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  • 23
    Jan
    2013
    6:25am, EST

    Journalist gets 10-year prison sentence for insulting Thai king

    Nicolas Asfouri / AFP - Getty Images

    Somyot Prueksakasemsuk arrives at criminal court in Bangkok on Thursday. He was handed a 10-year prison sentence for insulting the monarchy.

    By Amy Sawitta Lefevre, Reuters

    BANGKOK -- A Thai activist and former magazine editor was given a 10-year prison sentence Wednesday for insulting the royal family under the country's draconian lese-majeste law, drawing condemnation from international rights groups and the European Union.

    Somyot Prueksakasemsuk, who was editor of a magazine devoted to self-exiled former prime minister Thaksin Shinawatra, was found guilty of publishing articles in 2010 defaming King Bhumibol Adulyadej. The government later shut down the magazine, called Voice of Taksin, or "voice of the oppressed."

    The articles criticized the role of a fictional character meant to represent the king, public prosecutors said in a July 2011 report. Discussions about the role of the monarchy are forbidden under the law, which translates to "injured majesty."

    "The accused is a journalist who had a duty to check the facts in these articles before publishing them. He knew the content defamed the monarchy but allowed their publication anyway," a judge said in passing sentence.

    The European Union Delegation to Thailand said the verdict and sentence undermined the right to freedom of expression.

    "At the same time, it affects Thailand's image as a free and democratic society," it said in a statement.

    New York-based Human Rights Watch said the ruling was "more about Somyot's strong support for amending the lese-majeste law than about any harm incurred by the monarchy".

    Rights groups say the lese-majeste law is used by Thailand's powerful elite to silence political opponents, including supporters of pro-Thaksin groups.

    Websites accused of defaming the royal family are frequently shut down.

    The 85-year-old king, who has been in hospital since 2009, is seen by many in Thailand as a unifying, semi-divine father figure.

    Related:

    American jailed for insulting Thai king -- while living in Colorado

    'Witch hunt'? Thailand cracks down on king's online critics

    Thais divided by anti-free speech crackdown

     

    Copyright 2013 Thomson Reuters. Click for restrictions.

    41 comments

    The Thai king must be a pretty weak minded and cowardly man if someone's critical words matter to him this much.

    Show more
    Explore related topics: thailand, featured, royalty, lese-majeste
  • 8
    May
    2012
    9:17am, EDT

    American jailed in Thailand for insulting monarchy to be released?

    /

    Thai-born US citizen Joe Gordon, 55, is escorted by Thai prison officials as he arrives for his trial accused of lese majeste charges at criminal court in Bangkok, Thailand, on 8 December 2011.

    By msnbc.com and news services

    BANGKOK, Thailand -  A U.S. citizen jailed in Thailand after admitting that he disseminated information on the Internet that insulted the monarchy is being considered for royal pardon, his lawyer said Tuesday.

    The Ministry of Justice has approved a pardon for Lerpong Wichaikhammat, a Thai-born U.S. citizen known as Joe Gordon, and it has been forwarded to the Bureau of the Royal Household, his lawyer, Anon Numpa, told Reuters. 


    Wichaikhammat was sentenced to two-and-a-half years in jail in December 2011.  

    'Witch hunt'? Thailand cracks down on king's online critics

    Successive governments have ignored international calls to reform the lese-majeste laws -- which make it illegal to insult the king, queen or crown prince -- is a highly sensitive issue in a country where 84-year-old King Bhumibol Adulyadej is regarded as semi-divine. 

    The laws are increasingly questioned in Thailand itself, with some critics arguing the legislation is abused to discredit activists and politicians opposed to the royalist establishment. 

    Anon announced that another client, who was jailed for 20 years after being found guilty of sending  text messages disrespectful to Queen Sirikit has died in jail a few months into his sentence.  

    Thais divided by anti-free speech crackdown

    The case last November of Amphon Tangnoppaku, 61, who the media nicknamed "Uncle SMS", had stoked a debate about the harsh sentences imposed in Thailand for lese-majeste. 

    "Uncle was admitted to the prison's infirmary unit after experiencing severe stomach pains since Friday," Amphon's lawyer, Anon Numpa, told Reuters. "We haven't found out the cause of death yet but he had been battling cancer." 

