How Does Lèse-Majesté Law Go Against Human Rights In Thailand
“Whoever, defames, insults or threatens the King, the Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to fifteen years” — Lèse-Majesté Law, Thai Criminal Code Section 112 or M.112, enforced in 1956.
International Covenant on Civil and Political Rights Section 19
1. Everyone shall have the right to hold opinions without interference.
2. Everyone shall have the right to freedom of expression; this right shall include freedom to seek, receive and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing or in print, in the form of art, or through any other media of his choice.
3. The exercise of the rights provided for in paragraph 2 of this article carries with it special duties and responsibilities. It may therefore be subject to certain restrictions, but these shall only be such as are provided by law and are necessary:
(a) For respect of the rights or reputations of others;
(b) For the protection of national security or of public order (ordre public), or of public health or morals.
Thai Criminal Code Section 112 broadly silences and prohibits people from expressing their opinions about the monarchy, clearly violating human rights. The law then widely instills fear in people as if the monarchy is untouchable.
There have been numerous protests in Thailand, many of which call for the abolition of M.112. The law has been nothing but a problem, charging anyone who opposes the monarchy and refusing to accept any criticism.
Since the General Prayuth Chan-O-Cha Junta coup, at least 97 people have been charged with M.112, according to ilaw.co.th. Many of those, only talked about the monarchy. Even 16-year-old teen who was the first youngest minor to be filed with M.112 was arrested just because he dressed like King Maha Vajiralongkorn.
“ I hope I am the last person to be filed with M.112. I insist on fighting even as a child, and a minor to reform M.112 so that no one will ever be charged with such a law again.” Said the youngest teen who was charged with M.112.
We urge Thailand’s government to halt the use of such serious criminal charges against individuals who exercise their rights to free expression and peaceful assembly. People must be able to exercise their rights without fear of retaliation. The United Nations Human Rights Committee has determined that arbitrary arrest or detention of individuals solely for exercising their right to free expression or other human rights constitutes arbitrary arrest or detention. — Ravina Shamdasani’s summarized statement on Thailand charges under M.112.
Article 112 has silenced a considerable number of innocent people, violating their human rights, and disregarding the voice of people who simply desire to freely express their opinions. The Thai government should reform, abolish Article 112, and integrate the law with Article 19 of the ICCPR on the right to freedom of expression to prevent anyone from being charged simply for freely expressing their opinions.
Work Cited
BBC. (n.d.). มาตรา 112 : “ไทยภักดี” ชวนประชาชนเก็บหลักฐานจัดการคนผิด แต่ยูเอ็น “กังวล” ที่ใช้เล่นงานเด็ก. BBC News ไทย. Retrieved June 20, 2022, from https://www.bbc.com/thai/international-55361239
International Covenant on Civil and Political Rights. OHCHR. (n.d.). Retrieved June 20, 2022, from https://www.ohchr.org/en/instruments-mechanisms/instruments/international-covenant-civil-and-political-rights
รายงานการตั้งข้อหาทางการเมืองหลังรัฐประหาร 2557. Freedom of Expression Documentation Center | ศูนย์ข้อมูลกฎหมายและคดีเสรีภาพ. (n.d.). Retrieved June 20, 2022, from https://freedom.ilaw.or.th/politically-charged?fbclid=IwAR2xDnhLOw2O4VKuR6VvTOHQik86H4iaarH9bzHyIMhd52kGxRaV8qgwsbA
Royal Family (Sections 107–112). Thailand Law Library. (2015, March 16). Retrieved June 20, 2022, from https://library.siam-legal.com/thai-law/criminal-code-royal-family-sections-107-112/
United Nations. (n.d.). Statement of spokesperson for the UN high commissioner for human rights on thailand: Charges under Article 112, including against 16 Year Old child | สหประชาชาติใน ประเทศไทย. United Nations. Retrieved June 20, 2022, from https://thailand.un.org/th/node/105781
