Inside view: Thailand's lese majeste law claims latest victim

Originally published at Siam Voices on January 24, 2013

The court room was packed: 200 people filled the largest room the Criminal Court in Bangkok has to offer - journalists, observers from many Western embassies and other interested parties, all eagerly waiting for the session to begin. The general chatter of the crowd was interrupted by an all too familiar sound from the back of the room: metal being dragged on the ground, the sound of the shackles the defendant was wearing as he walked barefoot into the courtroom.

Some people immediately approached him for his opinion. He smiled and said: "What is important is liberty. Without liberty we ought not to live any longer because our human dignity has been degraded."

Others went to wish him good luck. One of them was Thida Tavornseth, chairwoman of the United Front for Democracy against Dictatorship (UDD), the red shirt umbrella organization. But there were, like at the previous hearings of this case, very few red shirt supporters even though this is a lèse majesté case.

The accused is Somyot Prueksakasemsuk, a veteran labor activist charged with lèse majesté for publishing two articles deemed insulting to the monarchy in the political magazine 'Voice of Taksin' (sic). He was the editor of the now-defunct publication and not the author of the articles, who has been by now revealed as Jakrapob Penkair, a government spokesperson under the premiership of Thaksin Shinawatra and later a red shirt leader who fled the country after the violent clashes of 2009. He wrote the articles under a pseudonym.

The judges were late: 90 minutes after the scheduled time of 9.30am the session began and they swiftly began reading their verdict by reciting the two articles from early 2010 that were deemed offensive to the monarchy. To most people these passages were new, since in most lèse majesté cases the content of the alleged crime are not publicly disclosed outside the courtroom until the verdict.

While the King or the monarchy were never directly referred to in the articles, the court ruled that there could be only one solid interpretation, and that the articles were insulting to the monarchy. Neither did the judges accept the defense lawyer's argument that Somyot should have been protected under the 2007 Printing Act, which doesn't hold editors responsible for the content of others. Last October, Somyot's petition was rejected by the Constitutional Court, as it upheld the repressive lèse majesté and did not see a violation of the constitutionally guaranteed free speech.

After 50 minutes, the verdict was in: Somyot Prueksakasemsuk was found guilty of lèse majesté. The court sentenced him to 10 years in prison - 5 years for each article - also adding the cancellation of a suspended one-year jail sentence for defamation back in 2009. Having already spent nearly 21 months in detention since his arrest in April 2011 (five days after he collected signatures for a petition to amend the lèse majesté law) and having been rejected bail 12 times, Somyot will be imprisoned for another 11 years. It was a harsher term than most people expected, especially for a crime he didn't commit directly himself.

There was shock, disbelief and anger among the group gathered in the courtroom. Somyot himself remained calm and collected. A young man said to him "We will keep on fighting!" Outside the courtroom, his supporters broke down in tears and lamented the unjust verdict. His lawyer announced right away that he will appeal the verdict, rejecting the 'normal' route of hoping for a royal pardon - a route that will usually result in a significant reduction of time spent in jail.

The international reports came in quickly: BBC, Reuters, Associated Press, New York Times, Al Jazeera, the German media outlets tagesschau.de and die taz - as did the international reactions. The European Union said Thailand's freedom of expression and press freedom was "undermined" by the decision. Human Rights Watch states that Thai courts see themselves now as the "chief protector of the monarchy at the expense of free expression rights", while the US-based Freedom House said the charges send "a chilling atmosphere of fear and self-censorship that severely undermines Thailand’s self-professed commitment to democracy.". The United Nations High Commissioner for Human Rights Navi Pillay was quoted as saying, “the conviction and extremely harsh sentencing of Somyot sends the wrong signals on freedom of expression in Thailand. The court's decision is the latest indication of a disturbing trend in which lese majeste charges are used for political purposes.”

At the time of writing, there were no reactions from national organizations like the National Human Rights Commission or the Thai Journalists' Association, as they haven't made a statements during the entire length of Somyot's incarceration.

This is indeed a worrying verdict for free speech and the press in Thailand, which is progressively going backwards. Not only is it possible to be charged based on an ambiguously worded law; not only can anybody file a lèse majesté complaint against anybody else; not only are prosecutors determined to prove the intention of the accused (despite the lack of evidence in some cases); but now it is also possible to be held liable for other people's content. This is especially true with online content thanks to an equally terrible Computer Crimes Act, where a culture of denunciation is state-sponsored and self-censorship is the norm.

Changes to lèse majesté are unlikely to happen anytime soon, as a reasonable debate about reform is difficult in a climate where some groups feel the need to compete with public displays of loyalty to the monarchy, and the government of prime minister Yingluck Shinawatra is unwilling to even touch the law, despite potentially upsetting their own voter base.

At the end of the trial, the sound of shackles dragging across the floor faded as Somyot was brought out of the court room and back to prison.

Thailand's latest lèse majesté sentencing: intent on trial

Originally published at Siam Voices on January 21, 2013 Thailand's draconian lèse majesté law continues to curb freedom of expression and has arguably reached a new level of arbitrariness with the most recent sentencing:

A Thai court has sentenced a leader of the Red Shirt political movement to two years in prison for a speech judged to have insulted the country’s monarchy.

The court ruled Thursday that 54-year-old Yoswarit Chuklom made a speech insulting the monarchy at a political rally in 2010. The Red Shirts took to the streets in 2010 in political protests that ended with deadly clashes with the military.

"Thai Red Shirt gets jail term for anti-king speech", Associated Press, January 17, 2013

A Thai court today sentenced a government adviser, who helped lead protests in 2010 against former Prime Minister Abhisit Vejjajiva, to two years in prison for insulting the royal family.

Yossawaris Chuklom, a comedian who goes by the name Jeng Dokjik, received the sentence for comments made in a speech to protesters that implied King Bhumibol Adulyadej influenced Abhisit’s decision not to dissolve the parliament, according to a court statement. The court said it freed him on bail while he appeals the sentence because he showed no intention to flee.

"Thai Comedian Gets Two-Year Prison Sentence for King Insult", Bloomberg, January 17, 2013

While Yossawaris can not be considered as one of the highest-ranking red shirt leaders - of which there were many during the 2010 protests - his sentencing still needs special attention.

In sentencing a former protest leader to two years in prison, a court ruled that the defendant was liable not only for what he said, but also for what he left unsaid.

The criminal court’s ruling said the defendant, Yossawarit Chuklom, had not specifically mentioned the king when he gave a speech in 2010 to a large group of people protesting the military-backed government then in power. But by making a gesture of being muzzled — placing his hands over his mouth — Mr. Yossawarit had insinuated that he was talking about the king, the court ruled. “Even though the defendant did not identify His Majesty the king directly,” the court ruled, Mr. Yossawarit’s speech “cannot be interpreted any other way.”

The court ruled that it was obvious whom Mr. Yossawarit was talking about. During the trial, Thais with no apparent connection to the case were called to the stand and asked to whom they thought he was referring. All of the witnesses said, “The king.”

"In Thailand, a Broader Definition of Insulting Royalty", by Thomas Fuller, New York Times, January 17, 2013

This is indeed a new dimension of how arbitrarily lèse majesté is being applied here, on top of an already ambiguously written law ("insulting, defaming or threatening"): As many other lèse majesté (e.g. Ampon's) or similar cases (e.g. Chiranuch's) have shown, the principle is actually "in dubio contra reo" ("when in doubt, decide against the accused") for many different reasons. Since the presumption of innocence doesn't apply here, the prosecution is mostly not interested in the actual evidence (or the lack of in some cases), but rather in the "intent" of the alleged crime.

David Streckfuss, a Khon Kaen-based academic and expert on the lèse majesté law, wrote in an academic article in 1995 - long before the recent surge of cases - about the rationale of these cases, since "the truth or accuracy of the defendant's words is irrelevant to the case. The defendant's intent is determined by its hypothetical effect" (p. 452). Taking the case of then-Democrat Party secretary general (and later Thai Rak Thai executive and even later red shirt leader) Veera Musikapong from the 1980s, Streckfuss has deduced  five 'principles' that highlight the absurd mechanics of this draconian law - here's an excerpt:

The First Principle: Truth and Intent are Subordinated to Presumed Effect

Truth or guilt is determined purely by its effect. In a regular slander case, the central issue is substantiating the truth - that is, a statement of truth that sullies someone's reputation is not slander. If the defense can prove what the defendant said was true, the plaintiff's case is lost, even if that truth has stained his or her character. In lese-majeste cases, however, it is not necessary to substantiate the truth, for the truth of what was said is not at issue. Ascertaining guilt remains at the level of its hypothetical impact, determined by the projected effect the words, if believed to be true, would have on listeners. [...]

The Second Principle: Actual Proof of Lese-Majeste Requires Further Violation of Royal Dignity

"[G]uilt is determined by what the court estimates a safely abstract (and unascertainable) 'people' would feel were they to hear the words and believe them to be true. As a result, the prosecutors have the contradictory task of trying to argue how inflammatory the slanderous remarks are - that they indeed constitute a threat to the security of the state and would cause people to look down on the king or the monarchy - while at the same time maintaining that the words have no such effect on them personally. [...] If a witness for the prosecution, say, admitted that the intended effect of the words - to cause the king to be looked upon negatively - had succeeded in his or her own personal case, this would indeed be a confession, under oath, of lèse-majesté."

“Kings in the Age of Nations – The Paradox of Lèse-Majesté as Political Crime in Thailand”, by David Streckfuss, in: Comparative Studies in Society and History, 1995, vol. 37 (3), pp 445-475 at p 453, 458

As of now, Yossawaris has appealed his sentencing. Meanwhile on Wednesday, the criminal court is expected to read their verdict against veteran labor activist Somyot Prueksakasemsuk, who is charged for editing articles in a news magazine that were deemed insulting to the monarchy. Lèse majesté continues to make headlines in 2013 and  those defending it still find it hard to realize that with each case...

"The end result is that the dynamic of this law do more damage to the monarchy than its critics could ever hope."

“Kings in the Age of Nations – The Paradox of Lèse-Majesté as Political Crime in Thailand”, by David Streckfuss, in: Comparative Studies in Society and History, 1995, vol. 37 (3), pp 445-475 at p 473

Thai army ordered to stand down after bullying yellow shirt paper

Originally published at Siam Voices on January 14, 2013 This past weekend, around 40-50 military officers suddenly showed up in front of the building of ASTV-Manager protesting the paper's harsh criticism of the army and the 'slandering' of their armed forces chief General Prayuth Chan-ocha. The soldiers from the 1st army region assembled on Friday afternoon after the newspaper compared Prayuth's most recent outburst to a "woman in her periods". A second protest was staged on Saturday morning at the same spot and they threatened to repeat it again every day until the paper apologizes.

The show of force by the officers in green came after a public tit-for-tat between General Prayuth and the newspaper, the latter attacking the armed forces for their handling of the border conflict with neighboring Cambodia over the ancient Buddhist Hindu temple Preah Vihear. The International Court of Justice (ICJ) will hold hearings in April, after the Cambodia has requested the ICJ to reinterpret aspects of the 1962 ruling in their favor. A decision is expected to take place in October later this year.

Just to be very clear, the publication the soldiers were protesting is far from being the beacon of the Thai press media: ASTV-Manager is the press outlet of the ultra-nationalistic and ill-named "People's Alliance for Democracy" (PAD), also commonly known as the yellow shirts. Apart from their regular anti-democratic diatribes and low punches as seen above (that reflects its comments section), the Preah Vihear temple conflict is one of the issues the political pressure group is using to rally up supporters - just that it's one of the less popular ones compared to those that have a distinct anti-Thaksin and nowadays anti-Yingluck agenda to it.

The last PAD protest over the temple conflict was in early 2011, following another deadly clash at the border between Thai and Cambodian troops. At the short-lived and small protest sit-in, the yellow shirts were at times calling for an open war with Cambodia. Frustrated with their diminished relevance in Thai (street) politics, it was also during that time when they broke off their formerly close alliances with the Democrat Party (which were in power back then) and with hawkish factions of the military, as the PAD accused both of not doing enough for the "interest of the country" over the border conflict.

In the run-up to the ICJ hearings - to which the PAD has urged the government not to accept anything at all by the ICJ in the irrationale fear of losing sovereignty - the PAD's news-outlets are repeating their diatribes against Cambodia, the ICJ and also the army as they started criticizing General Prayuth, which deteriorated into the spat and ultimately to the soldiers' protest, who see not only their army chief being attacked but also the institution of the armed forces as a whole:

The green-uniformed protesters on Saturday said the article has damaged their morale because the army chief is like their "second father". They demanded the media outlet issue an apology to the general.

They also denied being ordered by their superiors to stage the event. Gen Prayuth told reporters earlier that the soldiers were free to hold such rallies because they were trying to protect the armed forces, not just him. (...)

"If [the PAD] were the government, I would have to listen to it. But since it is not, I have no idea what to do with it," Gen Prayuth said during a visit to the border area earlier in the week.

"Prayuth to troops: Stand down at ASTV", Bangkok Post, January 12, 2013

Despite the fact that Prayuth has ordered the soldiers to cease from any more protests, the public display by the soldiers underlines the over-confident self-perception of the armed forces' role in Thai society that they are above from criticism - given Prayuth's erratic outbursts at the media (read here, here and here) that is hardly surprising. While this is mouthpiece of an ultra-nationalistic pressure group we're talking about, having 50 troops show up at their doorstep isn't right either! And to make matters worse, the army is now asking for forgiveness "confidence in the army" - quite an ambitious request after this weekend.

Generally, the reactions by fellow Thai journalists on this incident were swift and clear:

The TJA statement called for the army to respect freedom of the press. If the army feels the media have violated its rights, it can file a complaint with the National Press Council. As well, it said the army chief should listen to media coverage that fairly reflected the army's and his performance without bias and in a constructive way.

At the same time, it said, all media (...) should refrain from distorting the facts or abusing the dignity and human rights of people appearing in the news. They should also refrain from using rude or insulting words, it said.

"Journalists decry threats", Bangkok Post, January 12, 2013

While this response is in principle correct, it begs the question where the TJA was during other (arguably equally severe) interferences and threats to the media and freedom of speech in the past few years? Where was the TJA on the countless lèse majesté cases affecting free speech and charges made against journalists? Where were they when on the verdict of Prachatai webmaster Chiranuch Premchaiporn, held liable for online comments she didn't make? Did they say anything about the media interferences by the Abhisit administration? Was there any criticism made over the apparent failure by Thai TV to inform about a potential tsunami warning? And what did the TJA say when (of all people) journalism students were protesting against reforms of the lèse majesté law?

