Thai cyber-police's warning to netizens abroad
Originally published at Siam Voices on February 22, 2011 2Bangkok.com has posted has a scan from a booklet provided by the Thai Ministry of Information and Communications Technology (MICT) explaining the following:
The page reads: "Michael: Does everyone know that the bill regulating computer crimes is subject to penalize the wrongdoer outside the Kingdom of Thailand as well? If there is anyone who starts a website outside the country to distribute information disgracing the monarchy, destroying the security of the juristic system or generating fear among Thai people, the wrongdoer will be persecuted by law and receive penalties inside the Kingdom of Thailand."
"MICT booklet explaining Thai internet laws: We can get you wherever you are on earth", 2Bangkok.com, February 22, 2011 (translation by 2Bangkok.com)
This snippet refers to a passage of the Computer Crimes Act of 2007, where...
Section 17 Any person committing an offence against this Act outside the Kingdom and;
(1) the offender is Thai and the government of the country where the offence has occurred or the injured party is required to be punished or;
(2) the offender is a non-citizen and the Thai government or Thai person who is an injured party or the injured party is required to be punished; shall be penalized within the Kingdom.
Computer Crimes Act 2007, unofficial translation by Prachatai.com
Essentially the MICT is now threatening to expand its crackdown on cyber-dissidents beyond the borders of the Kingdom after a move to clamp down domestically when several authorities joined hands last year with a strong emphasis on protecting the monarchy and controlling the political narrative against a perceived threat. This goes even so far that recently volunteer 'cyber scouts' are being recruited to monitor the web. Even though the blocking of by now over 113,000 websites has proven to be ineffective, the authorities are still keen to keep a very close eye on the flood of information and opinions.
via Thai Political Prisoners and New Mandala
British MPs voice concern over Thai webmaster trial
Originally published at Siam Voices on February 2, 2011 British MPs have signed a motion voicing their concern over the trials against embattled Prachatai webmaster Chiranuch Premchaiporn, who faces charges for violation of the Computer Crime Act and also lèse majesté. The Early Day Motion (EDM), proposed by Labour MP Tom Watson, warns that Chiranuch's case may threaten freedom of speech in Thailand and calls for the UK government to review it. The proposal was signed by 11 MPs from all three major parties. For more details on Chiranuch's case, see previous coverage here, here, here and here. Here's the notion in full:
That this House notes with concern the case of Chiranuch Premchaiporn, the Director of Thai news website Prachatai, who is on trial in Thailand under its Computer Crime Act for not removing third party comments criticising the monarchy from her website quickly enough and who, if convicted, faces a maximum sentence of 50 years in jail; believes that this action threatens Thailand's reputation for tolerance of free expression and risks creating a climate of fear; further notes with concern that this particular law has led to thousands of websites being blocked in Thailand; opposes web blocking and censorship; and calls on the government of Thailand to review the situation.
"Trial Of Chiranuch Premchaiporn", EDM number 198 in 2010-2011, proposed by Tom Watson on 10/06/2010
It has to be mentioned that the EDMs play generally a minor role with a low number of MPs signing them. Nevertheless this is, to this author's personal knowledge, the first public statement of Western politicians over this particular case and the general situation of freedom of speech in Thailand.
h/t to fellow Siam Voices writer Pokpong Lawansiri
Red Shirt to 'sue' Thai privy councilors over cable
Originally published at Siam Voices on January 12, 2011 Last week, VoiceTV* reported this:
Gen Prem Tinsulanonda, Anand Panyarachun and ACM Siddhi Savetsila were Thursday sued on lese majeste charges.
Gen Prem, the chief privy counsel and former prime minister, Mr Anand, a former prime minister, and ACM Siddhi, a former foreign minister, were altogether charged by Red Shirt movement for alleged lese majeste acts which might have possibly offended the Royal Household.
Red Shirt spokesman Worawut Wichaidit, who brought up the charges to Prime Minister Abhisit Vejjajiva at Government House, quoted cable messages circulated by WikiLeaks as saying the highly-placed trio had discussed varied topics with former United States ambassador to Thailand Eric G John a few years earlier.
