Insulting the king: Thailand’s lèse-majesté law

World
Europe

A Thai court on Thursday delayed a decision on whether to prosecute a well-known scholar, Sulak Sivaraksa, for allegedly insulting a 16th century monarch under the country’s strict lèse-majesté laws. A new hearing has now been scheduled for January 17.

But what is lèse-majesté, why do we so often hear about such cases in Thailand and is it the only country to still carry this law?

What is lèse-majesté?

The term comes from French and literally means “to injure royalty”. First used in the 16th century, it refers to any comment or action seen as an insult to a ruler.

Thai army officials practise for late Thai King Bhumibol Adulyadej's cremation ceremony in the area of the Grand Palace in Bangkok, Thailand, October 7, 2017. /VCG Photo

The definition of lèse-majesté has always been vague however and various rulers have used this to their advantage. In the past, lèse-majesté was often linked to treason, and could lead to execution.

As absolute monarchies died out in Europe, such laws became less common. However, it still exists on the law books in countries like the Netherlands, Spain, Kuwait, Morocco, and Saudi Arabia.

In 2007, a Dutch man was fined 400 euros (472 US dollars) for calling Queen Beatrix a “whore.” In Spain, two cartoonists had to fork out 3,000 euros each for insulting the crown after they published a caricature of then-Prince Felipe and Princess Letizia having sex. Kuwait has jailed several people in recent years for insulting the country’s emir and in Malaysia, a teenager was fined 5,000 ringgit (1,225 US dollars) recently for offending the local sultan on Twitter.

The case with Thailand

Of all the countries that still prosecute people for lèse-majesté however, Thailand is the one that most often makes headlines.

People display images of the late Thai King Bhumibol Adulyadej during a ceremony marking one year since his death, in a field in Ayutthaya on October 13, 2017. /VCG Photo

The royal family is revered in the southeast Asian nation and “whoever defames, insults or threatens the king, queen, heir apparent, or regent” faces between three and 15 years in prison.

Observers however say the law is used to silence critics, and much lengthier sentences have been handed down in recent years.

Not just posting or sharing questionable content online, but even just viewing it, can now be cause for investigation, Thai police said earlier this year.

Even describing such content may be punishable under lèse-majesté laws, creating a chilling effect for the media.

In June, the UN High Commissioner for Human Rights (OHCHR) said it was “very concerned by the rise in the number of lèse-majesté prosecutions in Thailand” as well as “the courts’ persistence in handing down disproportionate sentences for the offence.”

In 2011-2013, Thailand investigated 119 people for insults to the royal family, the OHCHR found. By 2014-2016, after the military took power, the number had doubled to 285.

Shoppers and pedestrians walk past a portrait of Thai King Maha Vajiralongkorn outside Siam Paragon Shopping Mall in Bangkok, Thailand, on Saturday, Oct. 21, 2017. /VCG Photo

Moreover, only about four percent of people escape conviction, the OHCHR found, deploring that most cases are now conducted behind closed doors in military courts.

Recent examples

In June, a Thai man was sentenced to a record 35 years in prison – down from an initial 70 – for posting 10 comments, photos and videos on Facebook “deemed defamatory of the royal family.”

Before that, the maximum sentence handed down by the courts had been 30 years.

In one case a woman suffering from mental illness was jailed for five years for insulting a portrait of the king. In 2015, a 27-year-old man was prosecuted for “liking” a Facebook post that was deemed offensive and for allegedly mocking the king’s dog.

Thai students queue up to visit the Royal Crematorium during the opening ceremony visit one day before the general opening for public. /VCG Photo

Even US Ambassador Glyn Davies fell foul of the lèse-majesté laws when he criticized the sentences awarded under the legislation in a speech at the Foreign Correspondents’ Club in Bangkok.

Since King Bhumibol’s death last year and now under his son King Maha Vajiralongkorn, the number of royal defamation cases has gone up, reports say.

Who is Sulak Sivaraksa?

A prominent Thai scholar and social activist, the 85-year-old has been charged at least five times for lèse-majesté offenses.

But what’s unusual about this latest case is that Sulak is accused of insulting a Thai king who died in 1605.

Speaking at Bangkok’s Thammasat University in 2014, he told students to think critically about Thai history. Two military commanders however denounced him for denying a legendary military victory by King Naresuan, a national hero.

Sulak Sivaraksa, a well-known Thai political and social commentator is seen here at his house in Bangkok. /VCG Photo

In an interview with German news weekly Der Spiegel before Thursday’s court decision, Sulak noted that these cases were less about the royal family and more about the military junta.

“The military is trying to silence me. In this case, they probably hope that I will keep my mouth shut for a while, or even forever,” said the self-proclaimed royalist.

Even the Bangkok Post made an appeal in an editorial last month, urging charges against Sulak to be dropped.

“The case against Mr Sulak is yet another misuse of the lèse-majesté law, which has been abused too often,” it argued.

3298km