On 25 July, the Criminal Court will deliver its verdict in the fourth royal defamation case against human rights lawyer and activist Anon Nampa for a number of Facebook posts criticizing the King’s exercise of power. During the 24 June hearing, Anon affirmed his adherence to the principle that “the King can do no wrong” and asserted that the content of his posts was based on fact. 

Anon was charged with royal defamation under Section 112 of the Thai Criminal Code and Section 14(3) of the Computer Crimes Act for two Facebook posts made in January – February 2021 criticizing the King's exercise of power and the transfer of King Vajiralongkorn’s daughter to the Royal Security Command. This case marks his fourth out of a total of 14 royal defamation cases.

Thai Lawyers for Human Rights (TLHR) reported on Anon's testimony, highlighting his adherence to constitutional principles of a monarchy where “the King can do no wrong” because he does not exercise power directly.

The prosecution order cites a phrase from Section 6 of the 2017 Constitution: “the King holds a position that prohibits any accusation or action against him.” In response, Anon traced amendments to this provision since 1932 to argue that the King’s immunity signifies he can do no wrong, as all royal authority must be endorsed by constitutional bodies. Anon also referenced Section 3, which mandates the King to exercise powers through the Parliament, the Cabinet, and the courts, to support his argument. When these principles are not upheld, Anon believes the people should have the right to criticize.

To defend the content of his Facebook post as fact, Anon referenced past governmental announcements and royal commands that he believes violated constitutional principles, including former Prime Minister Prayut Chan-o-cha’s announcement of the amendments to the 2017 Constitution at the King’s request after it had passed a public referendum. The amendment in question pertained to Section 16, which granted the king discretion to decide whether to appoint a regent in cases of absence from the country or inability to perform duties.

Anon also cited Royal Commands that lacked countersignature, including the appointment of Princess Bajrakitiyabha as Chief of Staff of The King's Close Bodyguard Command with the rank of General in 2021, the appointment of Prayut as a Privy Councillor in 2023, and changes in the titles and military ranks of Chao Khun Phra Sineenat, the King’s royal consort, in 2019 and 2020.

In addition, Anon affirmed that his Facebook posts were grounded in two legal changes ordered by the King. In 2017, the 1936 Royal Property Act was amended so that the Crown Property Bureau’s assets are now managed “at His Majesty's discretion.” In 2019, the 1st and 11th Infantry Regiments were transferred by an Emergency Decree from the military chain of command to the Royal Security Command.

Anon expressed his good faith in sharing these opinions and affirmed his rights to public expression under constitutional principles. The ruling is expected on July 25, marking the fourth decision out of 14 royal defamation cases against him. The previous rulings have resulted in a cumulative 10-year prison sentence. He has been held in detention pending appeal since September 2023.