"Prem, Anand, Siddhi Sued On Lese Majeste Charges", VoiceTV, January 6, 2011
The WikiLeaks cable, in which General Prem Tinsulanonda, the head of the privy council, Air Chief Marshall Siddhi Savetsila, also a member of the privy council, and former prime minister Anand Panyarachun were mentioned and their problematic implications were subject of a previous Siam Voices post by my fellow writer Andrew Spooner.
It has to be said first and foremost that the VoiceTV story is misleading and just simply wrong on so many levels (the main reason why I initially didn't write about this when it first came up). It gives the assumption that the three men have already been charged for lese majeste (let alone by the red shirts themselves), which is obviously not the case.
Normally, a lese majeste complaint would be filed at the police, which then would be checked by them and then decided whether to charge the suspect or not - as seen in the prominent cases of actor Pongpat Wachirabanjong (who was not charged) and Prachatai webmaster Chiranuch Premchiaporn (who was charged, twice!).
So what really happened? According to a short news item on Matichon, the red shirt representative has submitted a letter to Prime Minister Abhisit (hence why he showed up at Government House) notifying that the three men have committed lese majeste ("ยื่นหนังสือถึงนายอภิสิทธิ์ เวชชาชีวะ นายกรัฐมนตรี ให้ดำเนินคดีกับบุคคลที่เข้าข่ายกระทำความผิดต่อองค์รัชทายาท ประกอบด้วย พล.อ.เปรม ติณสูลานนท์ ประธานองคมนตรี พล.อ.อ.สิทธิ เศวตศิลา องคมนตรี และนายอานันท์ ปันยารชุน อดีตนายกรัฐมนตรี") because of the comments they made in the WikiLeaks cable.
That, of course, is a completely different story to the original VoiceTV story (btw, their video report in Thai is closer to the more accurate description) and also less dramatic. The chances are very low that this complaint will get anywhere, since any public discussion on these certain cables are virtually non-existent and the media coverage has been largely mum. But most possibly this was their intent to get more public attention and push the existence of these cables (and their contents) into the spotlight.
On Tuesday, The Nation's Pravit wrote an open letter voicing his displeasure on this matter. Key excerpts:
You must all be well aware that the lese majeste law is draconian and undemocratic. I know Prem is one of your arch-enemies, but first ask yourselves how crushing your enemies by using an undemocratic law would bring about a more democratic society? How then will you differ from the yellow-shirts who prefer a "good coup d' etat" as a panacea for all perceived political ills? (...)
There is no place for lese majeste law in a truly democratic society because citizens in a democracy should be able to express their "critical" views without fear of persecution. Your decision to use the lese majeste law to crush your enemies only makes Thailand more undemocratic.
I always feel that the reds are a bunch of people who cannot publicly and fearlessly express their political views regarding the ruling elite. So there is absolutely no need for them to instil more of this fear in others. It's tragic and ironic that the red shirts, long accused by their opponents of being anti-royalists are now resorting to using this archaic law against its opponents. (...)
Yours Truly,
A journalist who's often accused of being red and in bed with Thaksin.
"An open letter to the red shirts", by Pravit Rojanaphruk, The Nation, January 12, 2011
While it is debatable if the action of one (allegedly a spokesperson, nonetheless) can speak for the whole red shirt movement - which in itself appears to search for a common ground at the moment. But I agree with Pravit - it is a bad idea that can do more harm than good. The majority of red shirt movement want change in Thai politics and society, and I can imagine many of them want exactly the opposite of what one of them has done with his act.
*Honi soit qui mal y pense, just because this station is run by Thaksin's kids!
Become A Cyber-Scout, Clean Up Thailand's Internet!
Originally published at Siam Voices on December 17, 2010 In an everlasting attempt to uphold its image as a fierce defender of the royal institution and thus effectively controlling a national narrative the Thai government now sets its aims into the online world. The ministry of justice, where the Democrat party is in charge, has set up a so-called ‘Cyber Scout’ training programme for next week December 20-21 at Kasetsart University. On their website, the organizers laid out following goals (translated by me):
Objectives of the project
1. To create a Cyber Scout volunteer network [...] that observes [...] [online] behavior that is deemed a threat to national security and to defend and protect the royal institution.