UPDATE: As soon as this post was published on Monday afternoon, news came out that army chief Prayuth has "apologized". However, he merely did only excuse his choices of words ("a lousy newspaper"), but not the message itself.

Thailand in 2012 - Some personal thoughts (Part 2)

Originally published at Siam Voices on December 29, 2012 This is the second and final part of the Siam Voices year-in-review. Yesterday in part 1, we looked at the year of prime minister's government, that of the opposition and the prevailing impunity over the 2010 crackdown.

Lese majeste: Cowardice in the face of first victim

One topic we expected to continue to play a role in 2012 is the draconian lèse majesté law and its unjust application to crack down on alleged dissent voices. And in many ways - despite the release of Thai-American Joe Gordon and an 'only' suspended sentence against Prachatai webmaster Chiranuch Premchaiporn for not deleting monarchy-insulting web comments quickly enough - it unfortunately still made headlines for the wrong reasons.

The death of Amphon "Akong" Tangnoppakul marked what could be argued the first victim of lèse majesté. The 64-year-old retiree was serving a 20 year sentence for allegedly sending four defamatory text messages to the personal secretary of Abhisit Vejjajiva (despite inconclusive evidence). Having repeatedly being denied bail and suffering bad health, Akong died in detention on May 8. Obviously, his death sparked universal condemnation against the law - almost: Thailand politicians showed little sympathy and interest to do something about the arbitrary law, with Prime Minister Yingluck Shinawatra insisting not to do anything to change Article 112 of the Criminal Code.

Up until this point, the heated discussion about how to amend or if not abolish the law altogether was ongoing. Leading this debate was the Nitirat group, a collective of reformist law academics from Thammasat University, amidst considerable uproar. And it was that university that had a reputation for being one of the more liberal institutions in this country that was struggling and battling with itself, which led to one of the most astonishing sights of this year: of all people, journalism students (!) were seen protesting against Nitirat and the reform of the lèse majesté law by saying “Don’t use knowledge to distort morality!”

The chances that the law will be somehow changed (or even just remotely touched by politicians) remain slim as two incidents have shown that it is untouchable: the Constitutional Court rejected a petition by Somyot Pruksakasemsuk and Ekachai Hongkangwan, both currently on trial for lèse majesté, as it does not see the constitutional right to free speech being violated by Article 112 of the Criminal Code. In another story, a bill petition proposing to amend the law - signed by over 30,000 - was dismissed by the speaker of the parliament.

Meanwhile earlier this week, a former stockbroker has been sentenced to four years in prison under the equally flawed Computer Crimes Act for spreading "false information".

Emerging neighbors: Thailand's geo-political opportunities and blunders

This past year showed the rapid rise of neighboring Myanmar, as the country carefully progresses economically and politically - despite the unmasking of the ugly side of the Burmese pro-democracy movement regarding the genocide against the Rohingya - and other countries of course are in a gold rush mood, as they see new investment opportunities and also to grow their regional influence.

Thailand was one of the few countries that already did business with its neighbor before the change and the upcoming industrial area and deep sea port in Dawei on Myanmar's west coast is the biggest of them. But we reported at the beginning of this year that the mega-project ran into some problems and also caused the Thai government to reconsider their commitment. However, after a visit by Prime Minister Yingluck to Myanmar it seems to be on track again.

A different story shows how Thailand has lost some regional credibility: When NASA planned to use the Thai naval airbase in U-Tapao for atmospheric research study, the opposition Democrat Party drummed up nationalistic outrage and tinfoil-hat conspiracy theorists came out crawling again - conveniently forgetting that...

Officials have noted that the Democrats, now opposed to the NASA initiative, approved the program while in power in 2010 and that it would not entail the use of military aircraft.

"Baseless controversy over Thailand's U-Tapao", Asia Times One, June 22, 2012

It was petty domestic political squabbles that eventually led the annoyed NASA to kill the project and gave Thailand a huge slap to the face geo-politically for not being able to sort itself out.

While the prime minister was busy traveling the world this year to bolster economical ties (read our exclusive report on her visit to Germany and France here), Thailand needs to take charge in the ASEAN region (and without looking down on its neighbors), if it doesn't want to loose relevancy.

The exploits of "ThaiMiniCult" in 2012: Mammophobia!

Of course it wouldn't be Siam Voices if we wouldn't monitor the self-proclaimed cultural heralds of everything “Thai”-ness - or in short "ThaiMiniCult". And while this year they have been noticeably less outraged in quantity, there were still instances when we could only shake our heads.

There was for example the ThaiMiniCult that was rumored (and thank god it was only a rumor) to order that "100 per cent males" shouldn't play transgender roles on TV. Or some arbitrary survey that blames Facebook for teen pregnancies, only to find out that it was lazy journalism that caused that headline, while the real problem of nearly non-existing sexual education is being swept under the carpet. Or the MP that was caught looking up some naughty pictures on his phone in parliament.

But probably the most noticeable media outrage (and also the most-clicked Siam Voices story of 2012) was the 'controversy' over the literally bare-breasted painting performance on the TV show "Thailand's Got Talent" that caused one of the judges to throw a sanctimonious tantrum on national TV and a moral witch-hunt. In the end, it turns out that the producers have "hired" her for a staged controversy. However, given how Thais reacted (or claimed to react) to this brouhaha, it was in many ways revealing.

What else happened this year? (in no particular order)

- The four-part series on Thai Education Failures by our regular Siam Voices contributor Kaewmala is a must-read! Be it ridiculous O-Net questions, questionable standardization, our poor international performance and lacking English proficiencies - our archaic education system is in dire need of change! And what does the Pheu Thai government do? Give away free tablets...!

- A rape case in Krabi, the disgusting denial by the Thai tourism minister in order to 'protect' the image and a father's creative plea for justice.

- Thais being outraged by five tourist douchebags cutting down a tree while most population doesn't give a damn about their own environmental lifestyle and willingly plastic-bags everything...!

- Thais being outraged at Lady Gaga for tweeting the intention of buying a fake Rolex while most of the population otherwise willingly ignores the countless counterfeit markets, and after campaigns by outraged religious groups in the Philippines and Indonesia to ban her concerts, looking rather silly and childish...!

- The Thai senator who accidentally shot his wife...or secretary...or cousin...with an uzi...or not...!

- In upside-down world news this year: The reactionary right-wing ASTV/Manager (media outlet of the anti-democratic yellow shirts) accuses the blatantly anti-Thaksin The Nation (an attempt of a newspaper) of being pro-Thaksin - mind blown!

- "Double, double toil and trouble;" - Thailand's movie adaptation of Shakespeare's "Macbeth" gets banned, but not for the depiction of regicide, rather for the depiction of another "Dear Leader" and the disparagement of his followers.

- Three Iranian terrorists literally blowing up their cover on Valentine's Day in the middle of Bangkok after a warning by the United States Embassy and the immediate arrest of a Hezbollah suspect a month before that and the tweeting motorcycle taxi driver that got the scoop of his lifetime. And deputy prime minister Chalerm Yubamrung as the spiritual successor of the former Iraqi information minister by saying that there's "absolutely no terrorism" in the kingdom.

- Deputy prime minister Chalerm Yubamrung as our new regular contributor to the "Tongue-Thai’ed!"-segments and coming up with the most creative name for the new command center in the South!

- The tsunami scare in April and the failure of Thai TV to inform the public because of a royal cremation ceremony.

- The Dhammakāya Movement's newest revelation: the afterlife of Apple's Steve Jobs...!

- The visit of US President Barack Obama to Thailand, and his meeting with Yingluck Shinwatra and half of the internet not able to be mature about it.

- The Bangkok Futsal Arena fiasco, as the city has failed to construct a purposed-built arena in time for FIFA Futsal World Cup and thus embarrassing themselves on a world stage.

- The return of the fraudulent bomb-sniffing device also known as the GT200, essentially a horrendously overpriced empty plastic shell with a dowsing rod. It's ineffectiveness has been proven since 2010, but it has emerged that the bogus device is still in use by the armed forces for the simple reason that there's "no alternative" but to keep on using it until there's a replacement, while soldiers are unnecessarily risking their lives more than they should because of this fraud, whose UK manufacturer has been charged this year.

- Thailand has FINALLY reached the early 21st century with the arrival of real 3G network coverage after an eternal farce and one last court decision - while neighboring Laos is preparing for 4G already...!

- And last, but not least: The still undisputed, most coherent article by The Nation - EVER!

I’d like to thank my co-writers and editors at Siam Voices and Asian Correspondent for their contributions and work this year, and YOU, the readers, for the support, feedback, criticism, links and retweets! Here’s to an eventful, exciting 2013 that brings us news, changes, developments to discuss and report for all the right reasons! Happy New Year!

Thailand in 2012 - Some personal thoughts (Part 1)

Originally published at Siam Voices on December 28, 2012 As tradition dictates, we're here to yet again look back at the year gone by in Thailand. It looks quite different compared to the previous ones - at least on the surface. While we did not have to deal with week-long political protests, 'biblical' natural disasters, and even the self-proclaimed "Thainess" heralds went easy on us in 2012 (well, almost). Nevertheless, there was still enough going on to report on, as you will see here.

If you read this article, we have apparently survived the Mayan Doomsday Prophecy (and Christmas as well). Luckily, Thais did not really believe it and academics from Chulalongkorn University reassured us that nothing was going to happen - but then again, who knows if this finding was actually theirs and not stolen? Now, since we are still here, let's look back at Thailand 2012.

In part 1 today, we look how 2012 was for the government of prime minister Yingluck Shinawatra, for the opposition in and outside parliament and also the ongoing injustice despite the change of government.

Yingluck's first full year in power: challenging the odds

As hinted in the introduction, this year in politics was relatively calm compared to the tumultuous and eventful previous years. It was the first full year for the government of prime minister Yingluck Shinawatra and the Pheu Thai Party - and arguably no other in recent history has been under much fiercer and thorough scrutiny by the political opponents both in and outside parliament. Many of them are legitimately aiming against the government's policies, like the subsidy rice-scheme that puts a big dent in the country's agriculture economy, or giving away tablets at schools instead of tackling our decaying education system head-on and now the tax refunds for first-car-buyers. On the other hand, many target this government with very irrational and erratic behavior - more on that later in this article.

Nevertheless, her government has more or less sailed through this year unharmed despite everything that was thrown at them: it has comfortably survived a no-confidence debate in November and the Constitutional Court has spared them from doom in the summer. Even the hawkish military feels comfortable to side with Yingluck at the moment (and despite a few hulk-outs, army chief General Prayuth Chan-ocha was pleasantly less erratic this year), since it has a government that is willingly buying new toys for them.

But the main challenge for the government will remain not to step on anybody's toes, while trying to push ahead their policies and political goals as far as they can. In doing so, it will and already is running danger to alienate and disappoint the red shirt supporters, who are still seeking for justice for the victims of the 2010 crackdown and of the still archaic lèse majesté law - both issues that the government has been very hesitant to tackle. Add to that the ongoing omni-presence of Thaksin, who's constantly testing the water (as he did recently on state TV) for a potential return with possible amendments to the military-installed constitution of 2007 or an amnesty bill, and the Pheu Thai Party could be in for a busy 2013 if they're not careful enough.

Extremely loud and incredibly desperate: Thailand's opposition wrestling with relevancy, reality

Ever since elections in July 2011, Thailand's opposition both in and outside the democratic playing field are trying to grasp with the new reality of yet another Thaksin-influenced government - and have done so quite badly. While the Democrat Party is taking on their usual role as the parliamentary opposition and have been eager to criticize every single thing the government is doing, there have been some incidents however during the debates over the 'amnesty bills' earlier this summer, where the tantrum thrown by them are just erratic and desperate.

Meanwhile outside the House, the reemergence of Thailand's royalist, right-wing and anti-democracy movements show how little progress has been made to overcome the political intolerance: the yellow-shirted, ill-named "People's Alliance for Democracy" (PAD) have staged street protests at the parliament in summer with just a couple of thousand supporters and the ultra-royalist multi-color shirts have attempted to re-brand themselves under the "Pitak Siam" ("Protect Siam") banner and Gen. Boonlert Kaewprasit as their (most of the time lackluster) leader, who right out of the gate calls for yet another military coup as the only way to topple the government.

Emboldened by their first rally in October, Pitak Siam upped the ante a month later with a rally at the Royal Plaza, in which the group was deliberately trying to provoke the police forces and to incite violence. Fortunately for all involved, the rally ended in a non-violent disaster with Gen. Boonlert calling it off and also throwing in the towel as leader, as they have failed to rally enough supporters in order to reclaim 'their' Thailand that either doesn't exist anymore or has never existed in the first place. However, this year has also shown that a compromise is not what is on their minds and their irrational hatred makes real reconciliation harder to realize.

Impunity prevails: when 'reconciliation' is more important than 'truth'

One of the key problems of this political conflict is the fight between competing 'truths' about past events in recent history, especially when it comes to the violent clashes and the crackdown of the red shirt protests in 2010. In September, the Truth for Reconciliation Commission of Thailand (TRCT) presented its final report on its investigations into the violent clashes between the authorities and the red shirts, in which at least 90 people have lost their lives and thousands were injured. The overall conclusion of the inquiry was that the commission finds faults with both sides.

But the report will not change much or bring any justice, because both sides are already subscribed to their version of the 'truth' (and to some extend in total denial) and the TRCT never had any real powers and access to conduct a proper investigation in the first place. It must have been more insulting for the red shirts on May 19, on the anniversary of the 2010 crackdown, when Thaksin phoned-in yet again to urge to push for national reconciliation and set aside their feelings of anger and injustice. Of course, Thaksin had to back paddle after some considerable outrage by his supporters.

Even though now more and more death cases are determined to have been caused by the army an, then-prime minister Abhisit Vejjajiva and his then-deputy Suthep Thuagsuban have now been formally charged by the very flexible Department of Special Investigation, it is doubtful that these two or any other will ever be convicted - since this country has always upheld a culture of impunity - especially towards the army - in a numbers of events (1973, 1976, 1992, 2006 etc.) and it needs a lot more to end this.

In the second part of our year-in-review tomorrow: Lèse majesté claimed its first victim, Thailand's upcoming regional challenges, the dismal state of our education and all the other small stories that made 2012.

Anti-Thaksin flight attendant quits after Facebook rant

Originally published at Siam Voices on December 4, 2012 A Thai flight attendent has lost her job after posting hot-headed remarks on Facebook aimed at the daughter of former prime minister Thaksin Shinawatra. The episode is another example of how hot Thai tempers still are when it comes to politics and certain public figures.

