Media, Technology Saksith Saiyasombut Media, Technology Saksith Saiyasombut

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:

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:

11.06 h: First reactions:

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:

10.41 h:

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

10.30 h: 

10.29 h:

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

Translation is following now...!

10.17 h: 

10.05 h: Good point!

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

9.56 h:

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

9.52 h: Meanwhile in the courtroom...

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

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:

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:

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!

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Tongue-Thai'ed! Part XIV: Sukhumbhand's second term bid as Bangkok governor - just a joke...!

Originally published at Siam Voices on May 23, 2012 “Tongue-Thai’ed!” encapsulates the most baffling, amusing, confusing, outrageous and appalling quotes from Thai politicians and other public figures – in short: everything we hear that makes us go “Huh?!”. Check out all past entries here.

Bangkok Governor MR Sukhumbhand Paribatra has been in office since 2009 and has already seen a lot during his tenure. Whether it was the violent red shirt protests of 2009 and 2010, or the floods of 2011. It was also Sukhumbhand who knew how to leave his personal mark on these events by standing out and going against the grain.

Bangkok Governor

During the 2010 red shirts protests, Sukhumbhand met with Thaksin in Brunei to broker a deal to end the protests, which has put him at odds with the then-government of prime minister Abhisit Vejjajiva and his Democrat Party. And during last year's flood crisis the Bangkok governor tried to profit from the government's ham-fisted response and relief efforts by portraying himself as the savior of the inner city from the floods, even if it meant having to sacrifice the outskirts and wastie much energy to fight with government officials over the relief efforts, among other embarrassing gaffes.

Now, with the gubernatorial election up next year many are asking whether or not Sukhumbhand will run for office again. These polls could be a bellwether test for the Democrat Party's dominance over the capital. Even if there are still many months to go to January 2013, he already threw his hat into the ring:

Bangkok Governor Sukhumbhand Paribatra says he will seek a second term because he has unfinished work to accomplish. MR Sukhumband’s four-year term as head of the Bangkok Metropolitan Administration (BMA) will end in January 2013. (...)

"If the Democrat Party agrees to select me as its candidate to run in the next Bangkok governor election, I will be ready to run for the post again," said MR Sukhumbhand.

Democrat spokesman Chavanond Intarakomalsut said MR Sukhumbhand’s early declaration was intended to show his intention to continue working for the people of Bangkok.

"Sukhumbhand: I'll run again", Bangkok Post, May 19, 2012

But maybe that call was a little bit too soon as the denial came quickly in the following days:

But yesterday, Sukhumbhand admitted he did not really intend to join the election and that what he said before he was a joke. He said if he intended to contest the election, he would make an official announcement in Bangkok.

Democrat Party spokesperson Chavanond Intarakomalyasut said the party hadn't discussed this issue yet. If the party announced it now, it would disrupt the governor's duties, he said.

"Re-election bid comment was a joke: Sukhumbhand", The Nation, May 22, 2012

So, Sukhumbhand jumped the gun too early into the election race and now stands at odds with his own party yet again because he couldn't wait to be officially nominated by the Democrats, even if the opposition Pheu Thai Party has yet to reveal their candidate - rumored to be either MICT minister Anudith Nakornthap or Science and Technology Minister Plodprasop Suraswadi - (yes, the one with the premature evacuation order).

But how will we know then when he's running for real then...?

If you come across any verbosities that you think might fit in here send us a email at siamvoices [at] gmail.com or tweet us @siamvoices.

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

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Thailand: 2 years after the May 19 crackdown - some personal (and very short) thoughts

Originally published at Siam Voices on May 21, 2012 On Saturday, thousands of red shirts gathered at Ratchaprasong Intersection in Bangkok to commemorate the second anniversary of the violent crackdown against the anti-government protests on May 19, 2010 by the military. Ninety-one people have lost their lives and thousands were wounded in the clashes - protesters, soldiers, civilians and journalists (notably Fabio Polenghi) are among the casualties. In the past two years there has been hardly any justice and impunity still prevails.