2. To collect the work of the Cyber Scout volunteers.
3. To set up a network of Cyber Scout volunteers to contact.
4. To promote the moral and ethics with the help of the volunteers, to ensure the correct behavior, build reconciliation and awareness towards the use of information with regard to morality and safety of individuals in society.
5. To promote and support to various sectors of society to careful and responsible usage of information technology.
6. To create a society of sharing and knowledge about security and decency of society.
The seminar is open to every volunteer, but specifically targets students and generally young people. But, in story by The Nation in July, ICT Minister Chuti Krairiksh said that initially 200 people will be recruited (!) "from around the country, including students, teachers, government officials and the private sector, who have computers and Internet literacy" - that pretty much covers nearly all walks of lives!
Let's look at some highlights on the schedule and what you can learn at this seminar:
Monday, 20 December 2010
10.00h to 11.45h : "Joint group to defend and protect the royal institution" by Boworn Yasintorn [president of the Network of Volunteer Citizens to Protect the Monarchy on Facebook] (program points: "The monarchy in Thai politics" and "Defending the institution")
11.00h to 12.00h : "Computer usage ethics" by Asst Prof Dr Nuanwan Sunthornphisat (program points: "Computer-related laws" and "Case studies of actions that are considered unethical acts")
13.00h to 14.30h : "Thailand's monarchy" by Asst Prof Patcharaporn Suwannakut (programs points: "His Majesty the King's talent in various fields" and "Royal duties and important royal projects")
14.45h to 16.30h : "How to correctly use the computer and the internet" by Dr Pakaket Wattuya
On Tuesday you get the light version of the seminar with three of the speeches listed above.
My take: It's easy for us to get all Orwellian over this project and it's probably easy for them to dispel such concerns as a simple overreaction, since PM Abhisit highlighted the project has only the best intentions to "also help bridge the digital divide between people who have and those who do not have a chance to access the internet" and that this project would also be in line with "the government's promotion of a knowledge-based society." (Source)
But it is quite clear that a general trend of over-emphasizing the loyalty by all means and the sudden urge to protect the royal institution against a perceived, invisible threat. And since the internet is a quite anonymous place, it's an even more frightening threat. Thus these mental and cultural barricades are built with the recruited man-power and the social dogma of loyalty - both off- and online. The term 'Cyber Scout' reflects some historical parallels to the 'Village Scouts' of the 1970s, which were set up for almost the same reasons in order to battle a perceived communist threat.
The results of this over-protective mood can already be seen by simple numbers: at least 113,000 websites have been blocked so far, most of them for lèse majesté and by the looks of it, this number will continue to grow. It has yet to be seen though, how successful and effective the seminar will be and whether a network of volunteers will help the government to reach its goals. Nevertheless the government will try to push it's national narrative.
Generally speaking, using the internet is like teaching someone to ride a bicycle - you can try to tell what the person has and can do, what obstacles and dangers he or she has to avoid, but ultimate the rider is on his or her own out there. You can either stick to the known paths or branch out and discover more new things, which isn't necessarily a good thing. But to in order to build a knowledge-based society, which the government eventually wants to have, you have to allow the freedom to collect the knowledge by yourself and not being shoved into the throat.
P.S.: You might think that such a government-sponsored event would a more professional looking email-address than justice_cyber@hotmail.com? Just sayin'...!
Thailand Court Scandal Video Blocked on YouTube
Originally published at Siam Voices on November 12, 2010 The scandal at Thailand's Constitution Court revolving the leaked clips has taken a more absurd turn. After the latest clip has been uploaded to YouTube, this very clip has been blocked by the Thai authorities. But why? Matichon reported on Thursday that they have been hit with a criminal complaint by the judges for publishing the names of the of the judges shown in the video.
