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Friday, May 07, 2010
Hate speech, free speech, and lese majeste law
Throughout the current political crisis the mainstream mass media has been under fire for playing along with state demonisation of the red shirts, which fans up hatred instead of fostering understanding for peace moves.
Indeed, the media must seriously rethink its role in times of conflict. But in a complex political situation, with many political actors and factors at play, isn't it simplistic to single out the mass media for blame?
True, the mainstream print and electronic media could have done much better to give the big picture of the problem through analyses and investigative reports, instead of reporting only the surface of daily phenomena and getting lost in sensationalism.
True, the mass media have largely lost touch with the rapid social and political changes as well as the needs of people on the streets.
The readers expect journalists to know what is going on, to offer a balanced view and to predict the possible turn of events. But mostly we cannot because we know only fragments of the whole picture. Also, the newsrooms are not free from the political divide. It is not unusual that in the same newspaper some writers are "red" and others are pro-government, making the general readers confused as to what the "truth" really is.
Which is better? The readers looking for truth and listening to both sides of the story in the same paper? Or each opposing side consuming only the media of their political leanings and unquestioningly accepting everything the movement's leaders say as the truth?
Have you ever listened to these so-called "alternative" political media's routine rhetoric of demonisation to incite hatred, public mayhem and violence?
"What has happened that makes us hate one another so intensely just because of different political views?" You must have heard this question countless times.
Who should we blame this on? The mainstream media? The readily available mass communications technologies - from satellite and cable TV to community radios and the borderless internet - which have been abused as political propaganda tools? The lack of regulations governing hate speech? Our human weakness to selectively listen to only what agrees with our beliefs? If anything, the most lethal is our social immaturity - the lack of tolerance and the tendency to react violently to perceived threats.
This is where the need to balance public reverence for the monarchy and the freedom of expression comes in.
Apart from being the mouthpiece of Thaksin Shinawatra and their gangster-style rally, one of the reasons the reds' social injustice message got lost with many Thais is their attacks on the royal institution. The anti-reds' anger is not only focused on the many accusations, but also on how some red speakers and publications spiced their allegations with insult, ridicule and vulgarity.
When hearsay, half-truths and lies are used to demonise, arouse hatred and violate what others hold as sacred, this practice cannot be excused as free speech. It is hate speech.
Amid our deeply divisive politics, any form of hate speech should not be tolerated. Nor the use of royalism as a political tool to destroy rivals and the violent reactions to perceived violations.
In our internet age, however, the mass media is no longer limited to organisations. Every person is now the medium when sharing information online and a potential hate-monger when he or she forwards hate-mail or encourages a witch-hunt, which is now rife in social media networks.
Since PM Abhisit Vejjajiva's peace road map includes the protection of the monarchy and media sensibility, it is wise to recognise that in a fragmented society governed by different loyalties, hate speech is an assault on peace, and the present form of lese majeste laws prevents rational discussion on the royal institution, allowing easy abuse while pushing dissent underground.
Hate speech in all forms and media channels must not be allowed. The rules for rational discussion on the royal institution must be drawn, to strike a balance between respect for cultural sensitivity, public sensibility and freedom of expression. This is a crucial issue which must not be dodged if we aim for peace and long-term protection of the revered institution.
Why do you pretent to be a modest voice, while at the same time conducting a witch hunt against innocent people. Shame on you.
You have proven that you are intelligent enough to know what the NEWS is. Now, you have to ignore the vocal minority, that do not truly represent the people involved. And present the information without disrespecting the Royals, the Thai Kingdom, or the lese majeste laws.
IMO - If you can not separate your personnel feelings from your reporting. Maybe you need to look for employment elsewhere or just admit to your readers that you are only reporting BIASED news. Like the BBC has done and almost all of the US media.
When Mr Nirmal of Straits Times making report of the facts of Thailand polity, Mr/Ms X would fire him in his blog! Had you known Mr Nirmal is simply do his duty. He was born in India !
Why Mr/Ms X is so particular of Singapore? Why hate Singapore media?
Maybe if the mainstream media wasn't so pro-government and acted as the government's mouthpiece, there would be less a sense of urgency on the side of the red shirts. The problem is the mainstream media who have worked to push the opposition into a corner.
Those who knowingly break the law must be prosecuted PERIOD.
As far as, the news media is concerned, they report, what happened, when & where it happened. Other than that, they report and we, the people, decide PERIOD.