There seems to be a growing discontent among some red shirts over the people they initially supported. Key issues such as lèse majesté have still seen no action from the government of Yingluck Shinawatra. Many see this as a promise from the government in exchange for a shaky détente with the military that allows it to stay in power. Yingluck's brother, the exiled former prime minister Thaksin Shinawatra, made his regular phone-in to his supporters on Saturday, asking the crowd to put aside calls for solving social inequalities and injustice for the sake (yet again) for national reconciliation - potentially alienating the progressive, pro-democracy wing of the red shirt movement.

In contrast to 2010 and 2011, I have decided not to write a long column on the state of the nation. However, I tweeted a few concise thoughts on Saturday that have gained some response and I thought they would be worth sharing here:

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

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Analysis: Is Thailand's military compromising for the sake of reconciliation?

Originally published at Siam Voices on May 18, 2012 The East Asia Forum recently published a column on the current political role of Thailand's military written by John Blaxland, Senior Fellow at the Strategic and Defence Studies Centre at the Australian National University with 30 years of service experience with the Australian Military and also a graduate of the Royal Thai Army Command and Staff College. In short: Dr. Blaxland has lots of military experience.

In the column, also republished in The Australian, he criticizes "the classic Western liberal tendency of painting complex situations in black-and-white terms" where the Thai military is being portrayed power-hungry, coup-happy force. Blaxland takes the 2006 military coup and its consequences as precedence for the Thai armed forces to be hesitant to stage another one, despite repeated cycles of rampant rumors.

Blaxland assumes that the military acted on their own in September 2006, although many heavily disagree with this notion. He also notes that the 2008 change of government was merely an act among political parties, not mentioning the fact that the Democrat-Bhum Jai Thai coalition was reportedly brokered in the residence of then-army chief General Anupong Paochinda and in presence of his successor and then-chief-of-staff General Prayuth Chan-ocha.

However, the key part of this column is this:

Some say that Prime Minister Yingluck Shinawatra has had little success in pushing for greater civilian control over the military since this time. But there has been some change, most notably through the appointment of a pro-Thaksin general as defence minister. In addition, the new army chief, General Prayuth Chan-o-Cha, has avoided overstepping constitutional boundaries and has been largely compliant — despite some bluster and a perception that he would be harsher than his predecessor, General Anupong.

There are now several possible scenarios for the future. It appears the military has arrived at a point of recognition — that they have to maintain stability, particularly until the royal succession is completed. That means they may have to compromise a little — and the military has publicly shown respect for the elected government. This respect has been reciprocated through placatory actions and statements by the Yingluck administration.

"Reconsidering the role of the military in Thailand", by John Blaxland, East Asia Forum, April 26, 2012

One problem with Blaxland's assessment on Thailand's military is that he views the armed forces as a monolithic organization, while in reality it has always been factionalized between different regiments and army prep school classes - key factors when it comes to the annual reshuffles and promotions. Rivalries between these are often a source for potential inner-circle conflict, as the issue with the so-called 'watermelon soldiers' during the 2010 red shirt protests have shown. Although there are now measures being undertaken to address this issue like wide-reaching surveys and supporting promotions of officers from other classes.

But there is one major omission (deliberately or not) by Blaxland on the role of the Thai military in the political landscape: the top priority of Thailand's armed forces is to serve and protect the monarchy (see above), which has been repeatedly emphasized under current army chief Prayuth more than ever, who sees Thaksin Shinawatra and his supporters as its biggest threat.

Even before the election victory of Yingluck Shinawatra's Pheu Thai Party there have been talks between Thaksin's camp, the military and representatives of the palace to broker a deal, which is now being widely regarded as a détente between the current government and the military:

Since then Yingluck Shinawatra, Mr. Thaksin’s younger sister, has governed. Under her premiership, an uneasy truce has taken hold, but crucial steps are needed before Thailand can arrive at a genuine reconciliation among competing political factions and the military after years of protracted tumult.

Under the current unspoken truce terms, the Yingluck government has gone out of its way not to challenge the army’s high command and to ensure the monarchy remains sacrosanct in Thailand’s hierarchical society. Challenges against the monarchy must be put down through draconian lese-majeste laws. In return, she gets to rule without the crippling street protests by colorful royalists as happened in the recent past and Mr. Thaksin has to remain in exile.

