FACT - Freedom Against Censorship Thailand

หนุ่มขอนแก่นฟ้องโชติศักดิ์-เว็บฟ้าเดียวกัน-ประชาไท หมิ่นพระบรมเดชานุภาพ
Prachatai: April 28, 2008

http://www.prachatai.com/05web/th/home/11993

เมื่อเวลาประมาณ 12.30 น. เว็บไซต์ผู้จัดการและไอเอ็นเอ็นรายงานข่าวกรณีนายสุนิมิต จิระสุข อายุ 36 ปี เจ้าของกิจการส่วนตัวชาวขอนแก่น เดินทางเข้าแจ้งความกับเจ้าหน้าที่ตำรวจสถานีตำรวจภูธรเมืองขอนแก่น เพื่อดำเนินคดีกับนายโชติศักดิ์ อ่อนสูง ข้อหาหมิ่นพระบรมเดชานุภาพ กรณีที่ไม่ยืนถวายความเคารพเมื่อได้ยินเพลงสรรเสริญพระบารมีในโรงภาพยนตร์ ตามประมวลกฎหมายอาญา ม.116 (2)…นอกจากนี้ยังแจ้งความดำเนินคดีกับเว็บไซต์ ‘ฟ้าเดียวกัน’ และเว็บไซต์ ‘ประชาไท’ ซึ่งมีกระทู้เกี่ยวกับกรณีของนายโชติศักดิ์ ซึ่งนายสุนิมิตระบุว่า มีการแสดงความเห็นกว่า 90 ความเห็น มีทั้งเห็นด้วยและไม่เห็นด้วยกับการกระทำของนายโชติศักดิ์ แต่ส่วนใหญ่จะเห็นด้วย และแสดงถึงการต่อต้านระบบกษัตริย์ ซึ่งเป็นเรื่องที่ไม่อาจยอมรับได้ในฐานะคนไทยที่เคารพรักสถาบันกษัตริย์  พร้อมกันนี้ยังเรียกร้องให้กระทรวงไอซีทีออกมาแสดงความรับผิดชอบต่อกรณีดังกล่าวด้วย

[FACT comments: I think there is little actual support to abolish the Thai monarchy. Abolition of monarchy is a painful transition, as most recently in Nepal, and rarely serves the public interest. The issue is about abolishing the lèse majesté laws or, at the very least, amending them with clear guidelines as to their application. That one Thai citizen "can't stand" his fellow Thais' opinions and thinks that gives him the right to charge public Web discussion fora is ludicrous and the perfect example of what is wrong with the laws.]

Same Sky Books and Prachatai websites charged for allowing comments about Chotisak’s ‘not standing’
Prachatai: April 29, 2008

http://www.prachatai.com/english/news.php?id=620

Yet another Thai man has sued Chotisak Onsoong for not standing during the Royal Anthem in a cinema, as well as two websites for allowing discussion about this in their forums…On April 28 a Khon Kaen resident filed charges under Article 116 (2) of the Thai Criminal Code with police against Chotisak, for offending the monarchy and inciting unrest, and Fah Diew Kan (www.sameskybooks.org) and Prachatai websites for publishing threads of discussions by readers who supported Chotisak’s act…“There are many comments supporting Chotisak’s claim that people who stand for the Royal Anthem are those who like the Sakdina system [Thai feudalism].  One post says that she is married to a foreigner, and will tell her husband not to stand either, because she has long disliked the monarchy.  And one person rudely parodies the lyrics of the Royal Anthem.  As a Thai with great respect toward the monarchy, I can’t stand this,’ Sunimit said.

Thai traditions: Lese majeste in Thailand
By FRANK G. ANDERSON
United Press International: April 28, 2008

http://www.upiasiaonline.com/Human_Rights/2008/04/28/lese_majeste_in_thailand/2852/