Editorial & analysis is where things get cooked, twisted & turned, or spun. I suppose that the news media outlet that give fair & balanced news will attract the most viewers, versus ones that are predictably one-sided.
No one media outlet is perfect, therefore, viewers must exercise caution and discernment, as well as, receiving news from multiple sources, pretty basic stuffs.
I am more concerned about the most recent drive-by shooting at Silom where people were shot at while exercising their right to free speech, killing one policeman and injured many more.
Words don't kill but bullets and M-79s do kill! Again everything ends with the Rules of Law, and without it, everything else remains just academic, as illustrated by the latest deadly drive-by shooting at Silom.
Will you dare to say anything in public, even though it's legal, but can get you killed? That's where we at, sadly though.
I can't stress enough about maintaining the Rules of Law, and without it, no freedom of any kind is possible, including the freedom to live without fear of getting hit by one of those M-79s.
The 2007 Constitution of Thailand, and all 17 versions since 1932, contain the clause, "The King shall be enthroned in a position of revered worship and shall not be violated. No person shall expose the King to any sort of accusation or action." Thai Criminal Code elaborates in Article 112: "Whoever defames, insults or threatens the King, Queen, the Heir-apparent or the Regent, shall be punished with imprisonment of three to 15 years." Missing from the Code, however, is a definition of what actions constitute "defamation" or "insult"
The laws were toughened under the Premier Tanin Kraivixien, such that criticism of any member of the royal family, the royal development projects, the royal institution, the Chakri Dynasty, or any previous Thai King was also banned.Bhumibol himself stated that he was not above criticism in his 2005 birthday speech. "Actually, I must also be criticised. I am not afraid if the criticism concerns what I do wrong, because then I know. Because if you say the king cannot be criticized, it means that the king is not human", he said. "If the king can do no wrong, it is akin to looking down upon him because the king is not being treated as a human being. But the king can do wrong.
I think most people agree the present king should be protected but there are other laws in place to protect others such as the dead. The law is too vague and the king should be the only person allowed to file the charge (or a lawyer acting DIRECTLY for him).
The interesting point here is that lese majeste can also be used by the STATE!
I am not a fan of the Reds nor I support their cause. But I respect them for what they believe in. And I despise you for bashing them using a respected newspaper.
Perhaps you should think twice on preaching about freedom of speech. Your version of "freedom" in Thailand is one-sided. For a pro-government and pro-monarchy person like you, then you have freedom. If you are in the opposition, you certainly are not free. FYI, Thailand is one of the worst countries in the world in terms of practice of free press.
Get your points clear, honest and straightforward. That's the only way for a media person like you to gain credibility.
I am not trying to make excuses for the actions and maybe non actions of certain bodies but this is no quick fix.
There are still today in this hitech world huge numbers of elderly Thais who genuinely believe that the king is not a mere mortal but a
demi god,so how does one start?
Anyone can point fingers but who has the
real answers?
As for Thaksin and the red shirt marriage, I think the red shirts have now divorced Thaksin,they seem to have their own agenda now.
Peace to Thailand.
It refers to freedom of the press but abuses the responsibility that goes with such freedom. I hear many times about "rights" but not too much about "responsibilities"
It refers to les majeste which while conceived in a time that commonly ascribed to "the divine right " of kings is now being used as a sinister tool of corrupt governments and officials rather than to honour His Majesty.
More the pity that such a Great King has to be pulled down by the very law that was meant to protect him.
It ignores entirely the problems in Thailand and trivialises them by referring to gangsters etc.
Thailand is not a democracy (one vote one person & the majority rules). Thailand is not a free country (the people hide in fear from the corruption of the authorities). Thailand is not just (equal before the law simply does not apply). Thailand is not subject to the rule of law (the rich and corrupted control & act with impunity against their own fellow Thai).
Thailand is not progressive (good education, health & basic rights even water are denied to the poor North & North east relative to Bangkok). Thailand is not the land of smiles (the smiles hide the hopelessness of most Thais under an elitist ruled country). Thailand is not true (face shades truth every day for every person).
Thailand is a great country & rich with wonderful people BUT it does not know how to share.
The reds will miss the point as they are herded into beliefs and actions by continuingly unscurpulous power brokers. The Yellows have always missed the point as they try to hang on to power that a modern world will eventually strip them of. And so it goes for other colours of the corrupted Thai political process.