"Thitinan: From Truce to Reconciliation in Thailand", by Thitinan Pongsudhirak, Wall Street Journal, May 6, 2012

In short, the military will not intervene in the Yingluck administration and potentially also tolerate a return of Thaksin to Thailand, while the government will not try to upset the military officers by actions such as prosecuting those involved in the killings of red shirt protesters in 2010. Another key issue that will not be touched is the lèse majesté law, as Yingluck herself has repeatedly stated that her government will not amend the draconian Article 112. Even the recent death of 'Uncle SMS' in prison could not sway her, much to the dismay of her supporter base.

Blaxland also overestimates the appointment of Air Chief Marshal Sukumpol Suwannathat as the defense minister, despite his closeness to Thaksin, since there are laws that gives the military the upper hand, such as the Defence Ministry Administration Act (sic!):

Gen Prayuth is under the protection of the Defence Ministry Administration Act which has been in effect from the time Privy Councillor Gen Surayud Chulanont became prime minister after the 2006 coup. This law is specifically designed to block politicians from tampering with reshuffle decisions made by the armed forces.

The act does not give power to the defence minister in calling the shots in military appointments and promotions. Its Article 25 places leaves that task with the Defence Committee to make decisions on military reshuffles.

The panel comprises the defence minister, a deputy minister, the permanent secretary for defence, the supreme commander and the three armed forces chiefs army, air force and navy. At present there is no deputy defence minister, so the committee has only six members. At the committee's meetings, all officers to be reshuffled must have the signed approval of all panel members _ except the defence minister's; he must act as chairman of the meeting so that later, in his capacity as defence minister, he cannot make any changes to the list when it goes to the cabinet. According to the act, once the list is approved by the committee, it has to be left untouched.

"Tigers of the East secure a roaring hurrah", Bangkok Post, October 6, 2011

There are attempts at the moment to amend the Defence Ministry Administration Act by defense minister Sukampol - whether or not this will pass is an entirely different matter, let alone how the military will react on it. And in general, the current relative tranquility between the military and the civilian side is only because the lines have been clearly drawn and any overstepping of these boundaries of authority will be met with scorn.

This is a status quo that is being upheld as a necessary inconvenience (and in that regard Blaxland is right) between the two in order for a smooth royal succession - which does not mean however that all factions are not preparing quietly to be in the best position for the time after that. These are the shades of grey in the Thai political landscape that are not to be left in the pitch-black darkness.

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

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Thai national park head files lèse majesté complaint against NHRC

Originally published at Siam Voices on May 14, 2012 A long dispute between Thailand's National Human Rights Commission (NHRC) and Kaeng Krachan National Park over the forced eviction of ethnic Karen people has escalated into a lèse majesté complaint filed by the park's head Chaiwat Limlikhit-aksorn against NHRC commissioner Niran Phithakwatchara and NHRC subcommittee members.

Prachatai reports the complaint was filed on Friday at the local police station:

Niran and the NHRC subcommittee, in response to a complaint filed by local residents, had intervened in projects, implemented by the National Park, to cut down forest vines and grow plants to feed wild elephants and other wildlife in honour of the King.

The subcommittee had resolved to order the National Park to cancel the projects and review its plan to expand the park in preparation for declaring it a world heritage site and to allow the participation of local and indigenous people for the protection of their rights.

Chaiwat accused the NHRC members of, among others, supporting the destruction of forest reserves in the National Park and lèse majesté by ordering the project to be cancelled, thereby not respecting the King’s and Queen’s addresses to government officials to protect watershed areas and to prevent illegal logging in the province.

He claimed that over 400 rai of the forest area along the border in the National Park had already been destroyed, with damage worth over 400 million baht.

