a medium for communication. The royalists don't want to confront the lack of freedom in Thailand or discuss the political role of the monarchy in public.
In other words, the columnists at The Nation, the militarists, the bureaucrats want to control the information regarding Thailand and the monarchy. This is obvious. Look at who owns and controls communication in Thailand right now.

These folks are incapable of accepting political expression that deviates from the party line because they know that expression will be directed at them and their flimsy authority.

So, what this is all about is not love and respect for the monarchy, but rather about sustaining those methods of control that sustain certain power structures in Thailand.


To be continued

Financial Times: Thai Government Blocked YouTube Over Lese Majeste Video

Thailand blocks YouTube over mocking video

By Amy Kazmin in Bangkok and Shawn Donnan in Hong Kong

Published: April 4 2007 07:40 | Last updated: April 4 2007 07:40

Thailand’s military-installed government has blocked the popular website YouTube over a provocative video that mocks revered King Bhumibol Adulyadej, amid rising political tensions over the role of the monarchy in September’s military coup.

The government’s move to block the site late Tuesday night comes amid a rapid rise in the number of blocked websites in Thailand, as the military struggles to prevent Thaksin Shinawatra, the marketing and technology-savvy exiled former prime minister, from using the internet to reach out to his supporters, and remain in the public eye.

The move also comes at a time of mounting public controversy over the alleged role of Gen Prem Tinsulanonda, chairman of King Bhumibol’s Privy Council, in fomenting the coup that ousted Mr Thaksin.

In recent weeks, anti-coup political groups have circulated an unprecedented petition, calling on the king to remove Gen Prem, who is widely believed to have encouraged the military to move against Mr Thaksin – a belief that repeated denials by Gen Sonthi Boonyaratkalin, the army chief, have done little to dispel.

Thailand’s strict lese-majeste laws – which make it a serious crime to say anything deemed offensive to the prestige of the royal family – normally deters any open or critical discussion about the role, and actions, of the monarchy in Thai political life.

But analysts say the common perception of Gen Prem’s deep involvement in the coup – and the suspicion that it also had the King’s blessing - has emboldened some angry Thais to challenge the long-held taboo, which is normally enforced with the threat of lengthy prison sentences.

The YouTube video that almost certainly prompted authorities to block the site features a slide show of pictures of the king defaced with crudely drawn electronic graffiti, with the images set to tinny martial music.

It is rare on the site in that most of the videos posted about the king feature reverent images or benign footage of ceremonies marking either his 60th anniversary in power or his recent 79th birthday.

The video, which has been viewed more than 6,000 times since it was posted on March 29 by a user called “Paddidda,” a seemingly Thai-sounding, but actually nonsensical name, has also drawn a vitriolic response from some angry Thai users, who have demanded it be pulled off the site.

“We love our King and I know that you'll never understand something like this because you don't have King in your country and you have never met the one who could give anything for his people,” one user said in a comment posted Wednesday. “So just shut the f*** up, if you don't know the damn thing.”

But it has also prompted a debate about free speech. “Please Thais on this board, stop acting like fundamentalist shouting ‘Allah Akbar!’” one user wrote Wednesday. “We are not that, use your brain. Ranting will only hurt Thai people on the whole! I know it's not appropriate and all but would you please calm down?”

The same user said the image was likely posted by “a Thai who's been a bit drunk on free speech and what not.”

Another user said: “The king is like our father, but that much is said by so many people. I never think he is an untouchable god, but he is loved and respected. If anyone does this to pictures of your parents, you certainly won't be happy about it, right?”

Oliver Jufer Gets 10 Years for Pleading Guilty to Lese Majeste

Swiss man jailed for insulting Thai king

CHIANG MIA, Thailand, March 29 (UPI) -- A Swiss man has been sentenced to 10 years in jail in Thailand for defacing posters of the king with spray paint.

Oliver Jufer, 57, pleaded guilty to five counts of insulting the Thai king and could have been sentenced to 20 years in prison. A judge reduced the sentence because of the guilty plea, the BBC reported.

