A 30-year-old has been sentenced to prison for royal defamation over a Facebook post featuring a photo of a protest sign.

Fanta (pseudonym), a 30-year-old Chiang Mai resident, was charged with royal defamation and violation of the Computer Crimes Act after posting on Facebook a picture of a protest sign with a hashtag on 18 July 2021, according to Thai Lawyers for Human Rights (TLHR).

The complaint against the 30-year-old was filed by Asawinee Wanjing, former dean of Chiang Mai University’s Faculty of Fine Arts. 

Asawinee previously filed a trespassing charge against two lecturers and a student for taking over the University Art Centre in October 2021 after the Faculty and University administration prohibited them from showing their final theses, some of which dealt with social and political themes. The case was filed with the Criminal Court in Bangkok.

On 2 December 2023, the public prosecutor concluded that Fanta's Facebook post could lead the public to perceive the King as a dictator, and that the post constituted defamation toward the King.  The indictment also stated that the post intended to undermine the King’s dignity. 

On the same day, Fanta was granted provisional bail with 90,000 baht as security.; He was required to wear the Electronic Monitoring bracelet (EM) and also had his passport confiscated and was prohibited from travelling abroad unless permitted by the court.

Because of the bracelet, he was not able to travel to Bangkok by plane. Fanta had to travel from Chiang Mai by private car or bus, which took over 10 hours. 

On Wednesday (17 June), the TLHR reported that the Criminal Court sentenced Fanta to one year and six months in prison, stating that the circumstances of the case were serious and affected national security, and that the Court had no reason to grant the defendant a suspended sentence. 

Fanta’s legal representative has filed a bail application pending appeal.

According to his interview with TLHR, Fanta said he knew about the royal defamation law, but he had no idea how the law is enforced or who has the authority to file the complaint. After finding more information, he realised that complaints regarding royal defamation can be filed by the general public.

In his view, this is a major loophole in the law, as it can be easily used to harass others. 

Fanta recounted that after the day the police knocked on his door and took him to acknowledge the charge, he became much more stressed and paranoid whenever he heard a knock on the door.

During the investigation, Fanta found that the police had his personal information, including information about his daily activities obtained from social media. This led him to believe that he might have been under surveillance for a long time.

Fanta also revealed that he applied for a job in a private company, but the company refused to hire him after discovering that he was facing a criminal charge. Although he explained that the case was still pending and no final verdict had yet been issued by the court, the company still stood by its decision.