Thai media sources (like this one) and Associated Press are reporting that the flight attendant resigned.

The flight attendant said Monday on Facebook that she resigned in order to take responsibility.

"Thai flight attendant quits over Facebook coffee threat", Associated Press, December 4, 2012

The scandal erupted last week when the Cathay Pacific flight attendant posted a passenger list of her flight on Facebook that included Thaksin's daughter Paetongtarn Shinawatra. She took great displeasure to serving a member of the Shinawatra family and took out her anger on Facebook:

“I have heard that the Shinawatra family often uses Cathay Pacific to travel to Hong Kong. I never expected that (Paetongtarn) was on board today,” Honey wrote. “I immediately told my flight manager that I could not work knowing that the daughter of my enemy was on the plane. The manager was kind to reassign me to be in charge of other sections.”

"Thai Flight Attendant Stirs Honey's Nest", by Pavin Chachavalpongpun, Asia Sentinel, December 1, 2012

This could have been the end of the story. However, she continues...

She continued: “I also called my personal advisor asking if it would be all right to throw coffee at Paetongtarn, but was told that this could breach Hong Kong’s law. I was so angry and could not come to terms with the failure of last Saturday’s anti-government rally in Bangkok.”

(...) “Initially I made another plan with the help of my colleague on the flight who was also an anti-Thaksin to slander Thaksin in front of his daughter before the plane landed in Hong Kong,” Honey wrote on Facebook. “But I gave up. I could not stop crying realizing that we will have to continue to fight with ‘bad peoples’.”

"Thai Flight Attendant Stirs Honey's Nest", by Pavin Chachavalpongpun, Asia Sentinel, December 1, 2012

Obviously, her thoughts didn't go unnoticed and have been shared multiple times by both pro- and anti-Thaksin Facebook users alike and she was either attacked or praised by these groups respectively. Cathay Pacific has responded to this case and has issued a statement promising to look into the matter and stated later that day that the flight attendant is no longer working for the company.

“We have investigated the matter thoroughly. We can confirm that the incident involved a member of our cabin crew who has privately posted certain information on a social media site about one of our passengers and that it is an unauthorised incident. We can also confirm that the cabin crew concerned is no longer an employee of the company."

“Cathay Pacific regrets this unfortunate incident and wishes to assure all of our customers that their privacy – and strict adherence to all privacy regulations – is extremely important to us. All staff are expected to strictly adhere to our privacy policies as well as the highest standards of customer service. Non-compliance is unacceptable. We have highlighted this message to staff again today."

Cathay Pacific Statement, December 3, 2012

For the Thai deputy interior minister, this is enough to call for charges against her.

Deputy Interior Minister Pracha Prasobdee said yesterday that he wanted criminal action taken against the Cathay Pacific stewardess, claiming she intended to intimidate and assault a client and had violated the privacy of the airline's customer by publicly revealing the client's information. The deputy minister tweeted that he would go today to the airline to make his point.

"Cathay Pacific fires flight attendant in Paetongtarn case", The Nation, December 4, 2012

This whole story comes after the anti-government and anti-democracy Pitak Siam rally took place in late November and failed to gather any substantial support. And this failure - and any of the past failures by anti-Thaksin groups since the last election - have been met with even more fierce hate against everything that is remotely associated with Thaksin and outright dispair, that is being reflected in the chatter of Thais on social media. And thanks to the immediate nature of Twitter and Facebook, extreme political views are being amplified within a short period of time.

The heated political climate has also led to online witch-hunts, both social and political, regardless whether or not the accused is guilty or innocent. In general, emotions have been running high for a long, long time already by those invested in Thai politics and has only gotten higher and more heated in recent years - so much so as the Public Health Ministry as diagnosed parts of the country with "Political Stress Syndrome"  and have recommended to decrease the intake of political news.

Only time and a level-headed political discourse can assure us that when the next time something is brewing up, that it will be only hot coffee.

'Evil man from Krabi': Thai image protectionism goes horribly wrong

In late October a YouTube video titled "Evil man from Krabi" was uploaded which describes an incident where a woman was assaulted and raped by a Thai tour guide earlier this summer in the Southern resort town of Ao Nang, Krabi province. It then turns into an English-language music video that repeats the accusations and calls for justice (the man in the video is the victim's father). The suspect was arrested by the local police (a full month after the sexual assault), but was released on bail soon after. http://www.youtube.com/watch?v=GRErWjo809g

Ever since this video was reported by Thai media last week, it went viral: the view counts have quadrupled and are now over 400,000 as of writing. However, the reactions by Thai officials have been anything but supportive of the father's plea. Instead...

It is possible to block from viewing in Thailand a YouTube video clip produced by the father of a Dutch girl who was reportedly raped in Krabi, permanent secretary of the Tourism and Sports Ministry Suwat Sitthilor said yesterday. (...)

In addition, a video clip promoting Thailand as a tourism destination will be produced and distributed among ambassadors of many countries, including the Netherlands, Australia, UK and China, he added.

"Blocking of Krabi video considered", The Nation, November 10, 2012

Damage control for the sake of Thailand's tourism is far more important to those in charge than the allegations of rape or reassurance that crimes against tourists will be properly investigated. As for the video - the numbers speak for themselves.

This dangerous disconnection of justice and protection of the country's image by Thai officials has led to this unbelievable comment by the Tourism Minister:

Tourism Minister Chumphol Silapa-archa had said earlier that the incident could not be considered rape. He quoted provincial tourism police chief, Pol Maj-General Loi Ingkhaphairoj as saying: "The woman had dinner with the Thai suspect and a foreign man*. Later, she told the foreign man to return to the hotel before heading off with the suspect."

"Blocking of Krabi video considered", The Nation, November 10, 2012

The victim's boyfriend has denied that all three have dined together before the assault.

Chumpol's horribly crass and irrational conclusion shows no remorse or not a single sign of sympathy to the victim, but instead even resorts to blaming the victim: she apparently knew her assailant and willingly left with him, so it couldn't have been possibly rape, according to Chumpol's logic.

Meanwhile, to further emphasize the video's negative effect and to distract from the serious allegation itself, there have been reports that "a number of Western tourists have cancelled their bookings" in Ao Nang - there could be even more soon thanks to the awful, haphazard response to the allegations by the Thai authorities.

The month in Thailand: Reshuffles, coup rumblings and the 3G farce

Originally published at Siam Voices on November 1, 2012 October is normally a politically heated month in Thailand, as seen in the numerous street protests, military shenanigans and other political developments in the recent history and in the more distant past. However, the events in this month were less controversial, or the changes were in the detail, or both. Here are some of the stories that show that.

Military promotions and cabinet reshuffle: look who's talking now?

Normally, the annual reshuffle and promotions of countless military officers and civilian ministers is enough source for discord between the government and the armed forces and for both groups within themselves. This year's military merry-go-round has been largely unsurprising - apart from the removal of Defense Permanent Secretary Gen. Sathien Permthong-in - and reassures the ongoing truce with the government. Also, the promotion of Yingluck's nephew is seen by some as a good sign.

The new cabinet of Prime Minister Yingluck Shinawatra on the other hand has some interesting changes. Yongyuth Wichaidit has resigned as deputy prime minister and Pheu Thai Party leader, some saying to evade a potential corruption case, while the rest of the Yingluck cabinet has the pundits reaching for very different conclusion. Some are saying Thaksin is slowly reclaiming the party, while others say Yingluck is holding her ground.

Sleeping hawks are awake, confused

One more thing that normally comes up during this time of the year (mostly as a negative outcome of the two issues above): rumors and calls for a military coup - since that is apparently the only time-proofed method to bring in stability and democracy in Thailand, according to some.

Last Sunday saw yet another rally that calls for the current government to be ousted by nothing else but a military intervention. The  group calls itself Pitak Siam (Protect Siam) and their main organizer is Ret. Gen. Boonlert Kaewprasit, chairman of the Armed Forces Academies Preparatory School (AFAPS) Foundation and Class 1 graduate. He's also been consistent in demanding coups on a regular basis (and having participated in the failed coup attempt of March 1977), citing the cause of protecting the monarchy from lèse majesté. No change this time:

"I'd love to see a coup because I know this puppet government is here to rob the country. Several sectors of society can't take it anymore. If I had the power a coup would have been staged by now," he said. (...)

Over the past year the government has not only stood by as offensive criticism has been hurled against the monarchy, but it has appeared to encourage it, he said. The government has showed itself to be Thaksin's puppet, he said, adding that by installing his sister Yingluck as prime minister, Thaksin had insulted the entire nation.

"Pitak Siam rally hopes to oust govt", Bangkok Post, October 24, 2012

The rally itself was joined by groups (many are PAD-aligned) that can be generally described as ultra-royalist, anti-democratic and nationalist, but also some that are just fed up with the current government. Attendance figures varied wildly between 3,000 (police estimate) and 30,000 (organizer's estimate) - but it's safe to say that they were able to fill the main grandstand at the Royal Turf Club, which holds about 20,000.

What all the coup demands in recent years have in common (apart that it is potentially illegal) is a relentless contempt against Thaksin and the willingness to accept the damage of a military coup with the disregard for the democratic system. The upper echelons of the army at the moment are siding with the government - for now. Gen. Boonlert has announced that there'll be another rally soon and is even more hell-bent to topple this government no matter the costs. However, he and like-minded people should also take into account that another military coup will be even less well-received by the general population than at the last one.

Thailand's eternal 3G farce - the last chapter?

After an almost eternal and tedious waiting period Thailand will finally upgrade to 3G mobile technology making it the second-to-last country in Southeast Asia to do so. It's been a long and painful process but now Thailand's citizens, especially smartphone users, can look forward to finally get wide 3G coverage even before the end of year - or may be not...?!

See, the issue with the 3G implementation in Thailand is a neverending story and - admittedly - much more complicated to explain than the government's rice pledging scheme! The last auction attempt in 2010 was stopped by a last-minute court order after a complaint by a state-owned telecommunications company that the National Telecommunications Commission (NTC) was not authorized to hold the auction - a mess created by the 2007 constitution.

Now, the National Broadcasting and Telecommunications Commission (NBTC) which had the authority to hold this auction. There were in total 9 slots of 5 MHz bandwidth each, three bidders who cannot get more than three each and the results were underwhelming for some.

Thailand has raised 41.6 billion baht (US$1.4 billion) from its long-awaited auction of 3G mobile licenses, with the three bidding operators said to have paid "only a small premium".

[...] the three bidders - AIS, Dtac and True Move - managed to secure 3G licenses. The NBTC noted that AIS submitted the highest bid at 14.6 billion baht (US$ 475 million) for three slots of 5 MHz bandwidth. The other two operators each submitted the minimum bid of 13.5 billion baht (US$439 million) for the three slots of bandwidth, it added.

"Thailand nets $1.4B from 3G auction", ZDNet, October 17, 2012

Dtac was the only one to bid slightly above the starting price and overall the auction only gained a plus of only 1.125 bn Baht ($36m) or 2.78 per cent above the reserve price. Amidst that meager profit from the bidding a torrential flood of criticism poured down on the whole event, especially on the NBTC. Most fault them for missing out on a lot of money during the bidding and thus the 'damaging the country' (even leading The Nation to draw up the most ludicrous conspiracy theory or a poor attempt at satire). On the other hand considering that this was a bureaucratic mess almost a decade in the making and the resistance of state companies, one has to wonder what is still left of the real price of infrastructure progress in Thailand.

And meanwhile across the border, Laos is preparing to launch 4G...!

Lèse majesté update: Judiciary upholds constitutionality while suspect is acquitted

Thailand's Constitutional Court has ruled the Kingdom's draconian lèse majesté law unanimously and unsurprisingly as 'constitutional', after Somyos Prueksakasemsuk and Akechai Hongkangwarn (both accused and detained on lèse majesté charges) have contested Article 112 of the Criminal Code in a landmark legal challenge.

Meanwhile, some good news: A 41-year-old programmer has been acquitted of lèse majesté charges. The court ruled in doubt for the  defendant after it was not clear whether or not he was the author of defamatory Facebook messages and that computer evidence could have been even forged.

The best article by The Nation - EVER!

And finally, I present you the best, most coherent article The Nation has written - EVER!

Cambodian royalist rage: A lesson for Thailand

Originally published at Siam Voices on October 24, 2012 Last week, the former King of Cambodia Norodom Sihanouk, died in exile at the age of 89 years. The monarch played a major role in the country's turbulent past, having been credited with leading Cambodia to independence from French rule but also assisting the rise of the Khmer Rouge regime. He served numerous times as prime minister and twice as King of Cambodia until ceding the throne to his son in 2004.

However, royalist rage erupted last week amid an online scandal. The privately run 'I Love Cambodia' page on Facebook posted a picture on October 17 showing Thapanee Eadsrichai, a reporter for Thailand's Channel 3, doing a piece-to-camera while laying her paper notes at her feet. One of the pieces of paper was a portrait of the late King Norodom, which the reporter almost stepped on - an unimaginable offense to any individual, let alone a King, in Cambodia and Thailand.

This accidental misstep by Thapanee sparked outrage on Cambodian social media - as of writing, on the original Facebook post alone over 900 'likes' and over 500 comments have been posted with the majority spewing hateful, emotional and often barely comprehensible calls for violence (or worse) either against the Channel 3 reporter, Thailand or both.

Fortunately, the ultra-royalist rage hasn't turned to violence and all involved parties were executing damage control, with the Cambodian government calling on its people to exercise restraint, and the Thai reporter, her channel and the Thai Ministry of Foreign Affairs all apologizing, insisting that there was no intention to defame the late King and to harm relations between the two country

The Channel 3 reporter explained that as she was doing a stand up report in front of the main pavilion,  Chaturamouk, and she needed to lay down all of her personal belongings including mobile phones, notebooks, and the newspapers which carried stories and the photo of the late king Sihanouk.

She said she did not lay the stuff close to her. The photo that appeared on Facebook was shot from behind and to the side, making it appear that the items were on the ground near her.

Learning about the misunderstanding on the social media on Tuesday night, she had returned to the same spot and made gestures of remorse in front of the king’s photo board.

"Reporter apologises for mistreating Sihanouk photo", Bangkok Post, October 10, 2012

The story could have ended there with all sides acting very quickly to defuse the situation and to clear up the unintentional gaffe. Nevertheless, some still found something to be riled up about:

After causing an uproar by mistakenly stepping on a photograph of late Cambodian King Sihanouk while covering his funeral, Channel 3 reporter Thapanee Ietsrichai is in trouble again - this time it is for not taking her shoes off while apologising at the Cambodian embassy in Bangkok. Messages posted on Cambodian websites and the social media dubbed her apology as being insincere, claiming she was "not genuinely penitent".

