The Appeal Court has overturned the dismissal of a royal defamation charge against Tiwagorn Withiton, whose picture wearing a shirt printed with “I have lost faith in the monarchy” went viral in 2020, and sentenced him to 6 years in prison.

Tiwagorn Withiton wearing a shirt with the sentence "The United Nations says Section 112 is a crime against humanity." 
(Photo from Thai Lawyers for Human Rights)

The 48-year-old was charged with royal defamation, sedition, and violation of the Computer Crimes Act for posting a picture of himself wearing a white t-shirt with the sentence “I have lost faith in the monarchy.”

In July 2020, he was arrested and forcibly admitted to Khon Kaen Rajanagarindra Psychiatric Hospital, He was discharged on 22 July 2020 after a public campaign calling for his release. He was arrested again on 4 March 2021 and taken to Tha Phra Police Station in Khon Kaen and charged for Facebook posts he made on 11 and 18 February 2021.

In September 2022, the Khon Kaen Provincial Court dismissed charges against Tiwagorn because the evidence did not prove that the defendant intended to defame or express hostility to the monarch.

Thai Lawyers for Human Rights (TLHR) said yesterday (14 August) that the Appeal Court overturned the dismissal, ruling that he intended to defame the King by posting a picture of himself wearing the shirt and inviting people to buy the shirt, and because people were leaving comments on his posts which were defamatory against the King.

The Appeal Court found Tiwagorn guilty of royal defamation and violation of the Computer Crimes Act and sentenced him to 9 years in prison, reduced to 6 years because the defendant’s evidence was useful to the case. However, it found him not guilty of sedition because there is no evidence that he was trying to incite people to violate the law.

Since he does not wish to file for bail, Tiwagorn is now detained at the Khon Kaen Special Correctional Institution pending appeal with the Supreme Court. His detention brought the number of people detained pending trial or appeal on royal defamation charges to 17.

TLHR noted that security at the Khon Kaen Provincial Court was tighter than usual. In addition to having their ID cards scanned and bags searched at the gates, observers during the trial also had their bags searched again before entering the courtroom. Court officials followed them into the room to remind them to keep their phones in their bags, and were watching them throughout the trial.