The article also mentions that the judges have agreed to prosecute the uploader of the videos, especially concerning the latest video, that allegedly hints at nepotism in hiring the judges' personal staff, on the base of articles 198, 326, 328 of the criminal law - all concerning defamation - but also article 112, the article for lese majeste! According to the court's secretary, the content of the latest clip is deemed lese majeste.
It seems that this was the reason that the clip was blocked in Thailand. So, where in the clip was something that could be labeled as lese majeste?
Thai Police Chief Also Vows to 'Personally' Crack Down on Anti-Monarchy, Rotten 'Tomatoes'
Originally published at Siam Voices on November 2, 2010 After the commander-in-chief of the Thai army Gen. Prayuth Chan-ocha insisted over and over again that his top priority task is to protect the monarchy, national police chief Wichean Potephosree didn't want to be outdone and has announced this:
The police chief warned that those trying to challenge and abuse the monarchy would face the full wrath of the police force. He also said he took the issue seriously on a personal level. "With 25 years in service at the Office of the Royal Court Security Police, I am seriously concerned about this issue," he told the Bangkok Post.
He said all police officers were duty-bound to arrest anybody who tried to bring down the monarchy and to protect the royal institution.
"Wichean Takes It Personally", Bangkok Post, November 1, 2010
To underline his determination, he also promises this:
Other projects he has promised to implement in the next six months are to "clean up the house", foster unity in the force and improve services at police stations.
Police were criticised during the anti-government rally led by the United Front for Democracy against Dictatorship from March to mid-May. Many described them as complacent, of ignoring orders to put an end to the protest and even of sympathising with the demonstrators.
Pol Gen Wichean admitted the existence of "tomato" police, a term used to describe red shirt sympathisers within the force. "But I strongly believe that police officers who do not take sides can survive," he said.
"Wichean Takes It Personally", Bangkok Post, November 1, 2010
While Prayuth takes care of the so-called 'watermelon soldiers', Wichean makes sure that his rotten 'tomatoes' in the police force are being sorted out. With the these clear statements, both chiefs are preparing to set their forces align with the political stand of the current government and even if there'll be a new one eventually, the forces will fight to keep this stand alive.
Thai Army Chief Announces Crackdown On Lese-Majeste Offenders, Tells Them Not to Whine
Originally published at Siam Voices on October 26, 2010 From today's The Nation:
Army chief General Prayuth Chan-ocha warned yesterday that there would be a series of arrests under the lese majeste law, and those arrested shouldn't "whine" because they "should know better".
"Every time there is a gathering [of the red shirts], there are posters and graffiti [against the monarchy]. Let me inform you that we now have evidence and are in the process of making arrests. Do not whine, because we have warned you many times and you are not supposed to do that. If you did it because you didn't know better, then please go ask your parents. If your parents don't know then go ask those who are above them. From our grandparents' generation down to the present, we have been looked after by the monarchy, no matter which king. (...)
"Let me ask, how old are you? I saw that many of you are quite young," he said, referring to those who allegedly wrote the anti-monarchist messages in public areas. "Are you aware of what you are doing? You ought to reflect upon yourselves and your parents if they have benefited from the King's grace or not. If not, then there have been many others who have benefited... Those who have committed these wrongs should be punished. We have [evidence] in websites, posters and graffiti. We have all the pictures and we must see when they will be persecuted."
"Army chief warns of arrests over lese majeste", The Nation, October 26, 2010
General Prayuth partly refers to the anti-monarchy graffiti that were written during the red shirts protests from September 19 of this year. Many of them were written on a large billboard at the construction site of the heavily destroyed Central World shopping mall, displaying in large font the slogans "Everything will be alright".
This announcement also is another evidence for an increasing outspokenness and political activity of the commander-in-chief since he was promoted at the beginning of this month. Unlike his predecessor General Anupong Paochinda, who hesitated to make broad public political announcements, General Prayuth has been very keen to point out that the task to protect the monarchy is paramount and "to [get] rid of some individuals who violate the institution" - which is clearly evident by today's announcement.
