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The Appeal Court has overturned the dismissal of a royal defamation charge against a former activist for allegedly placing a banner with a defamatory message near a portrait of King Vajiralongkorn.

Supreeya Jaikaew was charged with royal defamation and violation of the Computer Crimes Act for allegedly placing a banner saying “Monarchy budget > Public relief budget” near a portrait of King Vajiralongkorn next to the King Mengrai Monument in Chiang Rai city, and for posting a picture of the banner on the Facebook page of the local activist group Free Youth CEI, according to Thai Lawyers for Human Rights.

Supreeya was arrested without having received a summons. The police also searched her residence without a search warrant.

On 28 December 2023, the Chiang Rai Provincial Court dismissed the royal defamation charge against her on the grounds that the message on the banner criticised the government for how it allocated the annual budget and therefore was not defamatory towards the King.

It noted that, although prosecution witnesses testified that the banner might lead to a misunderstanding that the King was using more money than was spent taking care of the public, an academic testifying for the prosecution said that monarchy budget does not refer to the monarchy itself

The Court also ruled that posting a picture of the banner was not a violation of the Computer Crimes Act because there is no evidence proving that the message is false. The Court gave Supreeya the benefit of the doubt and found her not guilty under the Act.

However, the public prosecutor appealed the case, arguing that placing the banner near the King’s portrait constituted defamation towards the King himself and undermined his reputation. The prosecutor also asserted that the message was intended to target the King.

On 14 August, the Appeal Court overturned the initial verdict and found Supreeya guilty of royal defamation and a violation of the Computer Crimes Act. She was sentenced to five years in prison without suspension. She is currently filing a bail request.

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