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A detained activist has been sentenced to prison for a second royal defamation case over the figurative use of words in a protest speech, which was deemed to have defamed to the King.

A pro-democracy activist, Atthapol Buapat, was charged with royal defamation over a speech he gave during an 18 November 2020 protest, where he discussed an amendment to the Sangha Act, which, he claimed, granted the King the power to appoint and disqualify a supreme patriarch.

The 18 November 2020 protest was staged to call on the police to stop using violence against the protesters after the police used tear gas and chemical-laced water to disperse protesters gathered in front of parliament on 17 November 2020.

According to Thai Lawyers for Human Rights, the case centred on the meaning of Thai words and expressions used in Atthapol’s speech.

A complaint filed against Atthapol by former Palang Pracharath MP Pareena Kraikupt claimed that the Thai word, “ratcha praharn” (ราชประหาร), that Atthapol used in his speech meant “regicide”.

Atthapol’s speech also mentioned “Celestial Dragon”, a name taken from the manga One Piece. He stated that “the Celestial Dragon sees people as mere ants and has never shown gratitude to them,” a reference that was interpreted as an allusion to the King.

According to prosecution witnesses, the first word sounded like “rattha praharn” (รัฐประหาร), meaning a coup or an abrupt change of government. As ratcha means “king” and praharn means “killing” or “demolition,” the witness concluded that it implied a change of regime.

Regarding “Celestial Dragon,” other witnesses testified that even if the term came from a cartoon character, it was meant as a reference to the King. The witness also noted that Atthapol mentioned the King in his speech. In addition, while he said the character’s name, he pointed his finger toward the sky.

The Court accepted the prosecution witnesses’ testimonies.

Meanwhile, the activist argued that the first word was misinterpreted, claiming that in the context of his speech, it referred to the king’s power to execute coup makers. He said that his speech was aimed at criticising the government and the legislature for acting against the King.

Concluding that the words indicated an intent to change the regime, the Court dismissing this defence. It sentenced him to three years in prison and ordered the term to run consecutively with his earlier royal defamation sentence.

Atthapol has been detained at the Phu Khiao District Prison since 3 September for another royal defamation related to protest speeches he made in front of the Phu Khiao Police Station and Phu Khiao School in Chaiyaphum on 1 February 2021, for which he was sentenced to two years.

Atthapol is now facing a total of five years in prison for the two royal defamation convictions. 

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