"Lèse majesté complaint lodged against NHRC members", Prachatai, May 13, 2012

This is just the latest in a series of incidents in Kaeng Krachan National Park, located in Petchaburi province near the Burma border, involving Karen people, an ethnic minority group who are not regarded as Thai citizens though some of them live in the park area. The park's head Chaiwat says they are illegal immigrants who encroach on the forest ground to grow marijuana. They have also been accused of links with the drug trade and the Karen National Liberation Army amid reports of repeated harassment by park officials, border police and military forces:

According to sources that have visited Kaeng Krachan National Park and collected information, the harassment of Karen villagers has been going on for some time and became severe in May, June and July 2011, when many of the villagers’ houses and rice stores were burned and money, jewellery, fishing and agricultural tools were stolen by a group comprising National Park wardens and military forces. As a result, some of these villagers moved away and are now staying with relatives elsewhere and a number of them (allegedly around 70 people) are hiding in the forest in fear of meeting government officers, and are without sufficient food and shelter.

"Karen People forcibly expelled from the Kaeng Krachan National Park in Thailand", Forest Peoples Programme, January 31, 2012

Karen representatives have called upon the NHRC to investigate the raids against them, bringing their case to wider public attention. They are also being supported by the Lawyers Council of Thailand, who were helping to launch a civic lawsuit and demand compensation for the damages done to the villagers. More about the plight of the Karen in Kaeng Krachang can be read here and here.

The park head Chaiwat Limlikhit-aksorn is no stranger to controversy. When pro-Karen activist and former Pheu Thai Party candidate Thatkamon Ob-om was assassinated in September 2011, Chaiwat was implicated to be the one behind it. As of today, after he turned himself to the police, he is out on bail. Nevertheless, despite the revelation of the raids against the Karens, he was able to win back public approval by spearheading the rescue operations after the three military helicopters crashed in the area.

As you can see, this lèse majesté complaint is just the tip of the ice berg in a case of continuous harassment against the ethnic Karen tribe, who are still regarded with suspicion and distrust and are being treated accordingly by the Thai authorities. On the surface, it appears to be the rights of the Karen people against the conservation of wild animals, in particular elephants. But the real reason for Chaiwat lodging a lèse majesté charge against the National Human Rights Commission (the irony in itself is overbearing) is to invoke his public loyalty to the monarchy to publicly defame those who are actually trying to find a lasting solution to the problem.

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

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“Uncle SMS” death inspires hypocrisy, indifference among politicians

Originally published at Siam Voices on May 12, 2012 The death of Ampon Tangnoppakul on Monday, known as "Ah Kong" (grandpa) or "Uncle SMS" and imprisoned under the lèse majesté law for allegedly sending inflammatory text messages against the monarchy, has sparked widespread outcry, condemnation and anger — domestic and international alike. However, one group of people that have been very silent on this matter were Thailand's politicians - and if there were any statements from both sides, then they showed the hypocrisy, double standard and sheer cowardice in order to maintain an unstable status quo concerning Article 112 of the Criminal Code.

Among the first to respond when questioned about Ampon's fate and the re-ignited discussion over the lèse majesté law, was Abhisit Vejjajiva of the opposition Democrat party, who said that the death of the 62-year old grandfather "must not be exploited for political gain." He continued:

He said the government was duty-bound to explain what happened to Ampon as he was in the custodial care of the Corrections Department under the supervision of the government.

"Reds told not to exploit Ampon's death", Bangkok Post, May 10, 2012

What Abhisit completely neglects to mention is that it was during his time as prime minister that Ampon was arrested and brought to trial. What he also fails to mention is that it was his own personal secretary Somkiat Klongwattanasak who received those messages and reported them to the police — a fact that Abhisit still denies to have noticed until today, as heard recently at a FCCT event. That almost overshadows that there were no mentions of condolences or anything similar expressed by him reported in the press.

Another public figure who did actually expressed his condolences was (slightly surprisingly) army chief General Prayuth Chan-ocha, but in the same breath also reminds the people of his idea(ls) of 'being a Thai':

"ประเด็นสำคัญคือ กองทัพเสียใจ ไม่ว่า ใครก็ตามก็ถือว่า เป็นคนไทย ขอให้ทุกคนสำนึกความเป็นคนไทยกันมากๆ ว่า ความเป็นคนไทยต้อง คือ ต้องเคารพกฎหมาย รักชาติ ศาสนา พระมหากษัตริย์"พล.อ.ประยุทธ์กล่าว

"The important thing is that we, the armed forces, are sorry. Whoever [he was], [he was] a Thai. I want everybody to be very aware of being a Thai. Being a Thai means to respect the law, to love the country, religion and the monarchy," said General Prayuth.

