The past six years have seen the most extensive use of lèse majesté in Thai history, in response to unprecedented student protests in 2020 which for the first time called for a public discussion of the role of the monarchy. Two hundred and ninety-four people, including 20 under the age of 18, have been prosecuted, receiving prison sentences of up to 50 years. Dozens of them are still on trial.
Most of those charged under this law are denied bail and kept in jail, even though their court cases can last several years. The standard defence of the law given by Thai officials is that it “reflects the culture and history of Thailand, where the monarchy is one of the main pillars of the nation, highly revered by the majority of Thai people”.
Article 112 of the Thai criminal code simply reads, “Whoever defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to 15 years.”
In practice, though, the law has been interpreted to cover a much wider range of comment about the monarchy, and a much wider range of figures. Saying anything negative about any member of the royal family, about the institution of the monarchy, even about long deceased kings, or in one case, the king’s dog, has resulted in prosecutions.
“If you ask me what the text of the law says, I can tell you,” says Akarachai Chaimaneekarakate, assistant director of Thai Lawyers for Human Rights, which helps defend those accused of breaking it. “If you ask me how the courts interpret the words “defame” or “insult”, I don’t think I can give you a definition, because it’s so ambiguous, it’s so vague. Even questioning the law itself, for example, can constitute lèse majesté under Section 112.”