Jufer was captured on videotape drunkenly marring a poster on King Bhumibol Adulyadej's 79th birthday in December.

Strict laws forbid any criticism of the Thai monarchy.

The BBC said that Jufer is believed to be the first foreigner imprisoned for criticizing the king. While he has a month to file an appeal, his best legal hope is a royal pardon, the report said.

The Nation: Police Cook Up Phony, Insignificent Lese Majeste Charges Against Thaksin

SIX MONTHS AFTER COUP

The Nation


Police probe six cases of lese majeste against ousted premier

Police are investigating on six cases of lese majeste against deposed prime minister Thaksin Shinawatra, one of which was his interview with CNN in Singapore early this year, Police Chief Pol Gen Seripisut Temiyavej said Tuesday.

Three of the cases were already put forward for consideration to the public prosecutors.

First was when Thaksin talked to a group of taxi drivers on December 5, 2005, second was when he said in his weekly radio talk and when flags with "Long Live the King" were used to receive his visit.

Public prosecutors have asked police to collect and provide more evidences on the cases.

Police still investigated other cases, one of which was Thaksin's interview with CNN in Singapore early this year, Seripisut said.

The police chief was speaking in a press conference to report police's works during six months after the military junta seized the power from Thaksin.

If these are the reasons for the coup, then Lord Buddha help us all. Democracy in Thailand really is doomed.

Get Drunk, Spray Paint King Bumibol's Picture, Go To Jail In Thailand For 15 Years

Analysis: Thailand’s draconian lese-majeste law

World Peace Herald

Senior Business Correspondent

WASHINGTON -- Disregard for democracy and the rule of law may be tolerated in Thailand. But when it comes to insulting the country's monarch, caution is needed or else the critic may well face prison time.

That's what happened to Oliver Jufer, a 57-year-old Swiss national who could face up to 75 years in prison for violating Thailand's lese-majeste, otherwise known as a crime against the sovereign law. Jufer was arrested in December for spray-painting several public portraits of King Bhumibol Adulyadej while drunk. His hearing was held in the northern city of Chiang Mai Monday, where he pleaded guilty to five charges of violating the law against the sovereign. Each charge carries a penalty of three to 15 years in jail.

While it is unlikely he would face the maximum sentence, his lawyer Komkrit Kunyodying said that the minimum sentence Jufer could face was seven years, particularly as he has lived in the country for over ten years and thus should have been well aware of lese-majeste. Another black mark against the Swiss man is that he chose to destroy the king's portraits on Dec. 5, the king's birthday and a national holiday. In addition, Jufer was caught in the act on surveillance cameras which have been used as evidence against him. He is expected to be sentenced at the end of this month.

The world's longest-reigning monarch is protected by the law, which allows anyone to file a complaint with the police, and many critics have pointed out that this has made people shy away from discussing the monarch in public at all.

So Jufer is far from the only foreigner who has been apprehended by the authorities for insulting the king. One of the more remarkable cases was in 1995, when Lech Tomacz Kisielwicz of France was arrested for making scathing comments about a Thai princess on board a Thai Airways flight, even though the plane was traveling in international air space at that time. He was detained for two weeks upon arrival in Bangkok airport, and only after writing a letter of apology to the king was he released on bail.

The king himself has expressed his concerns about the law that will not tolerate any criticism against him.

In a speech on his 73rd birthday in 2005, the king stated, "I can be criticized that sometimes I might be wrong, so that I will know I am wrong. If they criticize me that I am wrong, I'd like to know where it is that I am wrong."

Continued


I think this is a stupid law, of course. Because of the nature of the mass media in this day in age, I can understand why Thailand would like to have at least one sacred institution that is revered and respected, but if the country wants to be a liberal democracy, the law is not consistent with a free political system.

You can follow the discussion over at New Mandala also here.

Siam Sentinel also

Jotman also mentions a Telegraph article here