    During his trial, Amphon had denied sending the SMS messages to a government official, saying he did not even know how to send such messages from his mobile telephone.ce and said it supported freedom of expression in Thailand as elsewhere in the world. 

    Reuters contributed to this report.

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    34 comments

    Can you imagine how many folks in the USA would be jailed for insulting Obama or Bush? More then half the country. This King, Queen and Prince crap needs to stop. They are just people like anyone else. Tyranny in the World still exists with this MONARCHY BS. Government should represent the People …

    Show more
    Explore related topics: thailand, featured, lese-majeste, wichaikhammat
  • 8
    Dec
    2011
    7:51am, EST

    Thais divided by anti-free speech crackdown

    Narong Sangnak / EPA

    Thai-born U.S. citizen Joe Gordon, 55, is escorted by Thai prison officials as he arrives at a Bangkok court on Thursday. He was jailed for two-and-a-half years for insulting the country's monarchy.

    By Ploy Bunluesilp, NBC News

    BANGKOK - A Colorado car salesman who was jailed Thursday for insulting Thailand's monarchy has become a pawn in an escalating political battle over freedom of speech in the southeast Asia country.

    The case of Joe Gordon, a 54-year-old U.S. citizen who was born Lerpong Wichaikhammat in Thailand before emigrating to the United States decades ago, has been troubling for Washington. The U.S. sees Thailand as a crucial ally in the region but has been increasingly concerned by restrictions on free expression in the kingdom.


    Gordon was arrested in May during a trip to Thailand for medical treatment. His crime was posting a partial translation of a critical academic biography of Thailand's King Bhumibol Adulyadej on the internet while living in Colorado.

    • American jailed for insulting Thai king

    U.S. Consul General in Thailand Elizabeth Pratt said Gordon's two-and-a-half year sentence was severe and he been jailed for exercising his right to freedom of expression.

    "We continue to have full respect to the Thai monarchy and we also want to support the right to freedom of expression which is internationally recognized as a human right," she told reporters at the court.

    Thailand is one of the few countries in the world where a hereditary monarch still has immense powers. Although the country is supposed to be a constitutional monarchy where the king has only symbolic powers, in fact the palace has massive political influence, and a law banning any criticism of the monarch is still in force.

    National debate
    Many Thais feel great respect for the king, but there is increasing concern over whether restrictions on freedom of speech are damaging the monarchy rather than protecting it.

    As a Thai, I admire the king, but as a journalist I am concerned that I cannot discuss the growing national debate about the monarchy. Even in private, many Thais are worried that discussing it could get them jailed.

    Most Thais I spoke to about the sentence were afraid to express their views openly.
     
    "He's not the book author, he only translated and posted on his blog. It's a bit unfair for him," said school officer Suthasinee who declined to give her last name.

    The book Gordon translated is The King Never Smiles, written by U.S. journalist Paul Handley and published by Yale University Press. It is one of the few publications that attempts a critical but academic look at the Thai monarchy.

    "The media can report anything but not the royal family topic, we are all know that," said Kan Yuenyong, an analyst at Siam Intelligence Unit. "If there are ... more of lese majeste cases, it might make people stand up to resist against the royal institution," Kan added.

    Under Thailand's so-called lese majeste laws, those found guilty of defaming the monarchy face three to 15 years behind bars.

    Ever since a 2006 coup that ousted popular Thai prime minister Thaksin Shinawatra, the use of lese majeste legislation has surged.

    • 'Witch hunt'? Thailand cracks down on king's online critics

    Recently, the authorities have focused on social media, especially Facebook, as it has become the main discussion forum for Thais who oppose the lese majeste law.
     
    The ministry of Information and Communication Technology has set up a hotline for those who want to report "cyber crimes" against the monarchy. The ICT suspended more than 60,000 websites between October and November and urged people to not click "share" or "like" on Facebook posts that criticize the monarchy.
     
    Ironically, it is not even clear whether King Bhumibol supports the crackdown. In his birthday speech in 2005, he said that he should not be above criticism: "Charges against those accused of lese-majeste should be dropped and those held in jail for lese-majeste should be released."
     