Paul L. Quaglia undermines this in a recent story in the Wall Street Journal. Key excerpt:
In the short term, the military's influence on civilian governance could be positive and stabilizing. Prime Minister Abhisit has so far proven a lame-duck leader. (...) This governance vacuum worries many Thais, who see an unstable global economic recovery and a strengthening baht. Political instability is also a concern, given that red-shirt demonstrations in Bangkok have restarted, and former Prime Minister Thaksin Shinawatra has announced that he will manage the opposition Puea Thai Party's campaign in the next election.
That makes General Prayuth's recent statement that he would not hesitate to use force to "protect the monarchy" or "to ensure order" more than just a statement of military intent. For many Thais, "order" is what they are longing for. (...)
That may be the kind of leadership that General Prayuth aims to provide, although his personal political views are unclear. He has not discussed elections or the government's plans for political "reconciliation" with disaffected pro-democracy supporters. But if Thai history teaches one thing, it's that Thais should be wary of anyone who promises to restore order. Democratic reform, governance transparency and public accountability could be the casualties.
"The Thai Army Stands Up", by Paul L. Quaglia, Wall Street Journal, October 17, 2010
Also, in a separate announcement on Monday regarding the upcoming visit by UN secretary-general Ban-Ki Moon, General Prayuth has warned not to hold any political gatherings since there's (still) a state of emergency in the capital, urging would-be offenders to think about the country's image - an clear image that the commander-in-chief may have in mind, but cannot possibly except from everybody to agree with him.
What To Do With Anti-Monarchy Graffiti?
Originally published at Siam Voices on October 7, 2010. Thailand's draconian lèse majesté laws have been subject of many debates and not since the most recent arrest of Prachatai webmaster Chiranuch Premchaiporn (previously reported here and here) were the flaws of this laws exposed clearly.
Since her arrest was prompted by someone filing a complaint at the local police for comments on the website (and the alleged failure to remove them in time), I came across this interesting story on Political Prisoners in Thailand (PPT)...
MeechaiThailand.com, owned by Meechai Ruchupan, former President of the Senate, veteran government legal advisor, and former President of the Council of the State, answers a law-related question on lèse majesté from Kraiwan Kasemsin.
The question is “I used a toilet in this gas station and found this writing that insults the Monarchy. I would like to know if the owner could be charged for letting that happen. How can I file a complaint against the owner or request them to remove the writing? What if the owner does nothing and lets the writing remain? How can the owner be charged?”
Meechai answers: “If the owner acknowledged the complaint and did not remove the writing then they might be guilty. Whoever finds this kind of thing should tell the owner to remove it, or report it to the police.”
Kraiwan Kasemsin is chairman of the Taxi Club in Mor Chit and Don Muang. He was a friend of Chupong Teetuan of Norporchor USA. Kraiwan recently moved to host a pro-monarchy radio programme under Newin Chidchob’s direction.
"Anti-monarchy graffiti", by Political Prisoners in Thailand, September 30, 2010
The original story appeared in Matichon (in Thai).
So, comparing this to the Prachatai case we see some similarities, even though the platform is very, uh, analogue. The asker wants to know if the owner of the platform (in this case admittedly in an abstract way it is the owner of the petrol station) can be sued if he does not remove the anti-monarchy statements fast enough, whether he knows about it or not. The answer is a bit unclear, does it say you could report it to the police right away without acknowledging the owner?
The reasoning is the same as seen in the Prachatai case. No matter who wrote the message, the owner of the platform apparently can be charged. Here's is the reasoning of the Prachatai case for comparism:
After considering that comments related to the interview of Chotisak Onsoong, who refused to stand for the royal anthem in a theater, [...] deemed lese majeste, Sunimit Jirasuk, a Khon Kaen businessman, went to the police station and filed charges against Chiranuch [...] for publicizing and persuading others to approve, praise and imitate Chotisak’s ‘disloyal’ act, Manager Online reports. (...)
“Most of the comments approve Chotisak’s act, indicating that they want to overthrow the monarchy. It is believable that letting people freely express their opinions regarding the issue on the Internet indicates that [the webmasters] want to be the center of the people who want to undermine the throne. Therefore, both webmasters should be charged,” Manager online reported Sunimit’s remark. (...)
