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Three major areas of concern

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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Three major areas of concern

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  1. Litigating on the Free Flow of Information in ThailandGlobal Freedom of Expression and Information Expert Group MeetingDuncan McCargoColumbia University February 25, 2015

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. 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

  8. 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

  9. 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

  10. 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

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