    However, it seems that some of his supporters were not listening. And many Thais fear that instead of protecting the palace, the new atmosphere of fear and repression may have the opposite effect.

    52 comments

    What makes anyone think there is such a thing as freedom of speech. Only if they except it. Check Germany and England. If you know what I mean. It'll be in the US soon.

    Show more
    Explore related topics: thailand, asia-pacific, joe-gordon, lese-majeste
  • 8
    Dec
    2011
    3:25am, EST

    American jailed for insulting Thai king - while living in Colorado

    Narong Sangnak / EPA

    Joe Gordon, 55, looks on from inside a cell at the criminal court in Bangkok, Thailand, on Thursday.

    By Msnbc.com staff and wire

    BANGKOK - A court in Thailand sentenced a U.S. citizen to two-and-a-half years in prison Thursday for defaming the country's royal family by translating excerpts of a locally banned biography of the king and posting them online.

    The verdict is the latest so-called lese majeste punishment handed down in the Southeast Asian kingdom, which has come under increasing pressure at home and abroad to reform harsh legislation that critics say is an affront to freedom of expression.


    The 55-year-old Thai-born American, Joe Gordon — also known as Lerpong Wichaikhammat — stood calmly with his ankles shackled in an orange prison uniform as the sentence was read out at a Bangkok criminal court.

    "The defendant is found guilty ... The court sentenced him to five years in prison. But he pleaded guilty. That makes the case easier, so the court decided to cut it in half to 2 years and six months," a judge said at the criminal court in Bangkok.

    • Story: Thais divided by anti-free speech crackdown

    The sentence was relatively light compared to other recent cases. In November, 61-year-old Amphon Tangnoppakul was sentenced to 20 years in jail for sending four text messages deemed offensive to the crown.

    Gordon's lawyer, Anon Nampa, said there would be no appeal against the verdict. "One month from now, we'll submit a request for a royal pardon," he added.

    Gordon posted links the to banned biography of King Bhumibol Adulyadej several years ago while living in the U.S. state of Colorado, and his case has raised questions about the applicability of Thai law to acts committed by foreigners outside Thailand.

    Speaking after the verdict, Gordon said, "I am an American citizen, and what happened was in America." 

    'This is just the system'
    He also said he had no expectation of being let off easy. "This is just the system in Thailand," he said. Speaking later in Thai, he added: "In Thailand, they put people in prison even if they don't have proof."

    Gordon had lived in the U.S. for about 30 years. He was detained in late May during a visit to his native country to seek treatment for arthritis and high blood pressure. After being repeatedly denied bail, he pleaded guilty in October in hopes of obtaining a lenient sentence.

    Thailand's lese majeste laws are the harshest in the world. They mandate that people found guilty of defaming the monarchy — including the king, the queen and the heir to the throne — face three to 15 years behind bars. The nation's 2007 Computer Crimes Act also contains provisions that have enabled prosecutors to increase lese majeste sentences.

    • Story: Man sentenced to 20 years for insulting Thai queen

    The U.S. Embassy's consul general, Elizabeth Pratt, told reporters in Bangkok after the ruling that Washington considered Gordon's punishment "severe because he has been sentenced for his right to freedom of expression."

    Opponents of the laws say that while the royal family should be protected from defamation, lese majeste laws have often been abused to punish political rivals. That is especially true since the nation suffered a 2006 military coup.

    Asked if he would stay in Thailand after serving his time, Gordon said: "I would like to stay and see some positive Thailand. I want to see the real, amazing Thailand, not the messy Thailand."

    • Photoblog: Prime minister bows to royalty

    Many had hoped that the administration of Prime Minister Yingluck Shinawatra, which has some prominent supporters who have been accused of lese majeste, would reform the laws. The issue remains highly sensitive, however, and Yingluck's government has been as aggressive in pursuing the cases as its predecessors.

    Last weekend, New York-based Human Rights Watch urged authorities to amend the laws, saying the penalties being meted out were "shocking."

    More targets online
    The rise of the Internet in recent years has given Thai authorities many more targets to pursue. Last month, Information Minister Anudith Nakornthap said Facebook users who "share" or "like" content that insults the Thai monarchy are committing a crime. Anudith said Thai authorities asked Facebook to remove 86,000 pages between August and November because of alleged lese majeste content.