Thailand’s most powerful political and social “hammer” may be the kingdom’s lese majeste law…However, whether you are ever convicted and punished or not is a question of who you are, who you happened to offend and who is protecting your interests. The law is supposedly designed to protect the country’s revered monarchy, but is often misused to silence dissent, punish social and political enemies, or to employ against foreigners when Thais would face far less severe charges. Politicians, power brokers and colluding police all benefit from the application — or merely the threat to apply — the lese majeste law…Having witnessed — as a victim — the misuse of the lese majesty law in Thailand, this writer cautions foreigners first and foremost that the real danger is not merely saying the wrong thing, but in being perceived so by police or other powerful interests who themselves do not always have real national interests at stake. The higher up your accusers are, and the better connected they are with the military and police, and most importantly, with powerful politicians, the more chance you stand of being convicted… A powerful tool to silence protests, arouse public support and justify massive armed attacks against democracy protest groups, the lese majeste law in Thailand has faced frequent and strong protest, as well as both internal and external pressures for repeal. It may be that unless the nation’s monarch himself calls for repeal, the law will remain on the books for decades more…The suggestion that Thailand’s lese majeste law be amended to where only the nation’s monarch issues any such charge is a workable idea but faces overwhelming resistance in the Land of Smiles from powerful interests who have grown used to misusing the law for their own gain and others’ losses. If the country’s powerful police cannot yet bring themselves to repeal the law, then perhaps they can amend provisions in its enforcement to ensure that legitimate rights are protected on the one hand, and that persons filing lese majeste charges are made well aware of their obligations and possible repercussions from malicious filing…In a document provided to Thai police on this subject, this writer asked that any individual signing a complaint of lese majeste swear that he or she has no personal conflict with the charged person, and that the person filing also accepts that should the charge be found to be malicious or without foundation, that the individual making allegations accept responsibility. Almost a year after receiving the suggestions, police have not bothered to respond. It is not in their interests to do so…The suggestion that Thailand’s lese majeste law be amended to where only the nation’s monarch issues any such charge is a workable idea but faces overwhelming resistance in the Land of Smiles from powerful interests who have grown used to misusing the law for their own gain and others’ losses. If the country’s powerful police cannot yet bring themselves to repeal the law, then perhaps they can amend provisions in its enforcement to ensure that legitimate rights are protected on the one hand, and that persons filing lese majeste charges are made well aware of their obligations and possible repercussions from malicious filing…In a document provided to Thai police on this subject, this writer asked that any individual signing a complaint of lese majeste swear that he or she has no personal conflict with the charged person, and that the person filing also accepts that should the charge be found to be malicious or without foundation, that the individual making allegations accept responsibility. Almost a year after receiving the suggestions, police have not bothered to respond. It is not in their interests to do so.

(Frank G. Anderson is the Thailand representative of American Citizens Abroad. He was a U.S. Peace Corps volunteer to Thailand from 1965-67, working in community development. A freelance writer and founder of northeast Thailand’s first local English language newspaper, the Korat Post — www.thekoratpost.com — he has spent over eight years in Thailand “embedded” with the local media.)

Time to abolish the lèse majesté law in Thailand
Giles Ji Ungpakorn, Chulalongkorn University

http://rspas.anu.edu.au/rmap/newmandala/2008/05/03/ji-ungpakorn-on-the-abolition-of-lese-majeste/

Once again we are seeing the extreme Right in Thailand using lèse majesté as an excuse to encourage acts of violence against those who stand up for freedom and justice…Manager is opening its web-pages to Right-Wing thugs who want to encourage violence against Chotisak Onsoong because he chose to think differently and not stand for the King’s song in the cinema. Following this there have been threats of violence, also posted on The Manager website, against Jittra Kotchadej, Chairwoman of the Triumph textile workers union. Her supposed “crime” was to wear a T-shirt supporting Chotisak’s freedom of expression. In both cases, their addresses have been published by The Manager. The actions by Manager are not only illegal in that they encourage violence against others, but they are also a serious obstacle to basic rights and democracy…The fact that lèse majesté is an excuse to silence and use violence against those who think differently is merely one of many reasons why the law should be abolished…The second reason to abolish lèse majesté, as a matter of urgency, is that it is an authoritarian law of the type found in countries with Absolute Monarchies. No modern civilised and democratic nation in the world maintains such a law. If we are to have democracy we must have the right to express ourselves. There must be the right to criticise the Monarchy. Otherwise the Monarch or members of the Royal Family can behave as they like without any accountability or transparency. Lèse majesté laws actually indicate that the Conservatives are afraid that if they allow criticism we shall see that many many Thais have different opinions. The constructed image of the Monarchy will also face serious scrutiny. In other words, the Conservatives are afraid of the truth. If not, why not dare to abolish lèse majesté?

ANCHORMAN: The politics of fear that is the Thai matrix
ML NATTAKORN DEVAKULA
Bangkok Post: May 1, 2008

http://www.bangkokpost.net/News/01May2008_news20.php

Our Land is a Convoluted Matrix of Misinformation and Propaganda…The “politics of fear” strategy is something that exists only in the minds of conspiracy theorists, is the very reason why the strategy has perpetuated itself from the ancient days of the Roman empire to the modern day of the American empire.
It is one of the most credulous methods to keep an entire population at bay. Information sedation paves the way for mental numbness, and as a by-product, a society of normally educated individuals is unable to tap its rational and operable mind…In effect, the victims of the “politics of fear” are rendered mere occupants of matrix-like (yes, the movie The Matrix) tubes and are force-fed propagandistic-based values until they voluntary seek it to survive.

[FACT comments: Nationalism itself is the crime which divides the human family and creates intolerance. Look for more free thinkers wearing Chotisak's t-shirt.]

