#BREAKING A Brighter Day For Free Speech: Three Cases on Online Expression Dismissed Today
#DigitalRights đ±đ» In Samutprakan and Pattaya, a royal defamation case and two Computer Crime Act (CCA) cases were dismissed this morning, according to Thai Lawyers For Human Rights (TLHR).
1ïžâŁ A case under Section 112 of the Criminal Code (lĂšse-majestĂ©) against a Chaingrai-based makeup artist was dismissed by Samutprakan Provincial Court. âNakhonâ (pseudonym) has been accused of royal defamation and violation of CCA for sharing a post about the Kingâs stay in Germany from #KonthaiUKâs FB page.
đ The original post stated that âBreaking International News: the German people demanded their politicians to file a complaint, insisting âWe donât want your monarch here,ââ while Nakhon added in the shared post âSharing this for everyoneâs knowledge.â The Court dismissed this case on the ground that the evidence is not credible, and it cannot be proven that the defendant is the person committing the offense.
2ïžâŁ Meanwhile, the Pattaya Provincial Court dismissed a case in which a Twitter user had been prosecuted under Section 14(3) of the CCA for tweeting a photo of the Kingâs picture that was vandalized with spray paint. The caption merely said âAt Central Pattaya.â The Court found that the plaintiff was not clear enough in arguing how the defendant violated CCA.
3ïžâŁ Another CCA case was also dismissed by the Pattaya Provincial Court. Sonthaya, an internet user, was also charged under Section 14(3) and (2) for posting a photo of the Kingâs portrait with a caption indicating its location. The defendantâs action, according to the Court, does not constitute an offense of importing false information to the computer system since the picture was real, not falsified.
đš Despite these dismissals, over 200 people have been charged and/or prosecuted under royal defamation, and at least 160 under CCA for their political opinions. Many of those accused are detained in jail before any verdicts are delivered. These legal proceedings are gross violations of our basic rights to freedom of speech and fair trial. We need your attention and actions to stop them!
#WeAreManushyan âŸïž Equal Human Beings
â Manushya Foundation stands in solidarity with everyone demanding true democracy, equality, and freedom in Thailand. We call on the government to urgently abolish or amend problematic provisions threatening free speech, and protect Thai peopleâs fundamental rights online. Join us in our call by using #StopDigitalDictatorship.
References
TLHR, "Sonthaya" prosecuted under CCA tweeting a photo of King's vandalized portrait, (24 January 2023), available at: https://tlhr2014.com/archives/52751
TLHR, Chaignrai-based Makeup Artist prosecuted under Article 112 and CCA for sharing KonthaiUK's post, (14 July 2022), available at: https://tlhr2014.com/archives/32082
TLHR, December 2022: A total of 1,888 people were prosecuted in 1,165 political cases, (19 January 2023), available at: https://tlhr2014.com/en/archives/52536
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