A former red-shirt protest guard currently detained on royal defamation charges has been sentenced to 8 months and 20 days in prison over Facebook posts deemed defamatory towards former Prime Minister Gen Prayut Chan-o-cha.

Thai Lawyers for Human Rights reported that the Appeal Court sentenced 55-year-old Sombat Thongyoi to 8 months and 20 days in prison over Facebook posts defaming the former PM.

Sombat Thongyoi

He faced charges under the defamation laws - defaming an official and defaming by publication - and the Computer Crime Act over 2 Facebook posts made in 2019 and 2020. The complaint was filed by Apiwat Kanthong, attorney and Deputy Minister of the Office of the Prime Minister under the Prayut administration.

It was found that during 2020-2022, at least 26 political complaints were filed by Apiwat. These complaints included social media posts about Gen Prayut and royal defamation cases, many of which are still ongoing.

Sombat denied all allegations. While he admitted that he posted the messages himself, Sombat argued that the posts were not defamatory or insulting but rather a legitimate criticism. He also emphasised that the public has the right to question the PM’s role in overseeing the use of power.

He also testified that the PM is a public figure, and it is common for Thai PMs to face criticism, yet he had never seen any other PM sue citizens as Gen Prayut did.

In 2023, the Bangkok South Criminal Court found him guilty of violating the Computer Crime Act and defaming by publication on the grounds that those 2 posts were not considered criticisms based on facts but rather false information. Sombat was initially sentenced to 1 year and 1 month, but the sentence was later reduced to 8 months and 20 days due to his useful testimony.

He decided to appeal. However, the Appeal Court on Monday (18 November) ruled to uphold the initial verdict.

Sombat has been detained since 13 September 2023 for royal defamation over 3 Facebook posts, one of which carried the caption“ Very brave, very good, thank you” - said by King Vajiralongkorn to a protester who raised a portrait of the late King Rama IX at a pro-democracy protest.

The Appeal Court sentenced him to 4 years in prison. Previously, he was denied bail and detained for 7 months after the initial verdict. He has now been detained in prison for a total of 1 year and 9 months.

Additionally, the court ordered the sentence for defamation towards Gen Prayut to run consecutively from the first one. Sombat will now be imprisoned for almost 5 years.