A 34-year-old security guard has been sentenced to 15 years in prison for royal defamation over his posts about the Thai kings on Facebook and TikTok. The term was reduced to approximately seven years with suspension.
34-year-old Virus (pseudonym) was charged under the royal defamation law and the Computer Crimes Act for three posts on Facebook and two on TikTok regarding King Vajiralongkorn and the late King Bhumibol.
According to Thai Lawyers for Human Rights, the case stemmed from his personal conflict with Khanittha Ngachue, who accused Virus of posting TikTok clip of her on his Facebook page, which she claimed caused her damage.
Khanittha later found posts by Virus that she believed could fall under the royal defamation law. She then discussed the matter with one of the members of an ultraroyalist group, which later led to legal action against him.
On 7 May 2021, around seven people claiming to be members of the Monarchy Protection group stormed into a bank where Virus worked and accused him of insulting the King. They pressured him to apologize, leading to a heated argument.
When all of them were at Chokchai Police Station, those seven ultraroyalists filed a complaint against Virus. He was later asked to report provide further information. But when he arrived at the Police Station, he was informed of the royal defamation charge without having previously received a summons.
He pleaded guilty to one post on Facebook and one post on TikTok. Meanwhile, he argued that other posts did not constitute offences under the royal defamation law.
Regarding one post about the late King, the defendant argued that the Criminal Code must be strictly construed. However, the Criminal Court stated that the Supreme Court had ruled that defamation of the late King could affect the reigning King. The late King was still revered by the people, and it could affect the sentiment of the whole public and also national security.
The Criminal Court ruled that he was guilty for all five posts, sentencing him to three years in prison for each post. Due to his helpful testimony, the term was reduced to five years and 30 months.
Since Virus has never been imprisoned, he was given a three-year suspended sentence. His mobile phone was also confiscated.
Following the verdict, Virus revealed that he will no longer be involved in posts criticising the monarchy. He could not be fully happy with the verdict, as it remained uncertain whether the public prosecutor would lodge an appeal.
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