""ประยุทธ์"เตือน อย่าดึงปม"อากง"โยงสถาบัน เผยกองทัพเสียใจ ชี้ให้มองความเป็นจริง", Matichon, May 10, 2012

As the kingdom's top soldier, he sees his duty to serve and protect the monarchy from all threats against it, no matter how constructed and perceived they are. Ever since his inception, the army chief has been consistently showing loyalty to the royal institution and vowing to crack down on lèse majesté offenders - because everything else to him is apparently not Thai.

However, it was most anticipated what (if at all) prime minister Yingluck Shinawatra would say about the death of 'Uncle SMS' - it took her five days to say this:

Prime Minister Yingluck Shinawatra said yesterday she has no plans to amend Section 112 - the lese majeste law - despite an outcry over the death of a 62-year-old man jailed for the offence. (...)

"I want to reaffirm that my government's policy is to stay put," Ms Yingluck said in response to questions about possible reform of the law. I have already told groups who push for amendment that the government's urgent mission is to solve economic problems."

"PM adamant she will not reform lese majeste law", Bangkok Post, May 12, 2012

This is almost a carbon copy of her statement she did in July last year shortly after her party won the elections:

Question: “Do you have any plan to change the 112 law?”

Answer:  ”No, for me, I don’t have any idea to change the 112. I would not reform it, because it is not my policy and also this is an issue which is quite sensitive so we have to leave it to the people who have expertise to comment on that. I don’t want to see the misuse of this law regarding his majesty.”

"Will Yingluck amend Thailand’s lese majeste law?", Siam Voices, July 8, 2011

During the months following their election victory, it became clear that the new Yingluck government will NOT push for a reform of Article 112. Even worse, both the MICT minister and deputy prime minister Chalerm have vowed to crackdown even harder on alleged offenders, hinting to be part of a deal with the military not to touch this issue in exchange for a non-intervention against the government and potentially also not intervening against a potential return by Thaksin.

Nevertheless Yingluck's repeated refusal to touch the issue of lèse majesté is betraying a substantial part of her and the Pheu Thai Party's supporter base - many of which were hoping for a reform since they were the most targeted group under this law. Their loyalty has been put on the test before and a recent visit by Yingluck with Privy Council president Prem Tinsulanonda, regarded by many among her supporters as a nemesis, has divided opinions among the red shirts.

It appears that all sides have decided to maintain the status quo for the sake of stability. However, this stability of upholding Article 112 is not sustainable, as with each victim the opposition to this law will grow and could result in a backlash against the current government. The prisoners bear the brunt of a political battle, in which all sides could ultimately lose all their supporters.

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

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As the New York Times implies: Does Thailand expel journalists like China?

Originally published at Siam Voices on May 10, 2012 The New York Times/International Herald Tribune wrote a blog post on Wednesday that compares two recent developments in China and Thailand, while it may or may not (unintentionally) mislead readers in the first lines:

China’s expulsion of the correspondent for Al Jazeera — a move seen as reprehensible by supporters of press freedoms and the right of dissent — has parallels in other parts of Asia.

Three of the 10 most heavily censored countries in the world are in Asia — North Korea, Uzbekistan and Myanmar, according to the Committee to Protect Journalists. China and Vietnam also drew condemnation from the group, which said, “By exporting censorship techniques, China plays a particularly harmful role worldwide.”

"China’s Expulsion of Journalist Has Parallels in Thailand", International Herald Tribune, May 9, 2012

The article then makes quite a jump from talking about the correspondent's expulsion from China and dives down into the numerous Thai cases showcasing the steady decline of freedom of expression: the death of 'Uncle SMS' earlier this week, Chiranuch Premchaiporn's trial, Joe Gordon's imprisonment, thousands upon thousands of websites being blocked (even though the numbers differ) and lèse majesté in general - all cases that might be familiar to most readers of this blog.

