A freelance news photographer charged and held in custody for photographing a man spray-painting protest graffiti on the outside wall of the Temple of the Emerald Buddha last year has vowed to fight the case in court.
Nattaphon Phanphongsanon said on Tuesday he was just doing his job, and had no other involvement, when he took photos of a man spray-painting an anarchist symbol alongside the number 112 on the exterior wall of the Temple of the Emerald Buddha on March 28 last year. The number 112 represents Section 112 of the Criminal Code, or the lese-majeste law.
"I followed my news schedule in going there. I did not get involved in it. I knew that my job was to only take photos," he told reporters on Tuesday.
Mr Nattaphon and Nuttaphol Meksobhon, a reporter for the online news outlet Prachatai, were taken into custody separately on Monday. The two were charged with showing support for the vandalising of a historical site. They both denied the allegations and are being represented by Thai Lawyers for Human Rights.
The police said they had CCTV footage of the two journalists and the artist “planning” the spray-painting exploit. However, there is no audio and it is not clear what the people in the video might be discussing.
Prachatai news editor Tewarit Maneechai said earlier that the two journalists had gone to cover the story without knowing in advance that the activist was going to graffiti the temple’s wall.
“They were covering the news as journalists,” he said.
The two men were taken from Thung Song Hong station to the Criminal Court on Tuesday, and police applied to detain them for another 12 days.
Their lawyers applied for their release on bail. The court later approved the request, with posted cash surety of 35,000 baht each. (continues below)
A man is seen using black paint to deface the Temple of the Emerald Buddha on March 28 last year. (File photo: TV screen capture)
Lawyer Kritsadang Nutcharat said the Criminal Court police had opposed bail, arguing they needed more time to question them further. Five police officers and possibly more witnesses also still needed to be questioned, according to police.
He said legal counsel had argued there was no need for more police interrogation of the defendants, and questioned why their clients were arrested on Monday even though the arrest warrants were approved on May 22 last year.
Mr Nattaphon and Mr Nutthaphol denied having ever received summonses to answer the charges before police served them with the arrest warrants on Monday.
Their arrests have fuelled debate over press freedom, and fears that authorities are trying to silence the media.
Mr Kritsadang condemned his clients’ arrest, saying it went against the freedom of the news media in performing their duty. “The media represents the people. If the media cannot perform their duty, the people will not know what is going on,” he said.
The Thai Journalists’ Association expressed concern about the “damaging of media rights and freedom” following the arrests, AFP reported.
“It was necessary for journalists to cover the news,” it said in a statement.
The opposition Move Forward Party said the case was “very serious”. “It goes against the main principle of news reporting and the presentation of facts by journalists. It is not equal to supporting the action taking place,” it said in a statement on X.
Also on Tuesday, students and teachers from the Faculty of Communication Arts at Chulalongkorn University donned black shirts and carried placards defending media freedom..
Prime Minister Srettha Thavisin said the government gave the media a free hand, and promised fairness in the case of the two men. “The case will be handled according to the law,” he said at Government House.