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  • Writer's pictureManushya Foundation
    • Jan 25, 2023

#BREAKING A Brighter Day For Free Speech: Three Cases on Online Expression Dismissed Today








#DigitalRights 📱💻 In Samutprakan and Pattaya, a royal defamation case and two Computer Crime Act (CCA) cases were dismissed this morning, according to Thai Lawyers For Human Rights (TLHR).


1️⃣ A case under Section 112 of the Criminal Code (lèse-majesté) against a Chaingrai-based makeup artist was dismissed by Samutprakan Provincial Court. “Nakhon” (pseudonym) has been accused of royal defamation and violation of CCA for sharing a post about the King’s stay in Germany from #KonthaiUK’s FB page.


📌 The original post stated that “Breaking International News: the German people demanded their politicians to file a complaint, insisting ‘We don’t want your monarch here,‘“ while Nakhon added in the shared post “Sharing this for everyone’s knowledge.” The Court dismissed this case on the ground that the evidence is not credible, and it cannot be proven that the defendant is the person committing the offense.


2️⃣ Meanwhile, the Pattaya Provincial Court dismissed a case in which a Twitter user had been prosecuted under Section 14(3) of the CCA for tweeting a photo of the King’s picture that was vandalized with spray paint. The caption merely said “At Central Pattaya.” The Court found that the plaintiff was not clear enough in arguing how the defendant violated CCA.


3️⃣ Another CCA case was also dismissed by the Pattaya Provincial Court. Sonthaya, an internet user, was also charged under Section 14(3) and (2) for posting a photo of the King’s portrait with a caption indicating its location. The defendant’s action, according to the Court, does not constitute an offense of importing false information to the computer system since the picture was real, not falsified.


🚨 Despite these dismissals, over 200 people have been charged and/or prosecuted under royal defamation, and at least 160 under CCA for their political opinions. Many of those accused are detained in jail before any verdicts are delivered. These legal proceedings are gross violations of our basic rights to freedom of speech and fair trial. We need your attention and actions to stop them!


#WeAreManushyan ♾️ Equal Human Beings


✊ Manushya Foundation stands in solidarity with everyone demanding true democracy, equality, and freedom in Thailand. We call on the government to urgently abolish or amend problematic provisions threatening free speech, and protect Thai people’s fundamental rights online. Join us in our call by using #StopDigitalDictatorship.

 

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