The attention by the international media on Thailand's continuous oppression against those seeking to voice their opinion freely and the dire need for legal amendments has rightfully increased again recently with the death of Amphon 'Uncle SMS' Tangnoppakul - marking the first victim of the lèse majesté law to die during imprisonment - and so did this IHT blog post, which shows that the atrocities in Thailand can be compared to those in China.

However, leading in with the story of Al Jazeera's Melissa Chan and her expulsion from China and headlining to draw parallels to Thailand may or may not lead readers to believe that this post hints that Thailand is also dealing with its foreign correspondents the same cold and cynical way as the People's Republic.

If memory serves me right, despite its tendencies, Thailand has not officially to revoke a foreign journalist's visa yet in recent years. That does not mean, however, that the Kingdom has always been kind to them. In a way, there have been a few cases in recent years that have exposed various Thai authorities putting pressure, if not even downright intimidating, foreign reporters.

In 2002, two journalists from the Far Eastern Economic Review, Shawn Crispin and Rodney Tasker, got themselves into hot water after publishing an article about possible tensions between then-prime minister Thaksin Shinawatra (not the biggest fan of a critical press as well, especially if it's against him and his business ventures) and the King - which led to the issue being banned and...

Thai immigration authorities threatened to expel two foreign correspondents from the Hong Kong-based Far Eastern Economic Review (FEER) on the grounds that they endanger national security. Crispin, the magazine's bureau chief, and correspondent Tasker, who is also president of the Foreign Correspondents' Club of Thailand, received an official notice revoking their visas dated February 22, the same day that Thai-language newspapers carried stories saying that the police had placed the two reporters on a blacklist. The magazine's publisher, Philip Revzin, and editor-in-chief, Michael Vatikiotis, were also named in the blacklist circulated to Thai media outlets. (...)

Interior Minister Purachai Piemsomboon, who must formally sign any deportation order, told reporters that it was purely an immigration issue. "This matter has nothing to do with prime minister's personal anger over FEER," Purachai told The Associated Press. "Please do not speculate that the government has ordered the police to do such kind of thing."

"Attacks on the Press 2002: Thailand", Committee to Project Journalists

Their case was probably the closest in recent years to journalists being expelled from Thailand.

Another example highlights some intimidating measures Thai authorities have taken with foreign reporters. German journalist Florian Witulski wrote a detailed blog post on his ordeal to get a work permit and a journalist visa, where the officers have asked him some uncomfortable questions:

Surprise No 1: One of the first critical questions was what my view on the monarchy was. I was clearly asked if I had problems with the King or the monarchy in general.

Surprise No 2: They were very serious in asking me why I am focusing on human rights & censorship and why I didn’t want to cover politics in my home country of Germany instead of Thailand.

After these questions were asked there was a glimpse of clarity for me when they referred to a report from the MICT (Ministry of Information & Technology) about my blog being blocked two times before. I explained to them that I was not aware of writing anything offending in regards to the monarchy (lese majeste laws). I also never changed any content after publishing to appease them and bring the blog back, and yet it never stayed blocked for long.

A file with my name on it was opened and I could not believe my ears when I heard the quotes. The official was reading out selections from my blog posts & tweets (some of them over a year old). The content was mostly about critical issues within Thai culture, the monarchy or Thai politics.

"Thai Work Permit:Lese Majeste & Hidden Observers", Vaitor.com, July 17, 2011

To add injury to insult, the immigration officers have left him out hanging to dry for weeks and weeks until he finally got his permit and visa. Several colleagues have told me that this 'practice' is not an exception.

One correspondent that eventually got chased out of Thailand actually happened without the (apparent) help of any officials or authorities. Criticized for their 'biased' coverage of the anti-government red shirt protests of 2010, CNN and their correspondent Dan Rivers have been disproportionately witch-hunted by many angry Thai netizens, spearheaded by a fault-ridden open letter that got much, much traction - especially by the folks over at The Nation...! Eventually, Rivers left Thailand and CNN have abandoned their Bangkok bureau - which could have been a source for somewhat erroneous reporting in the following years.

