44 former Move Forward Party (MFP) MPs are to face an ethics probe by the Supreme Court over their proposal to amend the royal defamation law in 2021. If found guilty, they risk being banned from politics for life.

According to the National Anti-Corruption Commission (NACC), 44 former MFP MPs were found to have breached ethical standards. The case stemmed from the MFP bill proposing amendments to the royal defamation law. The NACC unanimously agreed to forward the case to the Supreme Court for further deliberation.

The move came shortly after the election. Notably, several members from the NACC assumed office with the backing of so-called “blue senators”, who were widely known to be affiliated with the Bhumjaithai Party.

The 44 include both former MFP MPs who have joined the People’s Party and former MFP executives disqualified from politics for 10 years following the party’s dissolution, such as former MFP party leader Pita Limjaroenrat, as well as several leading MPs in the People’s Party.

In addition, 10 of them were elected to the new parliament. The list includes the People’s Party leader Natthaphong Ruengpanyawut, Sirikanya Tansakun, Rangsiman Rome, Wayo Assawarungruang, Pakornwut Udompipatskul, Natthawut Buapratum, Surachet Pravinvongvuth, Nattacha Boonchai-insawat, Teerajchai Phunthumas, and Taopiphop Limjittrakorn.

Natthaphong and Sirikanya are also the party’s prime ministerial candidates.

A complaint was filed against them after the 31 January 2024 Constitutional Court ruling that proposing amendments to the royal defamation law is treasonous and the 7 August 2024 ruling to dissolve the MFP for committing treason.

In 2021, the 44 former MPs signed five drafts aimed at protecting the people’s freedom of expression, one of which was a draft to amend the royal defamation law.

The Court rulings cited this action as evidence that the party was attempting to overthrow the democratic regime with the King as the head of state. After the party was ordered to be dissolved and its executive members were banned, the rulings were seen to provide grounds for the case against the remaining MPs.

If the Supreme Court rules that the 44 former MPs are guilty, they could be banned from politics for life, and that would further weaken the country’s progressive camp.

The NACC is an independent body established under the 2017 Constitution, which was drafted by a committee appointed by the coup leaders in the National Council for Peace and Order. The Senate is solely responsible for appointing members of independent bodies.

The Constitutional Court, together with other independent bodies under the Constitution, jointly sets “ethical standards” for those in political positions and members of independent bodies themselves. Being guilty of breaching ethical standards could put their positions at risk, as seen in the recent cases of former PMs Paetongtarn Shinawatra and Srettha Thavisin.

The NACC is responsible for investigating such cases, and if sufficient grounds are found, the cases are forwarded to the Supreme Court.

This unusual feature of the 2017 Constitution has prompted political parties to push for a new one. The first referendum on drafting the new constitution was just held alongside the election on 8 February. Over 65% voted in favour of drafting a new constitution.