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A 43-year-old man has been sentenced to up to 9 years in prison on a royal defamation charge over Facebook posts. He was later granted a 5-year suspension.

Phukhao, a 43-year-old man, faced charges under the royal defamation and Computer Crime Act over 6 Facebook posts criticising the monarchy during March-April 2019, according to Thai Lawyers for Human Rights (TLHR).

The court sentenced him to 18 years in prison (3 years for each post). However, due to his guilty plea, the sentence was reduced to 6 years and 36 months in jail with a 5-year suspension.

According to TLHR, Phukhao was apprehended at his home in Nonthaburi province in April 2019 without an arrest warrant. The police claimed that his actions - posting on Facebook about the monarchy and supporting the Thai Federation movement - constituted an offence under the Computer Crime Act. He was granted bail with 100,000 baht as security, and his mobile phone was confiscated.

In December 2019, he was later informed of the royal defamation charge. However, he was not accompanied by a lawyer at this stage. While he pleaded guilty under the Computer Crime Act, Phukhao pleaded innocent in the royal defamation charge.

The indictment stated that Phukhao wrote 6 Facebook posts that were deemed defamatory towards the King, adding that the defendant intended to undermine the monarchy, which is revered by the Thai people. During the first trial, he decided to plead guilty to the royal defamation charge.

The court moted that the defendant had never been convicted of any crime. In 2019, he began to follow news from the Thai Federation page, where he picked up messages that he later posted on his Facebook account in order to draw attention. The indictment also noted that he had consistently followed anti-monarchy groups.

Phukhao’s sentence was suspended for 5 years. He is required to report to a probation officer and to perform a 48 hours of community service. He was also prohibited from committing any offences against the monarchy. 

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