To answer the question that has been raised earlier and that was mistakenly implied by the IHT title whether or not Thailand has expelled foreign journalists in the same fashion as they did with Melissa Chan in China: No! However, these numerous cases show that Thai authorities always have ways to put pressure on them, not realizing that such actions will only backfire and hurt Thailand's international image even more in the process.

UPDATE: I forgot to mention the case of the BBC's Jonathan Head, who has been hit with a lèse majesté complaint and moved to Turkey in 2009. Read more about his case here.

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

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Thai parliament quarrel escalates in 'Heil Hitler' salute

Originally published at Siam Voices on May 3, 2012  After last month's public misbehavior involving a Thai MP peeking on a pornographic image on his phone (we reported), another crass misdemeanor played out for everybody to see in the Thai parliament. This time, a heated debate escalated in one MP giving the Hitler salute and screaming "Heil Hitler" at the top of his lungs on the House floor. [See vid below from 3 min mark]

[youtube=http://www.youtube.com/watch?v=8kFnQ9uvsw4]

On May 2, in yet another preliminary parliament session debating the allocation of a 99-strong committee to draft amendments to the constitution, the opposition are objecting the role of the House speaker in this process, as they accuse him to have the power to pre-select 22 non-MP committee candidates (such as academics and NGOs) before the parliament decides on them.

Late into the night after 14 grueling hours, House speaker Somsak Kiartsuranont was about to wrap up the session, only to be interrupted by MP Boonyod Sukthinthai of the opposition Democrat Party:

ผู้สื่อข่าวรายงานว่า อย่างไรก็ตามก่อนที่จะมีการลงมตินั้นเกิดความวุ่นวายเล็กน้อย เมื่อนายบุญยอด สุขถิ่นไทย ส.ส.บัญชีรายชื่อ พรรคประชาธิปัตย์ได้ยกมือประท้วงว่านายสมศักดิ์ พยายามรวบรัด แต่นายสมศักดิ์ก็ไม่อนุญาตพร้อมตัดบทให้สมาชิกได้ลงมติ ทำให้นายบุญยอดตะโกนเสียงดังก้องห้องประชุมว่าจะขอประท้วงจนกว่าประธานจะได้ยิน พร้อมกับตะโกนว่า“ประธานเผด็จการ ไฮ ฮิตเลอร์”* ซึ่งนายสมศักดิ์ยังตัดบทเช่นเดิมว่าตนไม่ได้ยินพร้อมสั่งให้ลงคะแนน

Reports say that before parliament was about to decide [on a proposal], a little bit of chaos ensued when MP Boonyod Sukthinthai of the Democrat Party raised his hand to protest House speaker Somsak's hasty attempts to end [the session], but the latter refused to listen and proceeded to the voting, leading to Mr Boonyod yelling loudly that he will protest until the speaker will listen to him, as he then shouted "Heil Hitler, Mr Speaker of the dictatorship! Heil Hitler!"* - to which Mr Somsak still refuses to listen and requests the parliament to cast in their votes.

"สภาลงมติ337ต่อ50 ผ่านมาตรา291/6", Krungthep Turakij, May 2, 2012

As you can see clearly in the video above the shouting match started with the clearly annoyed Boonyod remarking that another five minutes to listen to his complaint won't hurt, since the session has been going on all day. Ignored by the speaker, the Democrat's tantrum ensues.

This arbitrary and erratic display of Godwin's law evidently shows the still volatile political climate that is being maintained, if not even increased by the parliamentary infighting over amendments to the constitution, to which the opposition fears potential abuse of power by the government (and most of all a carte blanche for Thaksin). Nevertheless, it also shows an unacceptable behavior by our elected representatives, who think that any rough measures for this political discourse is legitimate.

*NOTE: It should be noted that I was translating that part directly from the news article. However, in the video itself it could not be heard was said before the “Heil Hitlers”!

h/t to a reader

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

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