The Court of Appeal has sentenced an activist and two protesters to prison on royal defamation charges over a photo of them holding signs at a protest in November 2020.

Activist Wanwalee Thammasattaya was charged with royal defamation and violation of the Computer Crimes Act along with two protesters named Nueng (pseudonym) and Nam (pseudonym) over a photo she posted of the trio holding signs at a protest on 21 November 2020, which took place in Bangkok’s Siam Square shopping district.

The complaint was filed against them in Chiang Mai by Sukij Dechkul, a member of the ultra-royalist group Thai Phakdee. Sukij claimed that the picture showed them holding signs with messages that insulted the King.

Since none of the three defendants live in Chiang Mai, they had to travel back and forth for police and court appointments. On 10 October 2023, the Chiang Mai Provincial Court found Wanwalee guilty and sentenced her to 4 years in prison, later reduced to 2 years and 8 months because she gave useful testimony. The Court ruled that the messages on the sign Wanwalee was holding can be read to be about the King, and that she published an image of the sign on Facebook even though she knew the message insulted the King, dismissing her defence that the message refers to the military and its Information Operations.

Charges against Nueng and Nam were dismissed as the Court ruled that it was unclear whom the messages on the sign they were holding referred to. They also did not like or share the post.

Both Wanwalee and the prosecution filed for appeal.

Thai Lawyers for Human Rights (TLHR) reported that on 24 July, the Appeal Court ruled to uphold the guilty verdict against Wanwalee. It also reversed the Chiang Mai Provincial Court’s verdict and found Nueng and Nam guilty of royal defamation.

All three were sentenced to 4 years in prison, reduced to 2 years and 8 months because they gave useful testimony.

The Court ruled that the messages on the signs defamed the King and indirectly reduced feelings of the sanctity of the monarchy. It also ruled that, by holding the signs during a political gathering and having their photo taken, the three defendants must have known that the signs were disrespectful towards the monarchy.

However, it found Nueng and Nam not guilty of charges under the Computer Crimes Act because the prosecution could not prove that they posted the picture, and did not like or accept the tags on the photo.

All three defendants were granted bail pending appeal with the Supreme Court. Wanwalee was required to provide a cash security of 300,000 baht, while Nueng and Nam were required to provide 200,000 baht each.