    The Bangkok Post reported that the Thai government said Wednesday it had set up a committee to seek out and clamp down on websites that publish content considered insulting or offensive to the monarchy.

    • Story: 'Witch hunt'? Thailand cracks down on king's online critics

    Gordon, a former car salesman, is accused of having translated excerpts from the unauthorized biography "The King Never Smiles," published by Yale University Press, into the Thai language and publishing them in a blog. He also provided links to the translation to other two Web forums, prosecutors say.

    In the banned book, author Paul M. Handley retraces the king's life, alleging that he has been a major stumbling block to the progress of democracy in Thailand as he consolidated royal power over his long reign.

    Bhumibol, the world's longest-reigning monarch, is profoundly revered in Thailand and is widely seen as a stabilizing force. He was feted Monday on his 84th birthday, during which he called on his countrymen to unite in response to the worst floods in more than half a century.

    The king is frail and has stayed at a Bangkok hospital for more than two years.

    The Associated Press and Reuters contributed to this report.

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    709 comments

    It's a shame that the monarchy feels so little for the people that they need to stifle expression. Revered or not, the monarchy is to be pitied for such narrow-mindedness. Oops, guess I better stay away from Thailand, now. I hope they don't believe in extraordinary renditions.

    Show more
    Explore related topics: thailand, royals, king, asia-pacific, defamation, joe-gordon, lese-majeste
  • 7
    Dec
    2011
    5:42am, EST

    'Witch hunt'? Thailand cracks down on king's online critics

    Athit Perawongmetha / Getty Images

    Thailand's King Bhumibol Adulyadej has reigned since 1946.

    By Msnbc.com staff and wire services

    BANGKOK - From a windowless room in a Bangkok suburb, computer technicians scour thousands of websites, Facebook pages and tweets night and day. Their mission: to suppress what is regarded as one of Thailand's most heinous crimes -- insulting the monarchy.

    The government calls this its "war room," part of a zero-tolerance campaign that uses the world's most draconian lese-majeste laws to stamp out even the faintest criticism of 84-year-old King Bhumibol Adulyadej, the world's longest-reigning monarch.


    Critics call it a "witch hunt" and few are spared if they fall foul of the process. Dubbed "Uncle SMS", 61-year-old cancer sufferer Amphon Tangnoppaku was jailed for 20 years last month for sending four text messages deemed to have disparaged Queen Sirikit.

    According to the Bangkok Post, the grandfather claimed in court that he had been a victim of forgery and didn't know how to send a text message.

    • Story: Man sentenced to 20 years for insulting Thai queen

    The ruling prompted outrage. On Saturday, Human Rights Watch criticized the "shocking" severity of recent penalties for lese-majeste and urged Thailand to amend the law.

    The offense is punishable by up to 15 years in prison, possibly more if there is violation of the 2007 Computer Crimes Act, which has been used to block more than 70,000 websites, many for lese-majeste, others for pornography or cyber fraud.

    Washington-based pro-democracy group Freedom House says the two laws give Thai authorities "carte blanche to clamp down on any form of expression."

    Some Thais had hoped Prime Minister Yingluck Shinawatra, whose party members are among those accused of lese-majeste, would reform the law. But she is treading carefully, aware her opponents in the military and royalist establishment could seize on any hint of disloyalty to the monarchy to bring her down.

    Independent analysts say the use of lese-majeste could undermine those it was designed to protect if the backlash against the law grows.

    The tough-sounding Cyber Security Operation Centre remains focused, however.

    "We don't have any impressive equipment to track suspicious Internet activity," said Nut Payongsri, an official in the vast government complex. "In most cases, we hear about misuse via calls to our hotline. We check each case and report them to the police."

    Sensitive topics
    The king is in poor health and has spent the past two years in hospital. He made a rare public appearance in a wheelchair on Monday at celebrations to mark his birthday.

    His health and the succession are sensitive topics. Crown Prince Vajiralongkorn has yet to command the same respect as his father, who is seen as almost divine in the majority Buddhist country.

    Lese-majeste shields the king, queen, crown prince or regent from criticism.

    In the latest case, the exact content of the messages Amphon was accused of sending is unclear -- disclosing it could also mean prison. He denied the charges and wept in court.