"Channel 3 reporter in trouble again", The Nation, October 19, 2012

Relations between the two countries have been strained in recent years. In 2003 a Cambodian newspaper wrongly accused a Thai actress of claiming Angkor Wat belonged to Thailand.  Riots ensued and protesters burned down the Thai Embassy in Phnom Phen. There have also been a number of border clashes between the two countries. On the other hand relations have turned friendlier recently with the new Yingluck government, as Cambodian prime minister Hun Sen welcomed her brother Thaksin more than he already used to.

One thing the two countries certainly have in common is a tendency towards royal extremism. The ferociousness of the reactions to this latest incident in Cambodia should give Thais an opportunity to reflect about similar behavior among their own people. The Thai Ministry for Information and Communication Technology (MICT) issued a redundant warning to Thais not "to share or to 'like'" the controversial photograph and cited the same ambiguously worded Computer Crimes Act that it has been using in against suspects in lèse majesté cases.

With the unchanged stances over Thailand's lèse majesté law and the continuous insistence of Thai ultra-royalists to show their loyalty to the monarchy by witch-hunting those deemed not loyal, some should look at the comments made by their Cambodian counterparts to get an idea of how it feels to be a victim of extremism.

Thai media and the problem of Bangkok-centric perception

Originally published at Siam Voices on September 17, 2012 Last week, Pravit Rojanaphruk wrote a story for The Nation about Thai film-maker Naulnoi Thammasathien, who talked about her upcoming documentary about life in Thailand's southern border provinces and voiced her discontent about the Bangkok-centric media coverage:

Issues like rights of residents, normalcy and positive aspects of life in parts of the region are often overlooked, the filmmaker said. Her 40-minute documentary, titled "The Agent of Change", screened in Bangkok on Monday.

Nualnoi said her film was different because it was made in collaboration with local Thai-Malay Muslims in the South. "People in the three southernmost provinces want others to see them in a positive light," she explained.

She also called on the media to not just focus on people being arrested or accused of separatism, but also report if they are acquitted or they could be branded as separatist for good. The separatist strife has taken more than 5,000 lives over the past eight years and injured 10,000 others.

(...) The rest of Thai society still lacked adequate understanding of the South, while people in the region were given little say or a chance to participate in how conflicts are resolved.

"Media reports on insurgency one-sided : filmmaker", The Nation, September 12, 2012

This is certainly not a new complaint and indeed the only news stories we hear from the South are about the nearly decade-long violent insurgency. TThailand's media organizations (especially the newspapers) have a tendency to turn a blind eye not only to the South, but to everywhere outside Bangkok.

One excellent source of information about the Thai media landscape is "Politics and the Press in Thailand: Media Machinations" by Prof. Duncan McCargo of the University of Leeds, who carried out in-depth research about the workings of Thai newspapers in the late 1990s. Most of his findings remain valid today. Here's one:

Another feature of the Thai news media is its Bangkok focus. (...) The division of editorial departments into desks is revealing: typically, Thai newspapers have desks for types of news (...) In addition to these, they have a separate desk for ‘provincial’ news. Any news story which breaks outside Bangkok is first and foremost a provincial story; only in a secondary sense will it be considered a crime story, a political story, or whatever.

Thai newspapers do not, as a general rule, maintain proper news bureaux staffed by career reporters in provincial areas. (...)

Most Bangkok-based reporters are uncomfortable travelling to provincial areas (...). Beyond Bangkok is a kind of hinterland, where nothing of much significance is deemed to occur. Thus a typical political desk of a Thai newspaper might have twelve to fifteen reporters, none of whom ever venture outside Bangkok, except either to accompany a politician (such as the prime minister) on a provincial visit or to cover an election.

From: "Politics and the Press in Thailand: Media Machinations", by Duncan McCargo, 2000

There have been two other examples in recent years that highlight the problems of Bangkok-centricism: In the run-up to the 2010 red shirt protests, there were fundraising events in north-eastern Isaan and other activities - all reported exclusively by the foreign media. When the red shirt protests increased in attendance, persistence and duration, many Bangkokians were stunned and shocked  - so were most of the local Thai media, as they had failed to monitor the activities of the red shirts in the provinces.

The other incident was during last year's flood crisis, when large areas in and around Bangkok were inundated by Thailand's worst natural disaster in some time. However, there were also floods elsewhere, like in the north-eastern province of Khon Kaen. But reports from other flood-hit locations were almost drowned out by the non-stop coverage of the crisis in the capital - so much so that it took a mental toll on Bangkok residents.

While residents outside the capital have several local media outlets like small-scale community papers or community radio stations, not much of that local coverage ever reaches the big media organizations in the capital. The internet does, however, provide a chance for grass-roots media in the provinces to reach a wider audience.  One such example are our friends at The Isaan Record (who are coming back from a hiatus, by the way!) who have taken great strides in covering the stories and issues that matter in Thailand's north-east.

Did a Thai MP really tell Thai women it's better to marry a foreigner?

Originally published at Siam Voices on August 29, 2012 Sunai Julphongsathorn, a Pheu Thai Party MP from Chum Saeng in Nakhon Sawan Province and the chairman of the parliamentary committee on foreign affairs, was at the center of controversy recently over his alleged advice that poor Thai women should marry a farang (a Western foreigner), since their lives would drastically improve since "European governments give everything for free". And that has been the headline an English-language website was running with. But is the MP's recommendation really to ship off the disenfranchised to European welfare states in exchange for a better life or is there more to it?

The English-language article continues:

Sunai tells the audience of around 1,000 red shirts to find a farang husband for an easy life “because European governments give you everything for free.”

Sunai went on: “Get a German husband. Get a Swedish husband. Get a Norwegian husband. People used to love [Thailand] unreservedly. But the more they loved the country, the poorer they got. The more they loved the country, the stupider they got.”

“All you need is a farang husband and their government will pay you to study,” he said.

Even more controversially, he then implied that the best way to study a foreign language was by sleeping with a foreigner.

“Sitting studying is too slow. Lie down to study, then go to the hospital. They will pay you to have the baby… It’s all free, right up to the shitty diapers.”

"MP urges Thai women: Marry a farang for an easier life", Coconuts Bangkok, August 28, 2012

Their only source pointed to a Thai website, which in return is basing the whole story on a single 12-minute YouTube clip, which is an excerpt from a speech by Sunai at a red shirt gathering in front of about 1,000 people in Samut Prakan just outside of Bangkok on August 19. The video has very poor audio so that Sunai's voices comes off very distorted. Listening to a clearer, more complete video feed gives a very different impression and also reveals more context to what he was saying, before he was taken out of it by the aforementioned source.

The generally gist of Sunai's speech (at least the first 20 minutes concerning this story) is about social inequality and the disenfranchisement of the rural population - one of the long-time talking points of the Pheu Thai Party and the red shirt movement.  This time the focus is on women in particular and how many would move from the North or North-East Isaan region down to the Central region around the capital in order to find work and potentially also a husband.

Here are some extended excerpts from Sunai with the time codes to follow along in the said video starting at 13:31 minutes:

13:31 min - 14:28 min: "Some get a good husband, some get a drunken one and some lucky even get a farang husband! And they are getting scolded about why they would get [a farang husband] (...) I used to scold these Thai women too! But ever since I became a red shirt, I know everything about their problems - having traveled all across Europe, I've found the truth that: they are really better off marrying a farang! If you ask why - well, it's because their lives have no future (perspective). The poor people in Isaan, the poor people in the North - they don't have a future at all! And the women have it harder than the men!"

He then talks about the "restrictive culture" and challenges women are facing when coming to Bangkok and the outskirts, as when they have reached some welfare they're being told to go back home and "live sufficiently". We continue at 16:41 minutes:

16:41 min - 16:56 min: "My dear friends, [these] women are still restricted by culture. These women who are coming from upcountry, who are sitting here and can set up their lives here, these are real brave women! Give yourself a round of applause! (Applause)

18:03 min - 18:43 min: ...they may don't match the local taste, but sometimes those of the farangs! And how are these poor, rural people are gonna meet one of them? With partnership agencies, of course! Some good luck, some bad luck, eh? In the end, you get a German husband, [or] a Swedish husband, [or] a Norwegian husband! Before, they loved the country - but the more they loved the country, the poorer they would become. The more they loved the country, the more stupid it gets.

The last sentence is admittedly hard to translate, as it might as well mean that either the people left behind in the fields are getting more stupid or the idea of staying at the farm is getting more and more stupid.

Sunai turns to the scenario of a poorly educated Thai woman, who would marry a foreigner, move over to let's say Sweden or Norway and register there, the fact that she is married a local, the authorities would then in his words "hire" her to learn to local language - except though that language courses is compulsory in many European states in order to stay longer and even to apply for a citizenship later on.

At 20:08 min comes the main talking point and the necessary context in order to fully understand why Sunai was bringing up the point of Thai-Farang marriages in the first place:

20:08 min - 21:06 min: "(Talking in the role of the Thai woman) 'I may not be fully capable of the Thai language, but I can do German! I can do Norwegian! Because their government has hired me to learn it!' Thailand has hardly a penny for education. They're still poor and they can't even afford free education! But Thaksin makes you learn for free, Thaksin has introduced the 30 Baht healthcare scheme. Why the hell have you putsched against him? (Applause) [army chief] Prayuth Chan-ocha, Anupong Paochinda [fmr army chief] - I don't need to talk about Sonthi Boonyaratglin [coup leader against Thaksin in 2006] anymore because his eyes have been opened now (...) - but those in the army (...) have not been enlightened yet. Why have you seized power? They are...Thaksin is currently starting to build welfare in Thailand, in order for the continuation of the monarchy. That is the beginning of the welfare state, my friends!

In essence, Sunai's speech here is highlighting the benefits of European welfare state and how a Pheu Thai-led government will re-introduce that with what has been already done during the Thaksin years: a repeat of the populist policies (such as tax cuts, subsidies, free handouts etc.) to benefit the disenfranchised rural population, which was part of "Thaksinomics" before he was toppled in a military coup in 2006, which was also a target of Sunai's speech.

All these are legitimate, reasonable points that were brought up by the Pheu Thai MP (despite the fact that Thailand has free basic education of 12 years, and past governments have thrown more money at the qualitatively poor education system - whereas Pheu Thai's most public education policy is to introduce tablet PCs in the classrooms) - and even if it's just to tout the past and present policies of Thaksin and the Pheu Thai Party.

However, there was this at the end...

21:38 min - 22:29 min: After some they of learning, they're even better at Norwegian than Thai! Why? (...) Because they learn it in sleep! My friends, with a farang husband it gets much quicker. It's so much slower in sitting. When they're done learning in their sleep, they're getting pregnant. They're brought to the hospital and the state is paying [the costs] for the birth. And then they're paying monthly child benefits!

It's one thing to showcase that learning a foreign language in a family environment is sometimes quicker than in a school. But it is an entirely another thing to (unwittingly) suggest that it is mutual to sleeping with a foreigner - if not borderline unacceptable. It is that lapse in judgement and that poor choice of words that nearly completely diminishes a perfectly valid argument!

So, the MP has not really recommended Thai women to marry a foreigner in order for a better life, but rather why many of these women would go into a marriage with a foreigner in the first place! The solutions offered may be debatable and will certainly be at the center of more discussions about it (and about the man behind it) - but in this case Sunai was taken out of context!

Saksith Saiyasombut is a Thai blogger and journalist currently based in Hamburg, Germany. He can be followed on Twitter @Saksith and on Facebook here.

Thai army reshuffle: A new rift between government and military?

Originally published at Siam Voices on August 28, 2012 The transfer of high ranking military officers to inactive posts by the defense minister may spark a new rift between the civil government and the armed forces over the control on military matters, such as the upcoming annual reshuffle of generals, major generals, colonels and other top army members.

Defence Minister Sukampol Suwannathat yesterday abruptly transferred Defence permanent secretary General Sathien Permthong-in and two other senior officers to inactive posts at the Defence Minister's Office.

Sukampol signed the order - to take immediate effect - at 2.30pm. The move of the three officers came just a few days after Sathien unsuccessfully sought a meeting with Prime Minister Yingluck Shinawatra to complain about Sukampol's alleged efforts to interfere in the annual reshuffle of senior military officers.

The two other transferred officers were General Chatree Tatti, deputy permanent secretary, and General Pinphat Siriwat, director of the Defence Secretariat. The three were in charge of compiling the annual military reshuffle list. Deputy permanent secretary General Witthawas Rachata-nan was made acting permanent secretary of Defence.

"Top army officers transferred", Bangkok Post, August 28, 2012

There has been tension between General Sathien and Defense Minister Sukampol in the past week, as both have locked horns over who should succeed Sathoen as the permanent secretary for defense, as he is to retire later this October. Sukampol is favoring General Thanongsak Apirakyothin, assistant army chief and former chief of the Third Army Area in the North of Thailand. Sathien on the other hand wanted his deputy permanent secretary of defense General Chatree Tatti to take over.

All of them reportedly are somehow linked to active or former members of the ruling Pheu Thai Party (PT) - Sathien is married to a PT mayor, Chatree reportedly close to former prime minister and army chief Chavalit Yongchaiyudh, and Thanongsak is rumored to have the support of Thaksin's sister Yaowapa Wongsawat, wife of former short-time prime minister and banned politician Somchai Wongsawat.

This incident puts the spotlight on the infighting between the government and the armed forces and its implications forhow the promotions of army officers will play out in the future. After the coup of 2006, the interim government of General Surayud Chulanont introduced the Defence Ministry Administration Act, which also regulates the process of army promotions with the instalment of a so-called Defense Committee (or Council, depending on how you want to translate it). The committee, in theory, consists of seven members: the defense minister, his deputy, the permanent secretary for the defense, the supreme commander and the chiefs of army, navy and the air force.

The reality is that the position of deputy defense minister has been vacant for some time already, and due to the fact that the military side clearly outweighs the civilian side in this process, attempts by the government camp have been made to tip the scale in their favor by seeking to amend the Defence Ministry Administration Act.

Another possible scenario that was rumored earlier this year was to reshuffle positions so Sukampol would step down in order to let Prime Minister Yingluck to take over as defense minister (which she denied), as he would fill in the vacant deputy defense minister position and also put one of their own as permanent secretary for defense after Sathien retires - which would nearly balance out the power scale in the Defense Committee against the other four military members, where a weak link could act as the tie breaker in delicate decisions. UPDATE: A tweet by a Thai journalist reminded to add what is an open secret: This Defense Committee has actually never convened so far, as the promotion list for army officers is being sent back and forth between all members.

