The National Legislative Assembly (NLA) is set to read two major bills which aim to expand the opportunity for legal action against those who defame, insult or threaten certain personalities. The Amendment of the Penal Code Bill and the Amendment of the Criminal Procedure Code Bill are proposed by Mr. Pornpetch Wichitchonchai, an NLA member.

The rationale of the Amendment of the Penal Code Bill states that certain personalities including Princes, Princesses, Chairpersons of the Privy Council, Privy Councillors and Representative of Their Majesties the King and Queen are related to the monarchy and may be assigned to perform duties on behalf of Their Majesties. Their status and mandate have been well recognized in previous and current constitutions. Nevertheless, in cases of defamation or threats made against them, they can only invoke ordinary libel laws for their protection. It is therefore important that the heavier penalties and the coverage of the Lèse Majesté law be expanded to protect them.

The Bill intends to revise Section 112 in the Penal Code to make it cover cases involving royal family members, Privy Councillors and Representatives of the King and Queen as follows;

Section 112/1: Whoever defames, insults, or threatens a Prince or Princess shall be punished with imprisonment of one to seven years or a fine of from twenty thousand to one hundred and forty thousand baht, or both.

Section 112/2: Whoever defames, insults, or threatens a Chairperson of the Privy Council, Privy Councillor or Representative of the King and Queen shall be punished with imprisonment of six months to five years or a fine of from ten thousand to one hundred thousand baht, or both.

The Amendment of the Criminal Procedure Code Bill states in its rationale that cases filed for defaming, insulting or threatening the King, Queen, Heir-apparent, or Regent, as provided by the Penal Code, should enjoy extra protection during the trial in order to prevent comment, criticism or expression of opinion in public media which may affect the monarchy. Therefore, it is appropriate that the Court shall be mandated to prohibit the publication of material related to such cases and punitive clauses for a breach of a court order are added as follows:

Section 14/1: Whilst holding an investigation, preliminary examination or trial concerning offenses committed against the King, Queen, Heir-apparent, or Regent as per Chapter 1, Title 1, Book 2 of the Penal Code, if deemed appropriate, the investigating officer, public prosecutor or a party to the case may request the Court to order the prohibition of publication of facts, details, comments, criticisms or any opinions expressed in relation to the case, in whatsoever media.

Should the Court deem the request appropriate for the protection of the monarchy, it may issue an order as per the request and may set conditions or regulations which will make the enforcement of the order effective.

Whoever breaches the court order as per the first clause shall be punished with imprisonment not exceeding three years or a fine not exceeding sixty thousand baht, or both.

A breach of the order as per the first clause shall also be taken as an infringement of the court's authority as provided for by the Civil Procedure Code, and Section 33 in the Civil Procedure Code shall be applied mutatis mutandis.

The two bills are tabled for reading by the NLA on Wednesday 10 October 2007.

FACTBOX-Thailand's lese-majeste law