The Network for People’s Amnesty filed a petition today (18 July) calling on the ad-hoc committee studying approaches to an amnesty bill to include those facing royal defamation charges in its amnesty programme.

Lawyer Poonsuk Poonsukcharoen (right), representative of the Network for People's Amnesty, submitting the letter to Move Forward Party MP Sasinan Thamnitinan (left). (Photo by Ginger Cat)

Thai Lawyers for Human Rights (TLHR) said that the Network is filing their petition after Nikorn Jamnong, a Chart Thai Pattana MP and the committee chair, said last week that the committee has decided not to vote on whether to grant amnesty to those charged with royal defamation under Section 112 of the Thai Criminal Code or with committing an act of violence against the Queen, the Heir-apparent, the Regent or their liberty under Section 110 of the Thai Criminal Code.

The committee has until the end of July to study approaches to an amnesty bill before it presents the results of its study to the House of Representatives and the Senate. Nikorn said that the Committee will instead include the opinion of each member in the report.

The Network’s letter calls on the Committee to include royal defamation in the approaches to an amnesty bill that it will present to parliament, noting that royal defamation charges often arise as a result of political policies or are politically motivated and that the use of Section 112 changes with the political situation.

Meanwhile, the law is often broadly defined to include even parody, which is not usually considered defamation or a threat. The penalty given is disproportionate to the alleged offence, and there is no exception made for criticism made in good faith about issues of public interest.

The letter says that granting amnesty would be the first step to reconciliation. It does not require amendments to any law or reform, and would allow people to live free of the burden of legal prosecution. Granting amnesty to those charged with royal defamation would also improve Thailand’s image as a country intending to run for a seat on the UN Human Rights Council.

Members of the Network were joined by activists who have been charged with royal defamation. Patsaravalee Tanakitvibulpon said that without an amnesty for royal defamation, political conflict would never end. The government should open up space for freedom of expression, she said, noting that issues regarding the royal defamation law are sensitive and if there is no place in parliament or committee meetings for discussions, the people would have to take it to the streets.

Meanwhile, Tantawan Tuatulanon said that people have died because they face charges under the royal defamation law, like Netiporn Sanesangkhom, who died in detention while detained on a royal defamation charge and going on a hunger strike to demand judicial system reform. She said that although these lives cannot be brought back, those who have power should give them justice. She also said that, if coup makers can get amnesty, then prisoners of conscience can also be granted amnesty.

The petition was received by Move Forward Party MP Sasinan Thamnithinan, the committee spokesperson. Sasinan said that last week, committee members were arguing whether to vote and members were presenting the pros and cons of including royal defamation in the amnesty programme. She said that the discussion is continuing in today’s session, and that everyone’s opinion should be heard by the Committee. She asked that people keep an eye on how each MP will speak during parliamentary debate on the amnesty bill.

The Network for People’s Amnesty is a network of 23 civil society organizations campaigning for an amnesty for people being prosecuted for political expression. In February, the Network launched a campaign to propose its own amnesty bill to parliament, which would grant amnesty to those facing charges for participating in political protests from 19 September 2006 to the date on which the law comes into effect. If passed, members of the Network believe that the bill would become the first step towards political reconciliation. The bill is now waiting to be added to parliament’s agenda.

According to TLHR, at least 272 people have been charged with royal defamation since November 2020. As of July 2024, at least 15 people are being held in detention pending trial or appeal on a royal defamation charge. 9 others are detained after a final verdict from the Supreme Court or following a decision not to appeal.