A different point that has been brought up in this case of Sathien's successor is the important role of class association from the Armed Forces Academies Preparatory School (AFAPS). Interpersonal relationships among classmates always plays a role in military promotions, such as during the promotion of General Prayuth Chan-ocha as army chief as he was Class 12 that allows him to stay on until 2014, when he has to retire at age 60. In the current case, Sukumpol was reported to consider General Chatree Tatti, until Monday Sathien's deputy, as too young since he hails from Class 14, whereas the defense minister's favorite General Thanongsak Apirakyothin graduated in Class 11.

There's more to this story than the political and bureaucratic in-fighting between high-ranking soldiers: The compromise between the civilian government and the armed forces not to intervene too much into each other's matters could be seriously put on the test as the military side could see Monday's events as exactly that - Sathien certainly does:

In a letter dated Aug 24 and seen by the Bangkok Post Sunday, Gen Sathian requests a talk with the premier and accuses Defence Minister Sukumpol Suwanatat of unauthorised "interference" in the legal procedure to promote senior officers at the general level.

Gen Sathian says in the letter that ACM Sukumpol did not heed his contention that his current deputy, Gen Chatree Thatti, was the most appropriate choice because of his high rank and seniority. (...)

A source said Gen Sathian has also discussed his conflict with ACM Sukumpol with Privy Councillor Surayud Chulanont and sent a copy of the list of nominated officers, prepared by the Office of Permanent Secretary, to Privy Council president Gen Prem Tinsulanonda.

"Sathian seeks PM's counsel over reshuffle", Bangkok Post, August 26, 2012

Contrary to his usual behavior, General Prayuth's response was somehow surprisingly tepid, saying that he sees no problem in the much debated move of the three officers to the Office of the Defense Ministry since the defense ministry has the right to do so and seeks to talk with the parties involved.

And all parties, both civilian and military, will need to talk if they want to uphold the status quo. The government clearly wants to increase their influence over the set-up of the armed forces, as it never has been monolithic but factionalized and also to prevent a possible military coup against the government of Yingluck.

However on the other hand, this should also put a spotlight on the self-entitlement of the armed forces to withdraw itself from any outside control in their matters and accountability, since the army sees itself and in fact is an independent factor in the Thai power struggle - and with lacking transparency, also an unpredictable force for the outlook of Thailand's democracy.

Saksith Saiyasombut is a Thai blogger and journalist currently based in Hamburg, Germany. He can be followed on Twitter @Saksith and on Facebook here.

Thailand: What we missed in August 2012

Originally published at Siam Voices on August 27, 2012 In a new section on Siam Voices, we look back at some news stories that made the headlines in Thailand this month.

Thailand's Olympic medal winners: Sporting hurt pride

Earlier this month, the 30th Olympic Summer Games took place in London. As usual, Thailand's Olympic ambitions included the expectation of some medals, having won seven gold, four silver and 10 bronze medals at previous games in the weightlifting, boxing and taekwondo competitions. That was not the exception this time around again, as silver medal winners Pimsiri Sirikaew, Kaeo Pongprayoon and bronze medalist Chanatip Sonkham won medals at exactly these sports respectively.

However, it wasn't all smiles and joy: especially in the case of light flyweight boxer Kaeo Pongprayoon, many Thais took offense to his loss in a controversial final against China's Zou Shiming due to some questionable officiating and actions by Zou. Predictably the Thai fans couldn't shake off the feeling that 'they' got robbed and some of them predictably took their anger online, partly in very poor taste. An example of nationalism-fueled rage was to be seen on the Facebook page of the International Boxing Association, whose picture of a celebrating Zou Shiming got over 65,000 comments, most of them negative and still counting two weeks after the end of the games.

And generally, despite the fact that Thailand did quite well compared to its neighbors, these games were a disappointment for the officials, who hoped for two gold medals as a target (that's nothing compared to the secret German medals target that was missed by lightyears) and now have to think about how to improve the support for athletes, both olympic and paralympic, whose summer games are starting later this week.

Pheu Thai's rice scheme: The Price is Right?

It bears many names: pledging scheme, mortgage scheme, fixed pricing scheme - but they all mean the same rice policy of the Yingluck government that has been one of the essential cornerstones of Pheu Thai Party's campaign before the election and of the current administration since last October. In a nutshell, the government buys rice at 15,000 Baht (about $480) per ton - that is 50 per cent more than the market price. What was primarily aimed to help the around 8 million rice farmers in the country was met with criticism and concerns that it will either lead to a global price hike, a loss of Thailand's status as the world's top exporter of rice or both.

Almost a year after its introduction, the criticism has increased in recent months, as export numbers are declining and projections that Thailand will lose its number one position in global exports. And so the critical analysis pieces go on, and on, and on, and on - but the consensus was the same: the government's rice policy causes private rice millers and exporters to suffer and the governments sits on a huge pile of rice that they can't get rid off in bi-lateral deals, as it is about to spoil. Nevertheless, the government will continue it. More details can be read over here at Bangkok Pundit's post.

Policemen found guilty of extrajudicial killing - and released on bail!

In early August the Criminal Court in Bangkok found five police officers guilty of the murder of a 17-year old man. The teenager was arrested by these policemen in 2004 in the southern province of Kalasin for allegedly stealing a motorcycle. That was during the time of the "War on Drugs", a heavily-propagated campaign by the Thaksin administration that targeted drug dealers and traffickers, but also ensured security officials to use a heavy-handed and violent approach, in which, according to rights groups, over 2,500 people were killed - many of them extrajudicially - and over 1,600 died in prison or custody, about 131 of them as a result of police brutality. The 17-year-old was one of them, as he was detained for over a week and later found dead in another province.

Three police officers have been sentenced to death for premeditated murder and hiding the young man's body, one to life imprisonment for premeditated murder and the Police Colonel was sentenced to seven years in jail for abusing his power to cover up the murder. However, despite the convictions, these men are walking free on bail pending appeal. Understandably, the key witnesses are concerned over their safety, since their witness protection program ironically ended with the court verdict. Calls for new witness protection have been so far unanswered.

Thaksin's US travels spark anti-American tantrum

Yeah, Thaksin is still traveling freely around the world, even more so since many countries have re-granted him entry. The United States was the latest to do so and that issue alone has stirred up some diatribes from his enemies, most of all the self-proclaimed Thaksin hunter, diplomatic wrecking-ball and former foreign minister Kasit, who immediately called to severe ties with the US, should they not extradite him to Thailand. If only when he and his cabinet issued an extradition request for Thaksin when they were in government - but they didn't!

The fugitive former prime minister traveled to New York first and then was scheduled to appear at a red shirt gathering in Los Angeles - but Thai media reported that some "700 to 2,000" yellow shirts have allegedly foiled the event and Thaksin had to bail out. The problem is that the numbers were from a Thai community paper in LA and cannot the independently verified. And let's be honest: an assembly of 2,000 similarly dressed people would have made local news already over there - only it didn't! Meanwhile, back in Thailand the anti-Thaksin protesters gathered at the US Embassy and have come up with some rather bizarre conspiracy theories. Let's see where Thaksin goes next...

Thai Senator 'accidentally' kills secretary with uzi - or pistol - or wife - or cousin...!

In mid-August, a news headline from Thailand went around the world that was both shocking and bizarre: "Senator 'accidentally' kills secretary with Uzi". Mae Hong Son Senator Boonsong Kowawisarat was carrying the firearm during dinner at a resort when it accidentally discharged and killed a woman believed to be his secretary. Of course, these circumstances were perfect ingredients for yet another 'quirky' news item from Asia for Western media - and when even Gawker was reporting it (predictably not without mistakes), you know something has hit critical mass.

But the next morning, the circumstances weren't that clear anymore as nearly every detail of this incident was put in question: What was the weapon and who did it kill? In the end it emerged that the Senator's pistol, a 9mm Jericho 941 (also named Uzi Eagle), fired a bullet into the stomach of Chanakarn Detkard, his domestic partner with whom he has two children.

Saksith Saiyasombut is a Thai blogger and journalist currently based in Hamburg, Germany. He can be followed on Twitter @Saksith and on Facebook here.

Thai army chief blames the media for everything - again!

Originally published at Siam Voices on August 22, 2012 Thailand's army chief General Prayuth Chan-ocha is not known to be the smoothest talker and the most gentlest person to handle the media. In fact, there were several incidents when he lost his temper while talking to the press too often - whether it was self-inflicted or sparked by a dumb question. And normally we'd would make fun of this in Tongue-Thai'ed section of this blog and be done with it. However, the most recent flare-up by Prayuth is the new epitome of the army chief's problematic relationship with the media and also his own perception of his job.

Some background: In the ongoing insurgency in the deep southern border regions, four soldiers were killed in an ambush while on patrol in late July, all very visibly in front of surveillance cameras. The blunt nature of this incident has put the violent conflict back on the public agenda and, as it is usually the case, the government will introduce some quick, short-term initiatives to sooth the increased public awareness. It is the same case with the current Yingluck administration, which has, for example, set up a special command center for the South (and giving it an utterly stupid name).

It was in light of these events where army chief Prayuth Chan-ocha had to face press yet again over the separatist insurgency in the deep Southern provinces - and yet again, he just can't stand being asked questions, no matter how critical. Just look at this video as he increasingly angry...

http://www.youtube.com/watch?v=7bV9s2DsfuI

It hardly needs translation to see how his mood has shifted downwards, but there are some lines that are both very memorable and very questionable as well. Here are some with the time codes for the video above for you to follow along...

0:29 : There're some things you just don't get, no matter if I explain you to death with it, you'd still don't get it!

0:37 : You think you can do better? Then you can take over as army chief...! That's it! Period!

1:29 : Man...! Then you're going to write again that I've blown a fuse - I'm angry as I'm normally am, otherwise I wouldn't be able to do this job - so I gotta be able to get angry. I'm not a monk after all!

1:48 : All the brilliant journalists should gather around here and ask me - and if I answer them and they can't follow-up with something, they should shut it!

3:18 : I'm already as calm as I can be and I'm exhausted - I was a little angry, but now I'm  good again!

3:28 : Anything else?! Ah?! Ok, I'm not mad at you! If I'd be angry I would have killed you all already!

Erm, yes...! I guess there were definitely no more questions.

Prayuth has also weighed in again on the controversial issue of the fraudulent bomb-sniffing device GT200, which have come up again in July after it was discovered that the bogus dowsing-rod is still in usage. The army chief came out to defend the ongoing usage of the GT200 while being totally oblivious to scientific evidence that it just doesn't work. The armed forces are currently in search for new bomb detectors to replace, but haven't finalized a deal yet. And Prayuth knows already who to blame for it.

"The media should help us find other alternative equipment to protect soldiers and police officers from bomb attacks. If you can't find it, then don't ask because it's annoying," the national army chief said.

"South 'may be lost if UN intervenes', army general warns", Bangkok Post, August 10, 2012

The third incident was from last week when the Department of Special Investigation (DSI) - another highly politicized institution that has a long record of serving to whoever is in power - has indicated that they were going to summon military snipers for questioning for their role in the violent 2010 crackdown on the anti-government red shirt protesters, in which almost 90 people on both side have lost their lives.

Prayuth of course didn't like the DSI's insinuation that the army has actually killed people when the protests deteriorated quickly and he and the army's spokesperson Col. Sansern Kaewkamnerd (who ever since 2010 has been regarded as seemingly 'impeccable') have been touting the same line that no soldier has killed any protesters at all. They did that shortly after the crackdown and they did that again this time - so much so that apparently Prayuth made the bendy DSI chief apologize to him.

And just to make sure he also rammed his message that there were no snipers involved to the press as well - only for Prachtai to later that week exclusively reveal documents that there has been authorizations to use snipers during the crackdown, including the baffling revelation that of the 3,000 snipers rounds only 880 were returned.

But here is his now obsolete message anyways:

"What is a sniper? What person would use snipers? And do you know who the snipers are? Those who appeared to be soldiers [in the photographs or video clips] were just equipped with an enhanced scope. And the enhanced scope and the gun are not a sniper type. If you say what you don’t know, you’d better shut up. These things, which are used for marksmanship and are available for sale at informal markets for the purpose of shooting birds, are not sniper stuff. Don’t just ramble on."

"CRES authorized use of snipers during crackdown in 2010", Prachatai, August 21, 2012

And rambling on seems to be almost the only thing he does ever since he took the post of army chief in late 2010, already showing his outspokenness then. He reacts irritated nearly all time when dealing with the press and mostly sees no other way to lash out, throw a tantrum and divert attention from the matter itself, by either accusing the press of not supporting the troops - as most don't have a problem with the soldiers, but rather with the one(s) who lead them - or simply taunting somebody else to take over his post.

The point that he could use media training or just let Col. Sansern speak for him instead has been raised many times already, but it would change little about the lacking professionalism of the Thai armed forces and in its outwards portrayal, since General Prayuth is one of these military figures that think that anger and bruteness are the only ways to show power, authority and self-assureness, while these erratical flare-ups though create the opposite.

Saksith Saiyasombut is a Thai blogger and journalist currently based in Hamburg, Germany. He can be followed on Twitter @Saksith and on Facebook here.

Thai Buddhist cult claims to know afterlife of Steve Jobs

Originally published at Siam Voices on August 21, 2012 A Thai Buddhist cult movement claims to know the whereabouts of Steve Jobs in the afterlife. In a TV special on DMC.tv, the satellite TV channel of the Dhammakāya (pronounced "tah-mah-guy") Movement, and its website have given their take on the question hardly anyone was asking in the first place: Where is Steve Jobs now? The Apple co-founder and CEO passed away in October 2011 after a long struggle with pancreatic cancer.

This question was asked by a man called "Tony Tseung" - who claims to be a senior engineer at Apple's headquarters in Cupertino, California - to Phra Thepyanmahamuni, the abbot of the Wat Phra Dhammakaya (their main temple). The movement was established in the 1970s and puts the focus of their teachings by literally interpreting Dharmakāya, which equates obtaining Nirvana as the "true Self", also known as atta - contrary to the main Theravada Buddhism teachings most Thais are following in which Nirvana is the ultimate goal, in which Self ceases to exist (anatta).

