'Lese majeste' law hinders royalists too

'Lese majeste' law hinders royalists too

Cries for abolition of lese majeste, or Section 112 of the Criminal Code, and the release on bail of those held in prison on lese majeste charges are getting louder again, after a rally yesterday at Ratchaprasong intersection led by pro-democracy groups and anti-royalists.

Some of the key figures behind the rally have spent time in jail for committing the offence such as Somyot Prueksakasemsuk, a columnist of Prachathai online news, while others have been charged and have cases pending with the police or public prosecutors, such as Panusaya "Rung" Sithijirawattanakul and Patsaravalee "Mind" Tanakitvibulpon.

The demonstrators planned to collect at least 10,000 signatures to back their calls for the abolition of the lese majeste law.

After two years of a de facto moratorium on the use of the lese majeste law, legislation branded archaic by its detractors, last November Prime Minister Prayut Chan-o-cha announced the return of its enforcement to deal with increasing criticism of the monarchy by anti-establishment protesters.

However, this tough legal retaliation has instead hardened the fighting spirit of the young anti-royalists and their demands for not just repeal of the lese majeste law, but also a reform of the monarchy.

In the meantime, pro-monarchy groups have called for its strict enforcement against the alleged offenders.

These two seemingly unbridgeable viewpoints regarding the monarchy have seen the most Thais and political parties, with the exception of the Move Forward (formerly Future Forward) Party whose party members are actively involved in bailing out the alleged offenders, choose to remain on the sidelines hoping to avoid confrontation.

Like it or not, the attitude of quite a few Thais, especially the younger generation, toward the monarchy has changed due to the online abundance of information previously blocked by authorities or unavailable in Thai media.

The change seems irreversible, which is quite natural, as wise men used to say there is nothing permanent but impermanence itself.

Resisting the winds of change will be futile in the long term although the government may succeed in frustrating current demands for change through strict enforcement of the law.

Nevertheless, the anti-royalists must understand too that they cannot have everything they want as there are still those who remain steadfastly loyal to the high institution and are willing to protect it with their lives if the anti-monarchy group crosses the line too much.

The monarchy, as a long-established institution in the kingdom going back several centuries, has the legitimate right to a space in Thai society and those who are loyal to the institution have the right to protect it from improper transgressions.

Instead of resorting to radical campaigning, constructive dialogue should be arranged between the two camps on the issues of Section 112, in particular, and the role of the monarchy, although this remains a tall order due to fear of repercussions from the law itself.

Regarding the lese majeste issue which should be the first to be discussed, there are several aspects which need to be cleared up for the sake of lowering the political temperature on both sides.

Among them are the tough penalties, from a minimum of three years to 15 years; the fact anyone can file lese majeste complaint with the police; the special protection given the King, Queen, heir apparent and Regent against defamation, insults or threats; the boundaries of the law, and interpretation of the law.

Over-interpretation of the law has seen cases in which people were charged by the police or indicted by prosecutors with lese majeste for criticising the monarchy as an institution, or criticising a Royal project, while the law itself protects the King, the Queen, the heir apparent and the Regent as persons.

Zealous royalists must realise that keeping the law intact despite such problems with its interpretation is not the best way to protect and preserve the monarchy.

On the contrary, it could backfire on its reputation in the eyes of the international community.

Veera Prateepchaikul is former editor, Bangkok Post.

Veera Prateepchaikul

Former Editor

Former Bangkok Post Editor, political commentator and a regular columnist at Post Publishing.

Do you like the content of this article?