Human Rights lawyer Anon Nampa was found guilty yesterday (25 July) of royal defamation and violation of the Computer Crimes Act for two Facebook posts made in January and February 2021 criticizing the King’s exercise of power, bringing his cumulative prison sentence for royal defamation to over 14 years.

Anon Nampa (File photo)

Thai Lawyers for Human Rights (TLHR) said that the posts were defamatory towards the King and were not an exercise of freedom of expression, which is protected by the Constitution. The Court sentenced him to 6 years in prison, reduced to 4 because the defence witness examination during the trial was useful.

The ruling noted Anon’s testimony that King Vajiralongkorn requested amendments to the 2017 Constitution, which had already been approved in a referendum, and said that this is not undemocratic because the King holds the same power as other Thai citizens to write the Constitution.

The ruling said that the King has the authority to take actions that are directly under his command, such as giving and removing titles, giving royal decorations, and appointing or dismissing officials under his command. He also has the right to take actions as the monarch to show his power. For example, the King may give advice to the Cabinet and has the right to know what goes on in the country. It is therefore within his constitutional authority to take away the titles and decorations given to Chao Khun Phra Sineenat, his royal consort, as well as to later retore these titles and decorations, or to transfer his daughter, Princess Bajrakitiyabha, to the Royal Security Command and give her military ranks.

The Court noted Anon’s testimony that the King has been expanding his power by amending the 1936 Royal Property Act so that the Crown Property Bureau’s assets are now managed “at His Majesty's discretion” and by transferring the 1st and 11th Infantry Regiments to the Royal Security Command by an Emergency Decree. However, it said that it is not within its authority to rule whether the content of these laws are appropriate or correct or not.

Anon was charged with royal defamation and violation of the Computer Crimes Act for two Facebook posts criticizing the King’s exercise of power. One post, made in January 2021, said that it is against democratic principles for King Vajiralongkorn to interfere with governing the country. The second post, made in February 2021, criticized the transfer of Princess Bajrakitiyabha to the royal security command as the King was using his power to govern the country according to his own whim, which is undemocratic and a reason the country needs change.

This is the fourth royal defamation verdict delivered against Anon, who has now been held in detention pending appeal since 26 September 2023. He now faces a cumulative prison sentence of 14 years and 20 days.