The abbot's answer is very elaborate to say the least:

หลังจากที่คุณ Steve Jobs ได้ละจากโลกนี้ไปแล้ว ก็ได้ไปบังเกิดใหม่เป็นเทพบุตรภุมมะเทวา (...) รวมกับอัธยาศัยพื้นฐานของตัวเขาซึ่งเป็นคนที่มีความรู้ความสามารถทั้งทางด้านวิทยาศาสตร์และสุนทรียภาพทางศิลปะสูงมาก (...) ตัวเขาก็ได้ไปบังเกิดใหม่เป็น “เทพบุตรภุมมะเทวาระดับกลางสายวิทยาธรกึ่งยักษ์” ที่มีที่อยู่ที่อาศัยซ้อนอยู่บนโลกมนุษย์ใกล้ๆ กับที่ทำงานเดิมของตัวเขาในทันที

"ภุมมะเทวาสายวิทยาธรกึ่งยักษ์" นั้นมีลักษณะเป็นอย่างไร (...) ก็คือภุมมะเทวาที่มีอัธยาศัย 2 อย่างมาผสมผสานกัน ได้แก่ อัธยาศัยของวิทยาธรที่รักในการเรียนรู้ศาสตร์และความรู้ต่างๆ กับอัธยาศัยของยักษ์ที่มักโกรธ ขี้โมโห (...)

After Mr. Steve Jobs has passed away, he reincarnated as a divine being (...) encompassing his characteristics: a person with the knowledge (and a great appreciation) for both science and arts (...) His reincarnation is a "Thepphabhut Phumadeva [divinity] of middle rank - half a Witthayathorn, half yak" that lives in a parallel universe not very far away from where he was as a human.

What is this divine being like? (...) It is a being that has two characteristics mixed together which includes his thirst for knowledge of sciences [his Witthayathorn half] together with his yak half, that is prone to be angry and hot-headed (...)

"ปรโลกนิวส์ ตอน สตีฟ จ็อบส์ ตายแล้วไปไหน ตอนที่ 1", DMC, August 21, 2012

Aha, Jobs is now apparently "half a Witthayathorn" - a term the abbot came up by himself - and, apparently because of his well-known temper, "half a yak" (not the animal), a giant demon that is mostly seen 'guarding' Buddhist temples in Thailand.

When the abbot went on describe how the life of Afterlife-Steve Jobs looks like, things get even more interesting:

ส่วนวิมานหรือที่อยู่ที่อาศัย ของท่านเทพบุตรใหม่จะมีลักษณะเป็นวิมานที่เรียบๆ ง่ายๆ ขนาดปานกลาง ที่สูงประมาณตึก 6 ชั้น ซึ่งตัววิมานจะประกอบด้วยโลหะสีเงินสีขาวและแก้วผลึกขนาดใหญ่ที่มีขอบเขตกว้างขวาง และอยู่ไม่ไกลจากที่ทำงานเดิมในสมัยที่ตัวเขายังเป็นมนุษย์ (...) นอกจากนี้ ท่านเทพบุตรใหม่ยังมีบริวารอันเป็นทิพย์ที่คอยรับใช้ดูแลอยู่ประมาณ 20 ตน ซึ่งทั้งหมดนี้ก็เกิดจากผลแห่งบุญที่ตัวเขาได้เคยทำบุญแบบสงเคราะห์โลกเอาไว้ในสมัยที่ตัวเขายังเป็นมนุษย์ เช่น บริจาคทั้งเงิน สิ่งของ ความรู้ให้แก่ผู้อื่นและสังคม

Concerning the living space of this new divine being: it is a very clean-cut, simple and middle-sized, six-story in height, which is built with silver metal and crystal in large quantities and that is not very far away from where he used to work in his human form. (...) Apart from that the new divine being has about 20 celestial servants at his service which comes from karma he obtained from charitable nature during his human form like donating money, objects and knowledge for others and society.

"ปรโลกนิวส์ ตอน สตีฟ จ็อบส์ ตายแล้วไปไหน ตอนที่ 1", DMC.tv, August 21, 2012

Anybody who dares to read the full explanation can go to their webpage here - even though it is only in Thai, the pictures should give an idea...! Also, there'll be a part two of the TV special on DMC.tv...

That last sentence is exactly the way of the Dhammakāya Movement many critics find fault in: give enough money for charity (preferably to Dhammakāya) and you might also reincarnate with your personal living space that coincidentally resembles an Apple Store and with your own personal Geniuses...erm, I mean servants!

The practices and methods by the movement are something more akin to what some say Christian TV evangelists with a giant temple on the outskirts of Bangkok, opulent mass-ordination ceremonies, the aforementioned TV channel with some production value, grand-scale downtown pilgrimages by monks, nationwide promotions such as a special credit card with a special perk to convert the bonus points into money donations to Dhammakāya, among many other actions.

And where does the money come from? Of course from donations by devotees, who are encouraged to donate large sums in exchange for great merits in order to ensure enough good karma for the afterlife. It basically blends religion with capitalism - a fact that may be why this movement had an increase of followers among the Bangkok middle class in the 1990s as this scientific article argues. This practice parallels to the selling of indulgences in Christianity during the middle ages until the 16th century, which was one of the points German reformist Martin Luther was protesting against in 1521.

Also, the Dhammakāya Movement is considered as one of a few Buddhist groups that have some to large supporters in Thai politics, as this cult is rumored to be closely linked to former Prime Minister Thaksin Shinawatra. The other noteworthy group is the Santi Asoke sect, which practices and propagates a more ascetic lifestyle that is opposed to materialism and mass consumption - in some ways the diametrical opposite of the Dhammakāya Movement business model. Followers of the Santi Asoke also took part in numerous protests against the government(s) of the aforementioned Thaksin Shinawatra and its reincarnations.

This whole story is intended as a lesson of karma and their take on what happens next after one has passed away. And of course this story is also yet another attention-grabbing PR stunt by the Dhammakāya Movement to gain new followers (and if you have been reading until this point you know why) by purely making up blatantly speculating predicting the afterlife of a worldwide-known figure. Not to mention the potential new devotees abroad, since this movement also has branches in 18 other countries including an open university based in California.

Steve Jobs was certainly influenced, if not even inspired, by Buddhism of various teachings. But he was not known as a devotee - not by practice and certainly not any of Thailand's various Buddhist's groups. Also, the abbot suggests that Jobs was concerned with life after death - contrary to his well-documented remarks that he regards death itself as "very likely the single best invention of Life. It is Life’s change agent.” He also said in the same commencement speech to university graduates in 2005: "Don't be trapped by dogma — which is living with the results of other people's thinking."

Saksith Saiyasombut is a Thai blogger and journalist currently based in Hamburg, Germany. He can be followed on Twitter @Saksith and on Facebook here.

Thai Mental Health Dept: 'No more than 2 hours of political news to avoid stress'

By Saksith Saiyasombut

On the Friday the 13th, when the Constitutional Court was about to deliver the verdict against the Thai government and their proposals to amend the constitution that was feared to throw the country into yet another political crisis, the Mental Health Department of the Public Health Ministry recommended all Thais "not to follow political news for more than two hours in a sitting" to avoid being stressed out or even turning agressive in process amidst ongoing political conflict.

นพ.ยงยุทธ วงศ์ภิรมย์ศานติ์ หัวหน้าทีมโฆษกกรมสุขภาพจิต และนายกสมาคมจิตแพทย์แห่งประเทศไทย กล่าวว่า ระหว่างรอฟังคำวินิจฉัยของศาลรัฐธรรมนูญ  (...) แต่ต้องยอมรับว่ากรณีที่เกิดขึ้นประชาชนต่างมีความตื่นตัวทางการเมืองมากขึ้น ถือเป็นรากฐานสำคัญของการพัฒนาประเทศ แต่ทั้งนี้คงไม่สามารถคาดการณ์ได้ว่าจะเกิดอะไรขึ้นในอนาคต แต่เชื่อว่าประชาชนส่วนใหญ่ไม่ต้องการให้เกิดความรุนแรง ซึ่งการคาดการณ์ความรุนแรงที่จะเกิดขึ้นยิ่งทำให้วิตกกังวลและเครียด อาจส่งผลให้เกิดโรคเครียดทางการเมืองได้ (Political Stress Syndrome : PSS)

Yongyuth Wongpiromsan MD, head spokesman of the Mental Health Department and president of the Psychiatric Association of Thailand says that in anticipation of the verdict by the Constitutional Court, (...) but we have to accept that the people have increased political awareness which can be considered as an important foundation of the national progress. However, we cannot predict what will happen in the future but we believe that the majority of the people do not want violence. Thus, [reports about] expecting an outbreak of violence can cause anxiety and stress, which could result in Political Stress Syndrome (PSS)

"กรมสุขภาพจิต เตือนประชาชนระวังเครียดการเมือง", MCOT, July 13, 2012 - translation by me

Furthermore, the press release included a list of symptoms that could come with PSS, both physical (irregular breathing, abdominal pain and all sorts of other aches) and psychological (disenchantment, insomnia, anxiety and anger). Should one be unsure about his or her mental condition, he or she can take a test to measure if somebody has PSS or not and, when appropriate, seek counseling. The questions are:

1) "Do you feel anxiety when expressing political opinions?", 2) "Do you feel hopelessness regarding the current political situation?", 3) "Do political news make you feel easily upset or angry?", 4) "The political situation keeps you awake at night?", 5) "Are you unfocused at your job or daily activities when thinking about politics?" 6) "Politics causes fights and arguments with others" 7) "Are you feeling afraid when following political news" 8) "Are you repeatedly thinking about the political situation"

Now, given Thailand's recent history it would certainly not be a new phenomenon. Actually, it was coined by the same department right at the beginning of this political crisis back in 2006:

One-fourth of Thais are likely to develop political stress syndrome (PSS) - a new mental ailment triggered by fierce political tension, Mental Health Department chief said yesterday. (...) "The risk group includes politicians, protesters and supporters of the government, news addicts, and people with mental health problems," said M.L. Somchai Chakrabhand.

The PSS, he said, was a new medical term developed by the department after studying the linkage between political tensions and people's mental health.

''Psychiatrists are afraid that people with accumulated PSS symptoms will resort to violent means to break the political dead end because they feel that a peaceful movement is not a solution to the impasse,'' he said. M.L. Somchai said it was the first time the department detected this kind of mental illness in the country.

"Crisis triggers 'political stress syndrome'", Bangkok Post, circa March 17, 2006 - found here

In conclusion, Yongyuth gives his advice on how to deal with PSS and also how everybody can contribute responsibly to reduce widespread political anxiety.

อย่างไรก็ตามการสื่อสารในเครือข่าย Internet ควรลดความรุนแรงในการแสดงอารมณ์และความคิดเห็นการแสดงออก (...) แต่จะส่งผลกระทบให้เกิดบรรยากาศของสังคมที่รุนแรงมากขึ้น ดังนั้น การสื่อสารในเครือข่ายฯ นี้ ควรเพิ่มความระมัดระวังในการออกความคิดเห็น ไม่ส่งต่อความคิดเห็นที่รุนแรงออกไป รวมทั้งช่วยกันตักเตือนการแสดงออกที่รุนแรง ซึ่งทุกคนสามารถช่วยให้สังคมไทยผ่านวิกฤติครั้งนี้ไปได้ ด้วยการแสดงออกอย่างสร้างสรรค์ แก้ไขความขัดแย้งโดยไม่ใช้ความรุนแรง ไม่สร้างความโกรธ ความเกลียดชัง ลดการเผชิญหน้า และร่วมกันหาทางออกให้กับประเทศ.

Nevertheless, when exchanging views on the internet, the intensity of the emotions and opinions expressed should be reduced (...) that can have a negative impact on the social mood, which would increase [the chance of] violence. Thus, these kind of online discussions should be more careful in their expression of opinions, they should not spread agressive views and help reminding those who do, so that everyone can help the Thai society to overcome this crisis by being constructive, by bridging the divide without violence, anger, hatred, confrontation in order to find a solution for the country together.

"กรมสุขภาพจิต เตือนประชาชนระวังเครียดการเมือง", MCOT, July 13, 2012 - translation by me

First off, PSS is not an officially recognized syndrome, rather it is a coined term to describe the accompanying side effects of a growing political consciousness (which has been acknowledged as a good thing above), where people do take interest in the political decision-making that has an influence on them and thus in return demand to have a say in that.

Also, the recent years have shown that there are more and more competing narratives about the recent history of Thailand and the directions this country should take in the coming years. Never before have important, but previously taboo issues (such as the often-mentioned lèse-majesté law) been debated so openly (as far as it is legally possible) in the public domain. Sure, it can get messy, sometimes downright nasty. But it is also a chance to show that there is no more only one single sovereign authority that defines things anymore!

Be it from the press - who should do their duty and, while optionally opinionated, report truthful (and not just "20 per cent" of it "when you read The Nation and Bangkok Post", as Thitinan remarked) - or from a fellow man, what is important is a tolerance to opinions and expressions that they do not agree with - a fundamental necessity in a democratic society.

However, sometimes emotions do outweigh reason and opposite opinions are viscerally condemned. Many political issues have deteriorated into short-tempered, easily trigged shouting matches - also by our law-makers - or have been taken to the streets in an apparent failure of the democratic institutions instead of a level-headed, fact-based approach. Critical thinking and the tolerance for inconvenient views are skills not necessarily paramount on the things to be taught in school and that lack now is being exposed in the most extreme fashion.

Nevertheless, at one point things can be overwhelming, tiredness and frustration can occur. Especially when things hardly change (like with lèse-majesté) or just simply a general anxiety (something I tried to explain during the flood crisis last year) that this simmering political crisis is always close to boil over again! In these moments, you can't help but take a break or reduce the daily news intake.

P.S: This warning probably comes a little bit too late for us journalists and regular readers to this and similar websites...!

Saksith Saiyasombut is a Thai blogger and journalist currently based in Hamburg, Germany. He can be followed on Twitter @Saksith and also on his public Facebook page here.

Public seminar on ‘Democracy and Freedom of Expression’ in Ubon Ratchathani

By Saksith Saiyasombut There were a few events and discussion panels on freedom of speech and how the lèse majesté laws is heavily contributing to the continuous deterioration of that in Thailand in recent years. There was the panel discussion with Sulak, Pravit, Marshall and Anderson hosted by Siam Voices contributor Lisa Gardner, then at the FCCT (where the former event was initially supposed to take place) held an event with Professor Tongchai Winichakul and Professor Andrew Walker earlier this week. Also, Al Jazeera English devoted a whole episode of their weekly "101 East" program on Thailand's draconian Article 112 (lèse majesté), including a panel talk with Sulak, a hapless Panitan Wattanayagorn (government spokesperson under Abhisit and now back being an academic) and the dimwitted statements of Dr. Tul Sitthisomwong (leader of the reactionary, pro-112 multi color shirts).

