The Appeal Court has dismissed a royal defamation charge against a performance artist for staging a performance in front of Chiang Mai University in 2021 to demand the release of detained activists.

Thai Lawyers for Human Rights reported that the Appeal Court on Wednesday (4 September) ruled to dismiss the royal defamation charge against Siwanchali ‘Ramil’ Withayaseriwat, formerly known as Withaya Khlangnin, a performance artist and Chiang Mai University student.

The charge was filed by Pol Lt Col  Arnon Cherdchutrakultong of the Chiang Mai City Police for Siwanchali’s performance in front of Chiang Mai University on 1 May 2021, where he was seen climbing onto the university’s name sign above which was a portrait of the King with the inscription “Long Live the King.”

He poured red paint over himself, spoiling the sign and the portrait. His gestures during the performance included lying down with one foot pointing at the King’s portrait and mocking the posture of the garuda.

On 8 May 2023, the Chiang Mai Provincial Court dismissed the case, saying that the prosecution evidence did not indicate that Siwanchali’s action had malicious intent, nor did his performance target any specific person. Also, it was intended to demand the release of detained activists.

However, in October 2023, the prosecutor decided to appeal the case, arguing that Siwanchali’s action had a hidden agenda aimed at the King, as he chose to perform near the inscription “Long Live the King”, and during the performance, Siwanchali’s gesture – pointing his foot at the King’s portrait – was deemed disrespectful and defamatory towards the King.

The prosecutor added that the banner he held, which read “Return the right to bail to the people”, suggested that the King endorsed the government in violating the people’s rights and liberty.

The Appeal Court on Wednesday upheld the initial verdict to dismiss the charge against him, saying the plaintiff’s eyewitnesses and evidence lacked credibility. The video clip that the police claimed to have was not presented to the court. While the Appeal Court acknowledged that his performance was inappropriate, it concluded that it was not defamatory towards the King, noting that the performance fell within the scope of freedom of expression as protected by the Constitution.

This is the second royal defamation charge that Withaya has faced. He was previously charged, together with another student, under Section 112 for a piece of installation art during a protest on 14 March 2021. That case has already been concluded. Other than the royal defamation charges, he was also charged under the Emergency Decree and for sedition, and was given a suspended sentence.