"Analysis On Chiranuch Latest Charges And Arrest", Thai Netizen Network, October 2, 2010
Nevertheless that doesn't hide that fact that anti-royal resentments do exist in Thailand and are also on display. During the recent protests by the red shirts on September 19 it was reported that there were anti-monarchy writings as well.
The one thing conspicuously missing from media coverage was the angry messages emblazoned on the corrugated iron wall outside CentralWorld, which is being rebuilt after the red shirts allegedly burned it down in the aftermath of the crackdown.
Until late Sunday afternoon, the walls were plastered with colourful feel-good propaganda calling for national unity, which were later replaced by angry messages aimed squarely at the established old elite saying things that cannot be reproduced here or anywhere else without the risk of violating the lese majeste law.
At about 7pm that Sunday evening, a number of red shirts stood in front of the wall airing their anger and political grievances. The very next day, these messages were removed and life went on as if they were never there to begin with.
"It may be time to take off the blindfold", The Nation, September 23, 2010
Could the owner of the wall, on which the writings were, be charged as well if he didn't remove them in time? If the two previous and a number of other non-LM cases have taught us anything, then it is also allowed to shoot the messenger.
After The Arrest of Prachatai Webmaster Chiranuch Premchiaporn: Observations and Analysis
Originally published at Siam Voices on October 4, 2010 Two weeks ago, the webmaster of the Thai news site Prachatai Chiranuch Premchiaporn was arrested after she arrived in Bangkok from a conference on online free expression in Hungary (as previously reported). Chiranuch was charged for violating the Computer Crimes Act regarding reader comments on the website deemed offensive to the monarchy. The complaint was filed by a man in Khon Kaen. Chiranuch was released on bail on the same night. She was previously arrested and in court last year for the same charges that could put her in jail for 50 years.
There was a considerable amount of outcry by international human rights groups, press advocacy groups and even prime minister Abhisit was reportedly concerned by the case, although one could suggest that he more feared the damage to an already ruined international reputation of the country (see Bangkok Pundit for details). Chiranuch's arrest has set off some discussions about her case and the state of freedom of expression in Thailand.
First, in an interview with Pravit Rojanaphruk of The Nation, Chiranuch told she was shocked upon her arrest at the airport and voiced doubts about her case(s). Also, she talked about the ramifications of her most recent arrest:
[Pravit] What will you do next?
[Chiranuch] We'll have to see if the Office of the Attorney-General will forward the cases to court or not. My first [case for violating computer crime law] is already taking years. After getting bail, I have to travel to Khon Kaen once a month and it's a burden.
P: How has this affected your life?
C: I have doubts about the judicial process. In this case, if someone wants to hurt you, the person can lodge a police complaint in a far-flung province and the suspect has to travel far. This incurs real expenses.
P: Do you know the person who has pressed charges against you?
C: No, I have never met this person, though I have learned that he's a real-estate businessman based in Khon Kaen.
"Facing charges two years later in another province", Pravit Rojanaphruk, The Nation, September 30, 2010
The last sentence highlights one of the main problems of the lèse majesté law, since virtually every person can file such a complaint at the police and the police would have to go after every case. How ridiculous these procedures can go, was shown recently in the case of actor Pongpat Wachirabanjong, who despite or because of the widely-applauded speech praising the king got slapped with a lèse majesté complaint as well - in his case though, it was thrown out in lightning speed.
The Thai Netizen Network has analyzed the case and got revealed more details:
After considering that comments related to the interview of Chotisak Onsoong, who refused to stand for the royal anthem in a theater, on Prachatai, which attracted more than 200 comments within the first week of published, and Sameskyboard.com on April 28, 2008 deemed lese majeste, Sunimit Jirasuk, a Khon Kaen businessman, went to the police station and filed charges against Chiranuch and Samesky webmaster Thanapol Eawsakul for publicizing and persuading others to approve, praise and imitate Chotisak’s ‘disloyal’ act, Manager Online reports. (...)