On this coming Friday there's another public event, that discusses all of the above. However, this time it is a little bit different: First off it takes place in Ubon Ratchathani, and secondly it widens the scope not only on lèse majesté, but also on whether or not democratic values, human rights and personal freedom are actually compatible with Thai culture. The speakers are well-known to regular observers and readers:  Thitinan Pongsudhirak, one of the most quoted academic on Thai politics, Prachatai's Chiranuch "Jiew" Premchaiporn, Preut Taotawin and Pavin Chachavalpongpun, currently one of the most active academics and also a staunch activist against 112 - not without consequences. The even is hosted by Dr. Titipol Phakdeewanich, academic and Bangkok Post contributor.

Blurb down here or on the Facebook event page.

A Public Seminar: ‘Democracy and Freedom of Expression’ (in Thai only)

Friday the 22nd of June 2012, from 9.00 am – 1.30 pm Faculty of Political Science, Ubon Ratchathani University

The event is funded by the European Union (EU)

The seminar aims to promote a better understanding of the ways in which democracy, freedom of speech, and human rights are interconnected and cannot be separated if there is to be effective and tangible progress in this regard. The dialogue on this topic will aim towards a clear understanding of the importance of long-term goals in providing a sense of direction and purpose in relation to the promotion of the levels of both political participation and political awareness of the Thai population.

Since the 2006 coup d'état, we have continued to observe the problem of having human rights being more properly respected in a country, which has developed increasingly entrenched colour-code politics. Furthermore, the debate over the reform of ‘Article 112’ has become highly politicised, which has acted to distract from the key principle of promoting human rights.

08.30 – 09.00 am Registration and Coffee

09.00 – 09.20 am Welcoming remarks: Assoc. Prof. Dr. Chaiyan Ratchakul, Dean of the Faculty of Political Science, Ubon Ratchathani University

09.20 – 10.45 am: Speakers

"The importance of freedom of expression in a democratic society" Dr. Thitinan Pongsudhirak, Director of the Institute of Security and International Studies, Faculty of Political Science, Chulalongkorn University

"Freedom of the media in Thailand: challenges and prospects" Ms. Chiranuch Premchaiporn, Director of Prachatai

"Freedom of Expression: Does it exist in Thailand?" Dr. Pavin Chachavalpongpun, Associate Professor at the Centre for South-east Asian Studies, Kyoto University, Japan

"Grassroots perspectives on freedom of expression and democracy in Thailand" Assistant Professor. Preut Taotawin, Lecturer at the Faculty of Liberal Arts, Ubon ratchathani University

Moderator Dr. Titipol Phakdeewanich, Faculty of Political Science, Ubon Ratchathani University

10.45 – 1.30 am: Q & A, Discussion

On '100% Thai manliness' and the reality of LBGT in Thailand

Originally published at Siam Voices on June 7, 2012 On Wednesday, a rather confusing headline made the rounds when a Thai actor told that the country's Ministry of Culture (or as we call it here "ThaiMiniCult") ordered TV executives to ensure that "100 per cent male" actors should not play transgender roles on TV. Naturally, such a bold statement caused at least befuddlement and at most outrage among many people, given their track record in the past especially when it comes to the bare naked truth of sexuality.

However, soon after the news broke the actor in question went on record denying that he ever said the Ministry of Culture issued the order and that it was rather some pooyai (someone in high position, presumably a high ranking official) who asked him not to play transgender roles as he wished to see real transgender actors play their own roles. The permanent secretary of the Ministry of Culture also came out to deny that anyone in his office or their culture watch center ever issued any such ban.

I sat down with Siam Voices contributor Kaewmala to talk about this yet another strange news story involving ThaiMiniCult.

Saksith Saiyasombut: Well,  for a short moment there we thought the Thai Ministry of Culture came out with yet another stunning statement about banning "100 per cent manly" TV actors from playing transgender roles. What do you make of that?

Kaewmala: Probably like most people, my first reaction was "whadda...!!" There are times I wish I could really understand our Ministry of Culture, but other times the idea of knowing exactly what they think frightens me. We were quick to jump in to join the mocking of MiniCult because it's fun. In this case, we should give MiniCult the benefit of the doubt and take the actor's and the MiniCult boss's words for it that MiniCult didn't really issue a ban. (For my part, after having had a quick swipe at them, in an act to ask for forgiveness I mentally lit an incense stick and prostrated once to MiniCult. Just to show fair is fair, you know. They would appreciate that if they knew I prostrated appropriately in Thai style.)

In any case, the idea of “100% manliness” intrigues me. Whoever came up with that concept, I wonder if they used a scale, a measurement tool of some kind, to gauge the actor's manliness? In my (very) heterosexual female eyes, Mick does look quite manly (and handsome to boot) but I’d be hard-pressed to say his manliness is at 100%, 96.50% or 87.46%. I admit my masculinity radar isn’t quite accurate to the decimal point. Sometimes, I even find myself making mistakes; a man who looks so manly - actually those who look so super, hyper-manly - tend to be, um, not in the women’s way, you know.

Saksith Saiyasombut: Traditional theater performances from around the world always had females roles played by men, is there anything similar in 'traditional' Thai culture?

Kaewmala: Have you ever seen Thai Li-ke? The theatrical performance where performers, male or female (100% or otherwise), are painted like in the Japanese Kabuki. The Li-ke heroes such as Lord Rama in Ramayana have white-painted faces, red-painted lips, arching eyebrows and so forth. The audience isn’t confused about their sexuality, I imagine. They know the roles they play are the roles on stage. Whatever sexual orientation or gender identity they might have off-stage is another thing, and people don’t really care.

In the old Siamese royal court, there used to be a tradition of female roles being played by boys or men. My knowledge about Thai classical theater performance is rather limited, so I can’t give you any deep insight on that.

Saksith Saiyasombut: Is Thai 'manliness' in any danger that it would need protection? And from what?

Kaewmala: Why would Thai men’s manliness need protection? I think it takes a straight man who is very secure of his sexuality to play a gender-bending role. Men who are secure about their sexuality are very sexy, irresistible even, to females (or other sexes) attracted to masculine men (Like a man who is a feminist is sexy to many women). And also, why assume that manliness is the exclusive domain of straight men? Many gay men are very manly. Men who want to play a katoey role wouldn't easily turn into a real katoey, if that's what some people fear.

Although there isn't really a need to protect Thai manliness, I think we can guess a little at the rationale of the pooyai who asked the actor not to play the katoey role. He is said to have given the reason that he wished the real katoeys to play the roles, which is really thoughtful, if  true.  A few questions arise, however. Does the pooyai want to save the job opportunity for the real transgender/transsexual people? Or does he want to preserve the purity of Thai manliness? Or a bit of both? We don't know enough about the pooyai to speculate whether he's a liberal progressive or a conservative by making such a request to the actor. But in general, a liberal progressive person is unlikely to intervene in other people's affairs, but there's no hard and fast rule on that either. My guess would be that he's more likely a conservative.

Conservatism is driven by the need to protect the sacred and to uphold the purity and sanctity of whatever is believed to be pure and sacred. Thai manliness in this case might be perceived as being in danger of being contaminated by a straight-male actor playing a transgender role, hence making it less sacred. Conservative people tend to like to keep things as they are. They don't like changes and prefer to see things in clear categories. Men as men. Women as women. Katoeys as katoeys. Mixing and crossing these set categories confuse and upset people who believe in the purity and sacredness of these categories that they want to keep separate. That's why you always hear cries how things are now "degenerated," "contaminated by foreign influences," etc.

You see, Thailand is well known for its openness to alternative sexualities and transgender people can live more or less openly here if they so choose but that doesn’t mean there aren’t prejudices against them. The state of being a transgender, transsexual, gay, tom, di, bisexual, or whatever that is not the mainstream heterosexual, is still perceived as a perversion. Mainstream Thai society still perceives them as freaks of nature. (It's like, "alright, alright, if that's what you want to be - but you aren't 100%, so stay away from us, in your place, you're so lucky we tolerate you.") And these prejudices are always looming shallow and deep in the background. Occasionally, it pops up in an advertisement, a government rule or regulation, a law, or some pooyai's mouth.

Saksith Saiyasombut: That's a good point, since Thai society has always been regarded as rather friendly towards people with different sexual orientations - especially judging by public presence of transgender people - is that really the case?

Kaewmala: Appearance can be misleading. Compared to many other societies, yes, Thai society is quite open in day-to-day treatment of people with different sexual orientations and gender identities. Thai transgender people aren’t killed or beat up because of their sexuality to the extent it happens in some other countries (though this kind of hate crimes also exists in Thailand to some extent). Instead, we have world-renowned katoey shows, arguably the best looking ladyboys on earth, and tourists the world over flock to see them in cabarets, in beauty pageant stages, etc. We have transgender people working prominently in shopping malls, in customer services, in beauty, entertainment and sex venues. But that’s pretty much where most of them are. Very few of them are in regular jobs, often not because they don’t want to, but the opportunities are limited. They are still discriminated against widely in terms of employment. Their opportunities are even officially restricted, in particular in government, police and military jobs. Military service regulations still include "katoey" as a prohibited disease and hence disqualifies anyone who is a katoey to apply for jobs in military service. Only months ago that the official branding of transgender people as “having a permanent mental disorder” on the military conscription exemption paper was finally put to stop. This paper has been the biggest obstacle for transgender people for a long time and has prevented them getting jobs, visas, doing legal transactions, etc.

In short, socially there is a fair amount of tolerance for people with different sexual identities but they are still lots of problems and unfair treatments going on based on attitudes and laws and official regulations in this country, most particularly concerning transgender people. It’s not all peaches! Things are changing gradually for the better however, like we just have the first transgender politician who won the provincial administration office in Nan. Hopefully she will bring positive changes, especially in terms of recognizing transwomen (transgender persons who have had sex change operations to become a woman) like her as legally female, so that they could have a legal identity as female, get married, and live fully as a woman, instead of legally as a man but for all practical purposes as a woman.

Saksith Saiyasombut: Ok, let's say whoever came up that "no-transgenders-played-by-straight-actors" - idea would now look very anti-transgender - but could it be possible that this initiative is meant to protect the real transgender actors from getting their jobs stolen from their non-transgender colleagues?

Kaewmala: That is possible. In the best case scenario, the idea is to protect job opportunities for transgender people in acting jobs. It would be a new thing, and seems like a very positive thing indeed. Like banning white people from painting their faces black to play black people as it happened in history in the West. What do you think is the chance of that being the case here?

For argument’s sake, if the reason is really to protect acting job opportunities for transgender people on the principle of equality and fairness, what about straight women playing lesbian, tom and dii roles? Can "100% manly" gay men play straight male and katoey roles? 

Is it supposed to be about gender equality, fair opportunity in employment, or gender-specific or sexual orientation-specific guidelines for the acting profession? And for what purpose exactly? If actors comply with pooyais' recommendations as it seems to be the case with this actor who made the news, where will this go and where will it end?

Kaewmala is a writer, a blogger and an avid twitterer. She blogs at thaiwomantalks.com and is a provocateur of Thai language, culture and politics @thai_talk. Kaewmala is the author of a book that looks at the linguistic and cultural aspects of Thai sexuality called “Sex Talk”.

Saksith Saiyasombut is a Thai blogger and journalist currently based in Hamburg, Germany. He can be followed on Twitter @Saksith and on Facebook here.

Thailand's Democrat Party to hawkishly monitor media like it's 2009

Originally published at Siam Voices on June 6, 2012 A media monitoring group set up by Thailand's opposition Democrat Party in order to flag news coverage deemed 'too favorable' to the current government recalls the hawkish tendencies towards state media control during their rule between 2009-2011, further fueled by the history of the leader of this media monitoring group.

The Nation reported on Tuesday:

The Democrat Party has set up a media-monitoring group to be led by Trang province MP Sathit Wongnongtoey. He urged the public to monitor changes closely at Channel 9 and television hosts such as Sorrayuth Suthasnachinda of Channel 3, as well as newspapers, for what he claims is biased reporting in favour of the Pheu Thai-led government.

Sorrayuth failed to explore the details of the national-reconciliation bills in his reporting, while Channel 9 had continually attacked the Constitution Court's order to delay the House deliberation on constitutional amendment, Sathit said. If the party finds a media organisation that is not reporting well-rounded information, it will provide that organisation with information and ask it to disseminate it, he said.

"Democrats to monitor 'pro-Pheu Thai' media coverage", The Nation, June 5, 2012

Furthermore, another Democrat MP cites the changes at MCOT, a state-owned media organization that owns dozens of radio stations and the Modernine TV channel (formerly Channel 9). Its president was sacked over 'poor performance' in October last year and replaced by  Chakrapan Yomchinda, a former MP of Thaksin's Thai Rak Thai Party. He then moved aside last May to pave the way for current president Premkamon Tinnakorn Na Ayutthaya, who reportedly has close ties to Thaksin.

The fact that this media monitoring group, established to keep an eye on any news that is not in their favor, is headed by none other than Sathit Wongnongtoey, is somehow revealing about the mindset of some, if not many, in the opposition party. During his tenure as Minister to the Office of the Prime Minister under the administration of Abhisit Vejjajiva, Sathit left a trail of knee-jerk reactions and gaffes behind him as he interfered with Thailand's media landscape.

Since the Minister to the PM's Office also oversees the state media outlets of MCOT and NBT, the government has some vital tools to get their message across the airwaves. Ever since the political crisis of recent years, these outlets have essentially become propaganda machines for whoever is government. Sathit went all out in 2009 to use this to "counter" everything by Thaksin and the red shirts, while already establishing a total disregard for media freedom early on.

During that year, he maintained his reactionary stance, as evident in several cases such as when he smelled a foreign conspiracy after rumors of the King's medical condition caused the stock market to nosedive. Or when he pledged to curb Thaksin's personal SMS exchanges. Or when he smelled another foreign conspiracy when the website Protect The King was suddenly replaced by something completely different, where in reality the government simply forgot to renew the domain. Or when he smelled yet another foreign conspiracy and demanded from The Times (UK) to hand over the recordings from an interview with Thaksin. Or when he launched a bizarre and wasteful campaign urging all Thais to publicly sing the National Anthem.

As you can see, Sathit did quite a lot during his term. However, the pinnacle of his work happened at one of the MCOT radio stations, where one of the hosts actually dared to conduct a phone interview with Thaksin. Unsurprisingly, this was met with a lot of criticism including from Sathit himself who tweeted* his initial bewilderment and demanded a clarification by the MCOT management, as usual suspecting a hidden agenda. In the end the radio host quit in frustration after Sathit's overreaction.

