Following the dissolution of the Move Forward Party (MFP) for campaigning to amend the royal defamation law, Thai Lawyers for Human Rights (TLHR) condemned the ruling as undemocratic and raised concerns that the ruling could prevent the political system from adapting and responding to change in society.

TLHR, a lawyers’ network providing pro-bono legal representation for people facing charges for political expression, said that it is possible to campaign for and propose amendments to the royal defamation law, and that there are constitutionally mandated procedures for checking whether a bill is in line with the Constitution. Seeing the proposal of a bill as treason is therefore overreaching and could mean that the judiciary is infringing upon legislative powers, which goes against the principle of separation of powers, a basic principle in a democratic regime.

The statement noted that the proposed amendments to the royal defamation law only involved the penalty for an offence under this law, but does not change the status of the monarchy as enshrined in Chapters 1 and 2 of the Constitution.

“Between February 2018 and November 2020, during which Section 112 was not enforced and no penalties were meted out thereunder, the monarchy continued to function effectively and remain secure to this day,” said the statement.

The Constitutional Court’s ruling also stated that it is treasonous for MFP MPs to bail out activists charged with royal defamation. TLHR responded saying that this could deprive defendants of their right to a fair trial because no one would want to act as guarantors if bailing out another person becomes an offense. This also goes against the principle of the presumption of innocence.

TLHR noted that acting as a guarantor for someone charged with a crime, no matter what the offence, only means that the individual is guaranteeing that the defendant will not flee and will participate in the trial. The worst outcome that could result if the defendant does flee is that the guarantor will be responsible for bringing them to court or pay a fine to the court.

Although the statement said that the ruling to dissolve the MFP should not affect the release of people detained on a royal defamation charge, verdicts on royal defamation cases, or any plan for amnesty for those charged for political expression, the ruling could still narrow the space for freedom of expression. The royal defamation law could be interpreted in an even more undemocratic manner if the ruling is used in ongoing royal defamation trials. It could also make it more difficult to campaign for or propose amendments to the royal defamation law in the future.

The statement noted that the UN Working Group on Arbitrary Detention has previously issued opinions that detaining a person on a royal defamation charge amounts to arbitrary detention and therefore a violation of the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights (ICCPR)

“Thai Lawyers for Human Rights (TLHR) believes that the proposed amendments to the Criminal Code aiming to limit the administrative power to file cases and reduce punishments proportionately is not an attempt to overthrow the ruling system but rather a step towards guaranteeing freedom of expression in Thailand,” said the statement, noting that the proposal aligns with concluding observations issued by the UN Human Rights Committee calling for the Thai government to review the royal defamation law to bring it into line with the ICCPR and calls by UN experts for the royal defamation law to be repealed.

“TLHR believes in the right to freedom of expression and that people should be able to voice their concerns, criticize, and campaign for amendments or repeal of laws that impact their rights and freedoms, including Section 112 of the Criminal Code.

“Therefore, the Constitutional Court’s ruling is a significant violation of democratic principles, potentially pushing Thailand towards a political system that is unable to adapt and respond to public opinions and changes in a modern world.”