“Most of the comments approve Chotisak’s act, indicating that they want to overthrow the monarchy. It is believable that letting people freely express their opinions regarding the issue on the Internet indicates that [the webmasters] want to be the center of the people who want to undermine the throne. Therefore, both webmasters should be charged,” Manager online reported Sunimit’s remark. (...)
Chiranuch, who has travelled abroad four times since the court issued the warrant, said she has never seen an arrest warrant or a summon letter before and never had trouble passing through the immigration counter at the airport. This is similar to Thanapol from Sameskybooks.org who is reportedly facing the same charges. Thanapol said he has gone abroad once after the arrest warrants was supposedly made, but never had problem passing through the immigration police counter and had never seen any legal document from Khon Kaen police. (...)
A reliable anonymous source said the Ministry of Information and Communication Technology and a police department specifically dealing with cyber crime did not acknowledge and did not order the arrest. The source further observed that the arrest followed police reshuffle in August.
"Analysis On Chiranuch Latest Charges And Arrest", Thai Netizen Network, October 2, 2010
The aforementioned businessman from Khon Kaen has also filed against Chotisak himself and was quoted that he "could not accept that Chotisak and friends claimed to be Thai" (Bangkok Pundit has more).
Also, as pointed out in the article, the timing of the arrest is bears an ironic coincidence since Abhisit was out of the country and in a speech said this:
He also defended himself against accusations of damaging media freedoms, saying that only outlets which "incite violence" had been closed. "I'm not sure whether you'd allow any special station for Al-Qaeda here," he told his mostly American audience.
"Thailand could hold early 2011 elections: PM", AFP, September 25, 2010
The Bangkok Post points out in a very critical story about the ongoing repression against freedom of expression and the media. Key excerpt:
There are many problems with the massive media crackdown by the Abhisit government. The most obvious is the continual use of the Computer Crime Act to intimidate and silence websites, blogs, videos and other forms of legitimate media. The thousands of times this law has been invoked is telling. It means that authorities either cannot or will not bring normal legal charges. It is enormously discriminatory. If an article, a photo or a video appears in a newspaper or on a TV station it is legal; but because it is on the internet, it is not. (...)
Ms Chiranuch has been the personification of an unseemly, unnecessary and eventually self-defeating government policy. The current government of Mr Abhisit did not start the persecution but it has pursued it more aggressively than its predecessors. They have brought in the military in the form of the Centre for the Resolution of the Emergency Situation (CRES). (...) It is clear to all observers that the government considers Prachatai a media enemy, and has used strong-arm tactics against it.
"Persecution of the media", Bangkok Post, September 28, 2010
While radio and TV stations (and to a certain extend the print media) can be monitored and easily controlled, the internet is from the viewpoint of the authorities a frustratingly, uncontrollable, wild stream of diverse opinions and footage, no matter their validity, authenticity or truth.
Webmaster of Thai News Site 'Prachatai' Arrested Again UPDATED
Originally published at Siam Voices on September 24, 2010
Thai police detained the manager of a popular news website Friday as she returned from an Internet freedom conference in Europe on charges of insulting the monarchy and violating the Computer Crime Act.Chiranuch Premchaiporn, webmaster of Prachatai, said she was stopped at an immigration checkpoint at Bangkok's international airport and shown an arrest warrant issued by police in the northeastern province of Khon Kaen. She had just attended a conference in Hungary dealing with online free expression.
"Webmaster of popular Thai news website arrested on return from Internet freedom conference", by Thanyarat Doksone, Associated Press, September 24, 2010
As pointed out in the article, the fact Chiranuch was arrested after she attended the "Internet at Liberty 2010: The promise and peril of online free expression" in Budapest bears a bitter irony.
Prachatai itself has more details on the arrest.
The charges against Chiranuch were made by the Superintendent of Khon Kaen Police who alleged that she, as website administrator, and website users violated Sections 14 and 15 of the 2007 Computer Crimes Act and Section 112 of the Criminal Code (lèse majesté) for offensive comments made on the website on 27 April 2009.
She is now being transferred by car to Khon Kaen Police Station. Prachatai staff, friends and a lawyer are on the way to the province to bail her out. Chiranuch said that she had never received any previous summons from the police.
