The Court of Appeal on Ratchadaphisek Road in Bangkok is scheduled to deliver its verdict in the case of Chiranuch Premchaiporn, Director of Prachatai, on Friday, November 8, at 9 am in room 711.  The case involves lèse majesté comments posted by others on the Prachatai webboard.  Chiranuch, as Director of Prachatai, was held liable for the lèse majesté comments under the Computer Crime Law. 

 

In May 2012, the Court of First Instance found Chiranuch guilty and sentenced her to one year in prison and a fine of 30,000 baht, but since Chiranuch’s testimony was beneficial to the trial, the jail term was reduced to eight months and the fine was reduced to 20,000 baht.  The jail term was suspended for one year. 

 

Chiranuch was accused of allowing 10 lèse majesté comments to be posted on the Prachatai webboard.  Most of the comments were published on the web forum for 1-3 days and one for 11 days before being taken down by Prachatai.  One particular comment was posted for 20 days.  The judge of the Court of First Instance said that because the comment was allowed to appear on the web forum for 20 days, the claim by the defendant that she was not aware of it was not convincing.  

 

Under Section 15 of the controversial Computer Crime Act, an intermediary who “intentionally support[s] or consent[s] to an offence under Section 14 within a computer system under their control shall be subject to the same penalty as that imposed upon a person committing an offence under Section 14.” Section 14 imposes a jail term of up to five years on anyone who posts content which 1) is false computer data 2) damages national security or causes a public panic 3) is an offence against the Kingdom’s security under the Criminal Code; 4) is pornographic or damages public morals. Chiranuch’s case falls into the second and third categories. 

 

Since Thai law-makers and law enforcement agencies have been reluctant to define a ‘safe harbour’ time limit or a ‘notice and takedown’ procedure, Thai internet intermediaries and internet users have been living in the climate of fear.