Stoking Nationalist Sentiment
Bangkok Pundit: May 2, 2008

http://bangkokpundit.blogspot.com/2008/05/stoking-nationalist-sentiment.html

Manager is like the National Enquirer as they publish just puerile gossip but like in 2006 they are trying to whip up nationalist sentiment by arguing that PPP/Thaksin are trying to destroy the monarchy. A Manager article today is outraged that a girl was on NBT (formerly Channel 11) and had a t-shirt on - in regards to Chotisak being arrested for not standing for the royal anthem - which says “If you don’t stand, it is not a crime” (ไม่ยืนไม่ใช่อาชญากร) which The Manager changes to “If you don’t stand (to pay royal respect), it is not a crime” (“ไม่ยืน(ถวายความเคารพ) ไม่ใช่อาชญากร” )…

Manager is then outraged by Jakrapob’s response.
“It is a free country. Everyone has the right to wear any shirt they want. We need to respect their right as well. This is not a big issue. People in the country are not a slave to anyone. If you want to be a slave then go somewhere. Not in Thailand as we are a democracy”…“ประเทศเป็นประเทศเสรี ทุกคนมีสิทธิ์ที่จะใส่เสื้ออะไรก็ได้ เราต้องเคารพสิทธิ์ของเขาเหมือนกัน เรื่องนี้ไม่ใช่เรื่องใหญ่ คนในประเทศนี้ไม่ได้เป็นทาสใครนี่ ถ้าอยากไปเป็นทาสก็ไปเป็นทาสที่อื่นโน้น ไม่ใช่ที่ประเทศไทยที่เป็นประชาธิปไตย”…It says this is the words which the Communists used 30 years ago. The Communists goal was to destroy the royal institution.

[FACT comments: This case is sure to whip up public hysteria and government may well take up the cause for more Internet censorship. It is certainly an example of pornography skewing gender expectations. But the Internet didn't rape this child, nor did pornographers. This happened as a direct result of inadequate adult supervision both by parents and 'net shop employees. Children can view 'net pornography at home and elsewhere. No conceivable purpose would be served by charging these children.]

Boys watched porn on Net before assaulting girl
Daily Xpress: April 26, 2008

http://www.dailyxpress.net/2008/04/26/city/city_1783.php

Three boys aged between eight and 12 have sexually assaulted a seven-year-old girl after watching pornography at an Internet cafe…The victim’s parents complain their daughter was assaulted on April 17. They assert she was raped, and an examination confirms she has had sexual intercourse. Police are considering charges ranging from gang rape to taking a minor for a lewd act…The eight-year-old says he asked the girl to come and “play” with him at a wooded area behind the housing estate. He says they did this “two or three times”. On the day of the alleged assault, the boy invited other friends. He showed them what he and the girl had been doing. One refused to participate and told the girl’s mother…The Bangkok Deputy Governor says there are 10,000 computer “shops” open during the holidays, some temporary establishments taking advantage of the school-break business…Six months ago there were just 4,000 such shops, and just 1,000 were registered, he says. The city must approach police to close unregistered cafes.

Saudi Blogger Fouad Ahmad Al-Farhan Released
by Sam Bayard
Citizen Media Law Project: April 28th, 2008

http://www.citmedialaw.org/blog/2008/saudi-blogger-fouad-ahmad-al-farhan-released

After four months, the Saudi Arabian government has released popular Saudi blogger Fouad Ahmad Al-Farhan without charge…Interior Ministry officials were evasive about the reason for his detention, explaining only that it was not related to state security…It’s great to hear that Fouad’s been released, but chilling to consider the vulnerability of journalists and dissidents under the Saudi regime.

Editorial: World press freedom day - but not for Thailand
The Nation: May 3, 2008

http://www.nationmultimedia.com/2008/05/03/opinion/opinion_30072161.php

Today is World Press Freedom Day. It is a day to reflect on the importance of press freedom around the world. Unfortunately, the state of press freedom in Thailand today is a disgrace. There is not much to discuss these days that would make the Thai people proud of our traditionally free press system…This is because the elected politicians who are currently in the government do not respect the duty of the media to monitor government’s performance and report to the public directly. In addition, they constantly try to destroy the credibility of the press and continuously belittle the Thai media.

Iranian and Russian support for press freedom relatively low
Internet & Democracy: May 1, 2007

http://blogs.law.harvard.edu/idblog/2008/05/01/iranian-and-russian-support-for-press-freedom-relatively-low/

Some interesting results on global attitudes towards press and Internet freedom from a poll by World Public Opinion in honor of Press Freedom Day–including who leads the pack. The good news is that majorities around the world support press freedom. However, two countries we have been following lately, Iran, as part of our study of the Iranian blogosphere, and Russia, have relatively low levels of support compared to others.