Let the Great Thai arise from this mire of deceit, lies, unfairness, contrived corruption & poverty and lead this great nation to freedom and justice. I wait for this person. A Ghandi, A Mandella, a Mao, a Jefferson or Washington or Lincoln, But the name will be Thawee or Peung or the like and I wait for their arrival.
What a pity a Great King has no real power, stripped by the same greedy men whose son's and daughters now defile him in their entrenched corruption and misuse of les majeste and his great name.
In the abscence of true Royal power let the Great Thai step forward and lead Thailand into the uplands, drenched with sunshine for all to enjoy and based on fairness, liberty, sharing, honesty and happiness for all.
I think I love Thailand more than most of these political monsters and I wish Thailand and all Thais happiness, prosperity, good luck & at this time clear thinking and action to give to themselves real power. Now is the time.
Thank you for reading.
Harvey
For all the pro-Red expatriate authors who claim that the red are more than just a mouthpiece for Thaksin, let's propose this: As a condition to the roadmap, the Red leadership have to stipulate that they support Thaksin's reintroduction to Thailand only AFTER he serves his jail time in Thailand. OR that he agrees (as he previously claimed he would) he will never again be allowed to participate in Thai politics. this is of course all a sham. The reds are longing for the "rob from the rich, give to the poor," policies of Thaksin that penalized capitalists (although not a dime of his own fortune - except to buy votes at the polls). If the Reds would transcend Thaksin, they would indeed have the moral high ground that they wrongly believe they have.
They could take a lesson from Martin Luther King, Jr. Blacks in America (and their white supporters) endured harsh treatment and even violence without responding in kind. The restraint earned them the respect of the majority, which passed the laws ending segregation and institutionalized racism. But the Reds flout law and order and safety; erecting barricades, training paramilitaries, bloodletting, and grenade throwing - actions that earn them no sympathy or respect from any but expatriates in Thailand who could not succeed in their own countries of origin.
I'm a writer and, as such, have decided to leave Thailand soon after almost 8 years of living here. I won't support a country or a government that disregards its people's voices to this extent, uses mainstream media (the Bangkok Post) to lie about what the red shirts are really saying, and treats the average person like a 'buffalo'.
This article is nothing more than 'hate speech' against the red shirts - something the elitist author says she is against. When hi-so Thais get a clue and realize their days of running the country are numbered, then maybe I'll come back. Until that point though, I'd rather spend my time contributing to a TRUE democracy and not the farce that Thailand has become.
I also now warn all my readers not to come to Thailand, not to support a country that is this backward, not to support a country that discriminates against anyone that's not Thai, and not to support this government that does nothing but lie to its people.
One idea I have:
In Australia the capital canberra is outside the large urban centres meaning the government is no longer viewed as biased towards a particular urban community - and the investment and disposable income of the bureaucracy is funnelled into a rural area
If some government departments in Thailand were moved outside of Bangkok to somewhere to places like Chiang Rai, or Ayutyah, might that help difuse the notion of a Bangkok elite and inbreeding within the bureacracy?
Adam
Voltaire
Thaksin's is a Chinese family. Beware!
Its time for the humble Thai to reclaim their country and their wealth. Felicity
some of the journalists in Bangkokpost are ridiculing themselves the way khun Sanitsuda criticized in the article on a daily basis. Yes, journalists can have their own political opinions/stances. But aren't journalists aware of their fundamental obligation, to provide ALL the informations. Those who fail to do this,can't be considered good practice. I'm sure you won't forget the role of media in Rwanda. I'm sure you share with my commnet that SOME of Thai medias are doing exactly the same thing rightnow.
I regret to say that you are naieve.
If you have a job in the Bangkok Post as a journalist you must have excellent English, which you do.
If you have excellent English it is 95% sure you studied abroad when younger.
If your family could afford to pay for you to study abroad you are in the top 1% of Thailands socio-economic class.
Given the above you are from the very elite the redshirts justifably claim do not understand or care about their problems
Just how much of the concerns of a 55 year old woman eking out a hand to mouth existence in Isaan would you understand? The daily grind, the lack of basic needs, the pervasive presence of loan sharks, powerful local mobsters, and corrupt police.
Take a 5 month sabbatical from the Post and go live in a Isaan village on 2000 baht a month.
Then come back and write an article on how you liked it.
