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The Appeal Court has sentenced a 27-year-old man to prison in absentia for a royal defamation charge over selling a rubber duck calendar, which allegedly mocked King Vajiralongkorn.

Thai Lawyers for Human Rights report that the Appeal Court upheld the initial sentencing of Tonmai (pseudonym), a 27-year-old office worker, to 3 years in prison for royal defamation. Due to his helpful testimony, the sentence was reduced to 2 years without suspension.

The yellow inflatable rubber duck emerged as a symbol of the pro-democracy movement following a protest on 17 November 2020, during which protesters were met with tear gas and water cannon. Protesters gathering at the Kiak Kai intersection used inflatable paddling pools in the form of yellow rubber ducks, initially brought in as a mockery of the government and nicknamed “the navy,” as shields against water cannon blasts. The yellow rubber ducks then became a symbol of resistance, appearing in several subsequent protests in 2020, and were given pseudo-royal titles by protesters.

Some netizens named the rubber duck Krommaluang Kiakkai Ratsadonborirak (Prince/Princess Kiakkai, the People’s Protector).

Tonmai was arrested on 31 December 2020 and charged with royal defamation for selling a calendar depicting yellow inflatable rubber ducks. The police conducted a sting operation, posing as a potential buyer and ordering a calendar on Facebook and asking to have it delivered by a Grab rider. Officers then tracked the location until they located Tonmai’s residence and requested a search warrant. After searching his house and confiscating the calendar, the police arrested him and charged him with royal defamation on the grounds that the content of the calendar mocks King Vajiralongkorn.

After the first trial, he was granted bail to appeal the case.

The Appeal Court on Monday (29 October) concluded that Tonmai’s action constituted an offence against the King. The calendar was also sold through the Khana Ratsadon Facebook page, which had an explicit political agenda. The court ruled to uphold the initial verdict. However, Tonmai could not be reached and did not attend the trial. 

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