So it comes as no surprise that Sathit Wongnongtoey would spearhead a media monitoring group to scan Thailand's news outlets for headlines and talking points that do not fit their opinion. But it is exactly this behavior, manifested by a history of knee-jerk media interferences, that exposes a deep reactionary hawkish stance which only allows one single narrative and disregards the existence of others.

*Side note: Back then in September 2009, I wrote a series of tweets commenting and highlighting Sathit's overreaction but was unable to find them, despite using a whole bunch of tools. If anyone know how one can access very old tweets from way back, please let me know. Thanks!

Saksith Saiyasombut is a Thai blogger and journalist currently based in Hamburg, Germany. He can be followed on Twitter @Saksith and on Facebook here.

Thai webmaster Chiranuch found guilty, but avoids jail term

Originally published at Siam Voices on May 30, 2012 Thai webmaster Chiranuch Premchaiporn was found guilty this morning of not deleting lèse majesté comments on the now defunct web board of the Thai news website Prachatai quickly enough - she was sentenced to 1 year in prison, which was then reduced to an 8-month SUSPENDED sentence and a THB20,000 (US$630) fine.

In its verdict, the court states that Chiranuch has failed to delete one comment for 20 days, whereas the other nine objected comments were deleted within 10 days, thus violating against Article 14 and 15 of the 2007 Computer Crimes Act which punishes “false data” that damages a third party, causes public panic or undermines the country’s security and “any service provider intentionally supporting” the said offenses, respectively - despite the fact that the court also states that the expectation to pre-emptively delete illegal comments was "unfair".

Below is a full live timeline of the morning's events…

Today at 10.00 AM (Bangkok time) the Thai Criminal Court will give its verdict against Chiranuch “Jiew” Premchaiporn, the webmaster of the news website Prachatai. Chiranuch is being prosecuted for failing to delete 10 comments made by others that are deemed insulting to the monarchy not quickly enough. She has been arrested in 2009 and again in 2011, while the website itself has been hit by numerous takedown orders and blocked repeatedly by authorities.

If that paragraph above sounds familiar to you - it should be: these are exactly the same words from the live-blog from the original verdict date one month ago. However, just mere 10 minutes before it was about to start, the court decided to postpone the verdict, since it needed more time "due to the complexity of the case".

A lot has happened since then, most notably the death of lèse majesté-victim Amphon 'Uncle SMS' Tangnoppakul in prison and the  lèse majesté complaint lodged against Prachatai columnist Pravit Rojanaphruk. In light of these events, Chiranuch's case could be an even more unprecedented moment that could really determine Thailand's (dis-)regard for freedom of speech.

I’ll live-blog and comment the verdict here and also try to gather as many as reactions as possible. Also, be sure to follow me on Twitter @Saksith for up-to-the minute updates.

+++NOTE: All times are local Bangkok time (GMT +7)+++

12.13 h: That wraps up our live-blog. Today's verdict is a clear sign by the Thai state that freedom of expression doesn't really exist here. Besides directly cracking down on content that is deemed insulting, defaming to the monarchy or just simply not according to a dominant national narrative, the verdict also underlines the requirement to its citizen to self-censor to satisfy a pre-emptive obedience.

Today's verdict also against the freedom of expression online, as all platforms that provide a place to express opinions are held liable for the view expressed by others, thus practically putting a brake on any free discussion. Also, virtually all social media tools like Twitter, Facebook, YouTube and any ISP are also being the target as their owners theoretically under Thai law are held responsible, too.

This is a huge blow for internet freedom as the Thai authorities and its laws are still far from being up to date, as the latter are too ambiguiously worded and leave roo much room for misuse. Even though Chiranuch walks away free today, this verdict is a warning shot to everybody who dares to push the very limiting boundaries of what can be said in Thailand

Thanks for following the live-blog!

12.00 h: First comment by Chiranuch:

"I expected to be acquitted, but I found the judge's verdict logical and reasonable," a smiling Chiranuch told reporters. "However, I still think the verdict will have an impact on self-censorship."

"Thai webmaster sentenced in free speech case", Associated Press, May 30, 2012

11.32 h: A picture of Chiranuch shortly after the verdict was read:

10.50 น.ที่ศาลอาญารัชดา ห้องพิจารณาคดีที่ 704 ศาลพิพากษา จีรานุช ผอ.ประชาไท ความผิดพรบ.คอมฯ ม.14 และ15 จำคุก instagr.am/p/LPJu0OSzbt/

— Tewarit Maneechai (@Bus_Te) May 30, 2012

11.18 h: First wire news story on the verdict by AP:

BANGKOK (AP) - A Thai court has sentenced a local webmaster to an eight-month suspended sentence for failing to act quickly enough to remove Internet posts deemed insulting to Thailand's royalty.

Chiranuch Premchaiporn faced up to 20 years in prison for 10 comments posted on her Prachatai website, a popular political Internet newspaper.

The case was seen as a test of freedom of expression in Thailand. She was the first webmaster prosecuted under tough cyber laws enacted after a 2006 coup.

New York-based Human Rights Watch has said prosecuting her sent "a chilling message to webmasters and Internet companies."

"Thai webmaster sentenced in free speech case", Associated Press, May 30, 2012

11.16 h: This here was the basis for the reasoning of the verdict:

Prachatai's dir was on trial from 10 comments posted on PCT. Judge says she's guilty from one of the 10 mess left 20 days on the webboard.

— iLaw Club (@iLawclub) May 30, 2012

Judges says another 9 comments left between 1-10 days before being removed means she didn't intend to leave them there. #freejiew

— iLaw Club (@iLawclub) May 30, 2012

11.06 h: First reactions:

Today's event underscores irony that #Burma now probably has more freedom of speech than #Thailand. #assk #Jiewverdict

— AndrewBuncombe (@AndrewBuncombe) May 30, 2012

So, the guilty verdict to send the message to everyone else…**watch out**. And the suspended sentence to defuse any human rights criticism?

— Dave Oliver (@daveoli) May 30, 2012

Speaking as a webmaster & forum owner in Thailand, I live in a daily atmosphere of fear. Worried that I will be jailed for what others write

— Richard Barrow (@RichardBarrow) May 30, 2012

Sad day for Internet freedom in Thailand. The verdict means owners of Facebook, YouTube etc. are liable under Thai law too :-/ #freejiew

— สฤณี อาชวานันทกุล (@Fringer) May 30, 2012

10.56 h: Summary: The Criminal Court still finds Chiranuch to be guilty, even though it has stated that the expectation to pre-emptively delete illegal comments to be "unfair" - but for the court they're still illegal, and measured by the fact that it took more than 10 days to delete one of them, the court finds her guilty. Very foul compromise!

10.52 h: BREAKING: Thai webmaster Chiranuch Premchaiporn found guilty for not deleting lèse majesté comments not quickly enough - sentenced for 1 year prison, then reduced to an 8 months SUSPENDED prison term and THB 20,000 fine.

10.48 h: This is now getting crucial:

7 expectation d intermediary take down comments immediately isn't fair. But, still defendant r responsible for illegal comments #freejiew

— เครือข่ายพลเมืองเน็ต (@thainetizen) May 30, 2012

10.41 h:

4. At that time, Prachatai webboard had about 2-30,000 users, 300 new topics each day. The [problematic] topic is No. 1.2 million

— เครือข่ายพลเมืองเน็ต (@thainetizen) May 30, 2012

5. Plaintiff told defendant to deletecomments but wasn't clear when+how plaintiff made notice to d defendant-before/after comments deleted

— เครือข่ายพลเมืองเน็ต (@thainetizen) May 30, 2012

10.35 h: Basically the court now is giving a summary of the case:

3 Court: Defendant said after coup, webboard users increased by 10 times. Accordingly, defendant step up measures in overseeing webboard.

— เครือข่ายพลเมืองเน็ต (@thainetizen) May 30, 2012

10.30 h: 

2 Court: Regarding wheather defendant *supported* content to be posted, Court regards defendant as ISP as defined in CCA #freejiew

— เครือข่ายพลเมืองเน็ต (@thainetizen) May 30, 2012

10.29 h:

Summary: Content is considered illegal. Defendant is considered a service provider. Now is abt if she should liable in this case? #freejiew

— เครือข่ายพลเมืองเน็ต (@thainetizen) May 30, 2012

1 Court: the msgs deemed violation of CCA Article 14 (3). But the plaintiff didn't accuse the defendant for creating content #freejiew

— เครือข่ายพลเมืองเน็ต (@thainetizen) May 30, 2012

10.26 h: Thai Netizen Network has the first tweets from the reading

ศาล: ข้อความดังกล่าวศาลเห็นว่า ผิดตามมาตรา 14(3) ตามพ.ร.บ.คอมพ์ แต่ไม่พบว่าโจทก์บรรยายว่าจำเลยเป็นผู้นำเข้าข้อมูล (ต่อ) #freejiew

— เครือข่ายพลเมืองเน็ต (@thainetizen) May 30, 2012

ศาล: ปัญหาว่าจำเลยเป็นผู้สนับสนุนการนำเข้าข้อมูลหรือไม่นั้น ศาลเห็นว่าจำเลยถือเป็นผู้ให้บริการตามพรบ. (ต่อ)#freejiew

— เครือข่ายพลเมืองเน็ต (@thainetizen) May 30, 2012

Translation is following now...!

10.17 h: 

Start reading the verdict. The plaintiff is not presented. Room 704. #freejiew

— เครือข่ายพลเมืองเน็ต (@thainetizen) May 30, 2012

10.05 h: Good point!

A guilty verdict could mean the death of user-gen. content in #thailand. Like hanging "digital entrepreneurs keep out" sign at the airport.

— Andreas (@anho) May 30, 2012

10.01 h: The hearing on the verdict should be under way now...!

9.56 h:

Court officials requested all phones or tablets off and no photos allowed during today's hearing #freejiew

— Amy Kunrojpanya (@AKunrojpanya) May 30, 2012

This is standard court procedure, I'm sure we'll still get the news quickly enough.

9.52 h: Meanwhile in the courtroom...

A lot of Thai/int'l observers in @jiew's verdict still. They're changing to a bigger court room.

— Thanyarat Doksone (@8td) May 30, 2012

Standing room only. Verdict hearing moved to bigger room (#704) to accommodate the crowds #freejiew

— Amy Kunrojpanya (@AKunrojpanya) May 30, 2012

9.50 h: Bangkok Pundit has turned on his crystal ball:

1. Time for prediction. @jiew will not get a jail sentence today. AFAIK, evidence presented at trial that she had deleted comments in past

— bangkokpundit (@bangkokpundit) May 30, 2012

2. that would be deemed LM without prompting & there was no specific warning/notice given to Jiew or Prachatai abt comments. This won't mean

— bangkokpundit (@bangkokpundit) May 30, 2012

3. that intermediary liability is no longer an issue; just facts of this case (+ also high profile nature) means J has not broken the law

— bangkokpundit (@bangkokpundit) May 30, 2012

4. That is not 100% confident prediction; just think it is much more likely than a custodial sentence.

— bangkokpundit (@bangkokpundit) May 30, 2012

Here's hoping...

9.45 h: Here's a news report by Al Jazeera's Wayne Hay on Chiranuch's verdict, with a wider focus on lèse majesté as well:

9.40 h: From Google's Amy Kunrojpanya:

Full house in Room 911 at Thai Criminal Court as we wait to hear today's verdict #freejiew

— Amy Kunrojpanya (@AKunrojpanya) May 30, 2012

9.35 h: On my Twitter timeline and in general, there're quite noticeably less #freejiew tweets...

9.30 h: It is indeed a considerably big news day in Thailand, with the historical visit by Myanmar's democracy icon Aung San Suu Kyi, the end of the ban for the 111 Thai Rak Thai Party politicians and also a return of the yellow shirted PAD to the streets to protest the reconciliation bill. However, I'm pretty sure that a negative verdict could overshadow all of these within a heartbeat.

9.20 h: On Twitter, I asked Thanyarat Doksone from AP, who's at the Criminal Court in Bangkok whether there are more or less media covering the verdict. Her answer is not surprising:

@Saksith Less than a month ago, esp. the int'l media. Guess because of #ASSK coverage.

— Thanyarat Doksone (@8td) May 30, 2012

9.20 h: In the evening of the original verdict date, Prachatai has published an open letter by Chiranuch. Here's an excerpt:

Dear All,

I write to you to share my thoughts before the verdict will be read in the next 7 hours. Although I still don’t know any answer for my life, I wish we can win the case but I should prepare for unexpected results too. Many of you asked how do I feel as the verdict is approaching. Honestly, there were mixed feelings. On the one hand, I’m glad that I’m able to get some guide of my future, it might be better than never known. (…)

“Chiranuch’s letter prior to the verdict“, Prachatai, April 30, 2012

9.15 h: However, her case also highlights the problematic application of the laws mentioned – especially Article 112 since anybody can file it from anywhere. Chiranuch herself was arrested again in 2011 after a man in Northeastern Khon Kaen filed a complaint against herand was dragged to that town on the spot shortly she arrived at Suvarnabhumi airport in Bangkok – ironically after she came back from a panel on internet freedom in Hungary…!

Also of note here is that often times the CCA is being used in conjunction with Article 112, which has been used numerous times to curb freedom of speech online.

9.05 h: It’s important to stress out that Chiranuch is NOT charged under Art. #112 #LM, but Art. 15 of the CCA which punishes “any service provider intentionally supporting” for violations made against Art. 14 for “false data” that damages ”false data” that damages a third party, causes public panic or undermines the country’s security – whatever that is supposed to mean…!

9.00 h: Good Morning and welcome to the live-blog! Here's a recap about Chiranuch's case:

This case highlights the ambiguous legal foundation: Article 14 of the Computer Crime Act (CCA), which punishes “false data” that damages a third party, causes public panic or undermines the country’s security, while the webmaster herself is being charged under Article 15, which punishes “any service provider intentionally supporting” the said offenses. These violations would be punished by five years of imprisonment – for each offense – theoretically tallying up to a total 50 years, but legally ‘only’ a maximum of 20.

Since the alleged comments are regarded as lèse majesté, this case also shines a light on the infamously draconian Article 112 of the Penal Code. All these articles leave (intentionally or not) wide room for interpretation and thus, as seen countless times in recent years, rampant misuse. More details can be read in this factsheet by Thai Netizen Network and here at iLaw.

Despite the numerous cases and victims who have been actually charged under lèse majesté, this case is being regarded as crucial since it not only highlights the vague legal interpretation of the law made possible by the ambiguous wording and highlights the challenges against a (perceived) decrease of freedom of speech, but since these comments were not made by her, her thoughts and intentions are on trial, only because she did not delete these comments quickly enough!