Two weeks ago, on her departure to Europe for the conference Chiranuch was interrogated by immigration police who claimed that her name was the double of someone in Khon Kaen. On her arrival today, she was detained for the same reason, before being informed about the arrest warrant issued by Khon Kaen Provincial Court.
"Update on Chiranuch’s arrest #1", Prachatai, September 24, 2010
The AP story above further states that the complaint was filed by "a Khon Kaen man [...] in early 2009 over some messages posted on Prachatai." Furthermore (and even worse), Police has said that there was no previous summon as it was "not necessary in this case because the offence carries a severe penalty," clearly indicating it is a lèse majesté case. (Source)
Chiranuch has already been arrested in 2009 on a similar charge. The website Prachatai has been repeatedly targeted by the authorities in the past and been numerous times blocked, forcing the site to change URLs.
UPDATE
Finally, I'm free by bail out. Thanks for all support.
Tweet by @jiew (Chiranuch Premchaiporn) at 19:01:36 h on September 25, 2010
Pongpat's Acceptance Speech - A Lèse Majesté Case?
Note: This article was originally published on July 31, 2010 in a series of guest blogger posts for Bangkok Pundit at AsianCorrespondent.
On May 16, when the street battles between the soldiers and the anti-government protestors were bringing large parts of Bangkok to a grinding halt for days already, elsewhere life went on as nothing has happened as for example the Nataraj Awards, the national television and radio awards, took place that evening.
The most notable moment during the award ceremony was the acceptance speech of actor Pongpat Wachirabanjong for best supporting actor. Here's the video with English subtitles.
[youtube=http://www.youtube.com/v/6xYfbUIGqW4&w=600&h=360]
The speech has, as evidently seen in the video, touched many Thais and hit a nerve among a certain people. It was forwarded via email, Twitter and heralded as the 'best speech ever' or 'or true patriotic act of loyalty'.
Last week, the very same actor has been hit with a legal charge for lèse majesté...
Actor Pongpat Wachirabanjong will be summoned to hear his lese majeste charges on July 29, and if he fails to show up after two summons have been issued, police will seek an arrest warrant for the man, Deputy Bangkok Police Chief Pol MajGeneral Amnuay Nimmano said yesterday.
The police are also planning to invite witnesses, lawyers and Thai language experts to listen to the actor's acceptance speech at this year's Nataraj Awards as part of the investigation. Amnuay said the case should be concluded within a month.
Despite media and social networks describing Pongpat's speech as a moving declaration of his love for His Majesty, singer Phumpat Wongyachavalit filed a lese majeste complaint against the actor on June 23, accusing him of using inappropriate words.
"Pongpat summoned to hear charges", The Nation, July 22, 2010
Police Wednesday summoned Pongpat to surrender to face lese majesty charge after a singer filed complaint with police, alleging Pongpat had insulted His Majesty the King by simply calling His Majesty as "father".
"PM says police should consult special advisory panel on Pongpat's case", The Nation, July 22, 2010
This is certainly a very odd case, since the use of the word "father" (or more correctly "Father") in connection to HM the King is widely used in Thai language.
Even the prime minister got involved in this case and has suggested that the police should contact a recently set-up advisory board that deals with these kind of cases. The result came back very quick and the case against Pongpat has now been (unsurprisingly) dropped.
Nevertheless this whole strange act again shows the discrepancies of the authorities dealing with lèse majesté cases. (I'm NOT discussing the law itself!) One can be amazed by the speed the police has dealt with this charge - from filing until the dismissal it took only just more than a month. Also, no efforts have been wasted, language experts have been invited by the police to determine whether the use of word in this context was illegal or not. There are other more obvious cases that are still lingering in legal limbo.
The other point is Pongpat's speech itself. The key phrase "If you hate our Father, if you don't love our Father anymore, then you should get out of here!", which was followed by the audience cheering and applauding enthusiastically, sets a worrying subtext of "if you're not for us, you're against us" - and even more scarier was the reaction by the crowd.