Patrick
A confident, modern society should be able to comfortably criticize its institutions, while still revering them without threat, if their existence has meaning and purpose, and is therefore justified.
The problem arises when lese majeste is imposed to create mythic power in support of the status quo, in order to elevate and protect the few and subjugate the many.
I'm going back to my Ajahn Chah books. Maybe I'm trying to escape from reality, but reading the wise forest monks is much more inspiring than following this conflict.
How many roads must a man walk down
Before you call him a man?
Yes, ’n’ how many seas must a white dove sail
Before she sleeps in the sand?
Yes, ’n’ how many times must the cannonballs fly
Before they’re forever banned?
The answer, my friend, is blowin’ in the wind
The answer is blowin’ in the wind
How many years can a mountain exist
Before it’s washed to the sea?
Yes, ’n’ how many years can some people exist
Before they’re allowed to be free?
Yes, ’n’ how many times can a man turn his head
Pretending he just doesn’t see?
The answer, my friend, is blowin’ in the wind
The answer is blowin’ in the wind
How many times must a man look up
Before he can see the sky?
Yes, ’n’ how many ears must one man have
Before he can hear people cry?
Yes, ’n’ how many deaths will it take till he knows
That too many people have died?
The answer, my friend, is blowin’ in the wind
The answer is blowin’ in the wind
Written by Bob Dylan
"In 1962, Dylan said of the song's background: "I still say that some of the biggest criminals are those that turn their heads away when they see wrong and they know it's wrong. I'm only 21 years old and I know that there's been too many wars...You people over 21 should know better."
Thailand's problems have their roots in the catastrophic "education" syatem here. Thank god I am leaving to teach in another nation, where, hopefully, people value learning and knowledge (unlike Thais).
Apologies, but my brain needed a bit of relief after trying to decipher what "Peter" was trying to tell me in comment #43.
I'd like to congratulate Khun Sanitsuda to this succinct description of one of Thailand's major obstacles to the resolution of many a political/social conflict.
However, LM doesn't seem to be 'only' some law that can and should be changed and then things will go the right direction. In my view, LM and the way it has been (mis)used in current times seem to reflect something that is deeply rooted in Thai culture. For example, if you look at the dynamics in many Thai families you will find a similar 'prohibition' of open dissent from the younger generation towards the older, that goes way beyond "respecting the elders". Parents are revered to an extent where it is very very difficult for even an adult to express respectful dissent with his/her parents and not follow their directions. Or look at the reality in many Thai offices! How is conflict resolved, how are dissenting opinions/new ideas brought forward and assessed, etc. Do kids learn in school to question set beliefs, are they trained in critical thinking? Are students in university encouraged to form their own opinions, articulate them in an appropriate manner, or even dissent with their professors if they see fit?
No, this is not only about changing one law, but it could very well start there! I wish Thailand peace, real peace - not the false peace where everybody smiles and doesn't listen to the other, the false peace that can erupt in fierce violence any moment.
I hope when you get back to that "true democracy" you take a serious look around! The most touted 'democracy' in the world (USA) is anything but. When the President can get away with 'insider trading' and not get investigated; corrupt the polls and still get elected; detain political prisoners in USA's private jail in Cuba(which makes the house arrest in Burma look tame)and walk free--is that 'democracy'?
Truth is all countries are a work in progress....let Thailand go through it's process.
More these type of recent arrests (http://tinyurl.com/tunercat02) show there is political will by India to clean up cyber space. In this case annoying words were occurring on cyber forum naming important persons like ex High Court judge. It is an interesting case but it is incompleted.
If India can do it Thailand can do it too.
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Hello Sanitsuda.
I just want to tell you and everybody else how tired and bored I am from this socall political war/conflickt.
When will I read about political subjects such as; pollution, farmproduct prices, conditions for farming, education ( why does not anybody speak english in this country except from some girls speaking Pattaya english)
health politic, traffic problems, corruption ( in my country people get in big trouble if they are more wealthy then the legal income tells.) narcotic problems, flooding, lack of water for farming,
And for me personal; I live in a country with a healthy and strong economy, but I have to pay more and more for my bath as the days pass by.
Why is the bath so strong?
Do somebody from abroad buy your country?
Why do the bank stocks rising?
Is it because they control huge area of farmland due to debt problems.
I dont know.
Just asking.
With regards:
Thaifrelst.