In a reply to a communication from UN Special Rapporteurs, the Thai government said that the royal defamation law warrants severe penalties as it protects the monarchy and national security.  It also stated that the Constitutional Court is independent and will make its decision in accordance with established law and the Constitution.

On 12 May, activists staged a protest near Khaosan Road to call for the repeal of the royal defamation law and for the release of political prisoners held in pre-trial detention. (Photo by Ginger Cat)

The UN Special Rapporteur on the promotion and protection of the right to freedom of opinion and expression and the UN Special Rapporteur on the rights to freedom of peaceful assembly and association sent a letter to the Thai government dated 30 April 2024 raising concerns over the potential dissolution of the Move Forward Party (MFP), which emerged as the largest party in the 2023 general election. The letter noted that MFP’s dissolution could create a “chilling effect on democracy and civic space in Thailand.”

They also raised concerns that the royal defamation law, which carry heavy penalties, is being used by the government “as a political tool to stifle dissent and political opponents.” The Special Rapporteurs noted in their communication that the Human Rights Committee previously raised concerns regarding laws prohibiting criticism of “political authority,” “extreme sentencing” under the royal defamation law, and that the Special Rapporteurs had raised concerns in previous communications that the royal defamation law is incompatible with international human rights norms.

The Thai government responded on 2 August, saying that the Constitutional Court is “independent and represents one of the pillars of democracy founded on checks and balances.” It also said that the decision regarding MFP’s dissolution will be made in accordance with established law and the Constitution, adding that MFP MPs and former leader Pita Limjaroenrat are free to perform their duties as MPs pending the Court decision.

In its response, the government reiterated its commitments to protect human rights as a party to the International Covenant on Civil and Political Rights (ICCPR).  It added that the rights to freedom of expression and peaceful assembly are guaranteed by the Thai Constitution, which guarantees “participation in public affairs and discussion and debate on various aspects related to the monarchy, so long as the exercise of such rights is within the bounds of the law.” The response noted that Article 19(3) of the ICCPR states that the right to freedom of expression also come with duties and responsibilities regarding the reputation of others and the protection of public order and national security, and that Article 21 of the ICCPR states that restrictions may be placed on the exercise of the right to peaceful assembly for national security, public safety, public order, or the protection of public health, morals, or the rights and freedoms of others.

The response also noted that as Thailand is a Constitutional Monarchy, the royal defamation law not only protects the individual king, queen, or heir apparent but also the monarchy as an institution, and that as it is designed to maintain public order and protect national security, “severe penalties” are warranted.

The response asserted that all legal proceedings “carefully follow stepped procedures,” and that a committee responsible for cases concerning national security carefully consider each accusation of royal defamation before the charge is pursued.

In reply to the Special Rapporteurs’ question of how the Thai government will ensure respect for freedom of association and expression, the government said that the freedom of expression, association, and peaceful assembly are guaranteed by the Constitution along with the freedom to form a political party. It also said that it will ensure that freedom of opinion and expression and freedom of association are guaranteed to all, including opposition politicians and critics of the monarchy calling for democratic reforms by adhering to principles stated elsewhere in the response, notably the ICCPR and the protocol for legal proceedings in royal defamation cases.

The royal defamation law, or Section 112 of the Thai Criminal Code, carries a prison sentence of 3 – 15 years for defaming, insulting, threatening the King, the Queen, the Heir Apparent, or the Regent. According to Thai Lawyers for Human Rights (TLHR), at least 272 people have been charged with royal defamation since November 2020 for speaking at pro-democracy protests, for engaging in other forms of expression such as posting signs or stickers, and for social media posts and comments. Of the 23 people held in detention pending trial or appeal on charges relating to political participation, 16 are detained on a royal defamation charge.