Prosecutor drops case against couple not standing for royal anthem in cinema-Prachatai
July 21, 2012
[CJ Hinke of FACT comments: Chotisak and Chutima were early signers of FACT’s petition against all censorship. We’re very happy for them. When will the next Thai Rosa Parks just be too damned tired to stand up for the Royal anthem? Not standing is not a crime! We would be curious to know if a law such as the Film Act is used to compel theatre owners to play the anthem before each showing? Or is it just meaninglessly repeated social convention...as is standing?]
Prachatai: July 20, 2012
The public prosecutor has decided to drop a lèse majesté case against Chotisak Onsoong and his friend who did not stand up for the royal anthem in a Bangkok cinema in 2007.
Wisit Sukyukhon, a public prosecutor, sent a letter on 11 April this year to Pathumwan police who first took up the case, to inform them about the decision.
On 20 Sept 2007, at a cinema in the Central World shopping complex in downtown Bangkok, Chotisak, 26, and his female friend, whose name is withheld, had a heated argument with Navamintr Witthayakul, 40, who was among the audience, after the two ignored Navamintr’s demand for them to stand up for the royal anthem which precedes every movie shown in Thailand’s cinemas.
Chotisak called the police and filed complaints at Pathumwan police station against Navamintr for verbal and physical abuse, damage to personal property and coercion, while Navamintr filed a lèse majesté complaint against them.
In April 2008, Chotisak and his friend were charged with lèse majesté by the police.
In Sept 2008, the public prosecutor dropped the physical abuse charges against Navamintr, and in Oct 2008 the police forwarded the lèse majesté case against Chotisak and his friend to the public prosecutor.
According to the letter, the prosecutor believes that by not standing up for the royal anthem, and by saying ‘Why is it necessary to stand up when it is not required by law?’, the actions of the accused did not constitute insults or defamation.
Although the behaviour of the accused was improper and should not be copied by others, their actions cannot be pinpointed as having the intention to insult the King, and there is insufficient evidence to justify their prosecution, the prosecutor says.
In a similar case on the iLaw website, one moviegoer at the Major Cineplex Ratchayothin on 15 Jun 2008 did not stand up for the royal anthem, lifted both her feet onto the next chair, and after the anthem was over, shouted vulgar words.
On 19 Oct 2009, the court found her guilty under Section 112 of the Criminal Code, and sentenced her to three years in prison, but the jail term was reduced by half and suspended for two years as she had pleaded guilty and had a history of mental illness, according to the testimony of doctors from Srithanya and Trang Hospitals.