    Undeterred by the outcry, Information and Communications Technology (ICT) Minister Anudit Nakorntab warned Thais they could face similar punishment if they clicked "like" or "share" next to Facebook postings about the case that were considered offensive to the throne.

    An ICT Ministry official told Reuters that Thais who received anti-monarchy messages by email or on their personal Facebook walls and failed to delete them were also in violation.

    "We would take them to court and prosecute them," said the official, who asked to remain anonymous because he was not authorized to speak to the media. "It is against the law to do such a thing and as a result, they will be fined and jailed."

    The ICT Ministry said it was in talks with Facebook to block pages hosted outside Thailand carrying offensive content its cyber police were powerless to block. The U.S.-based social networking site did not respond to questions from Reuters. 

    Political weapon? 
    Some cases are overtly political, others just bizarre, such as that of a Swiss man jailed for spray-painting a portrait of the king because he could not buy alcohol on the monarch's birthday under Thai law. He was pardoned and deported after a short prison stint.

    Lese-majeste complaints can be made by any citizen and, because of the sensitivity of the allegations, police usually feel compelled to probe them.

    The army filed charges of lese-majeste in May against academic Somsack Jeamteerasakul for comments he allegedly made in a web posting about the king's youngest daughter, Princess Chulabhorn Walailak, who is not protected by the laws.

    Chiranuch Premchaiporn, director of online newspaper Prachatai, is accused of failing to delete anti-monarchy postings fast enough. Political activist Chotisak Onsoong is accused of insulting the monarchy by refusing to stand during the royal anthem that precedes movie screenings in Thailand.

    Thai-born American Lerpong Wichaikhamma, also known as Joe Gordon, pleaded guilty to lese-majeste in October after being arrested during a visit to Thailand for having posted a web link to a Thai translation of a banned book about the king.

    Critics of lese-majeste say it is being used as a political weapon to stifle opponents, pointing to the huge jump in cases since the 2006 coup that overthrew former Prime Minister Thaksin Shinawatra, Yingluck's brother, and triggered a polarizing political crisis.

    Thailand's lese-majeste laws date from the start of the 20th century. Other countries with constitutional monarchies, such as Spain and the Netherlands, have such laws but cases are nowadays extremely rare.

    David Streckfuss, a scholar who monitors lese-majeste laws, said 478 known cases had been submitted to the Thai Criminal Court since the coup, and the 397 cases between 2006 and 2009 compared with an average four or five a year in the preceding 15 years.

    The conviction rate, Streckfuss says, is currently 94 percent.

    Thailand's military, which sees protecting the crown as its top priority, is behind a number of complaints, particularly those against members of the pro-Thaksin "red shirt" movement, which fought troops in the street in 2009 and 2010.

    Thaksin and the red shirts have been accused of republican leanings, charges they deny. But some take issue with the punishment handed down for lese-majeste.

    "In the time of absolute monarchy, the highest punishment was three years, so how is it that now, with our constitutional monarchy, the punishment has been increased to up to 15 years?" said Weng Tojirakarn, a red shirt leader and parliamentarian.

    'Futile and self-defeating'
    The police and judiciary feel obliged to follow up accusations of lese-majeste -- for fear of being accused of disrespect themselves -- and so the charge has become an easy weapon for political groups to use against each other.

    In the case of Thaksin, allegations against him of lese-majeste were used by the royalist "yellow shirts" to draw supporters to huge street rallies that helped undermine his government, and the claims were cited by the military as one reason for the 2006 coup.

    The Santiprachatham Network, a group of academics and social activists, started a campaign against a "flawed judicial system" in the wake of Amphon's 20-year sentence.

    Some newspapers that for years were reluctant to carry stories on lese-majeste now call for a review of the law.

    "The idea that discussion of the lese-majeste law is somehow disloyal to the monarchy is emotionally loaded but empty. The law cannot affect love of the monarch," the Bangkok Post said in an editorial, describing the cyber war as "futile and self-defeating."

    Anand Panyarachun, a former premier and senior statesman, last week rebuked those who had politicized the law and said ordinary citizens should not be allowed to file complaints that undermined rather than strengthened the monarchy.

    "The harshness of the penalty should be reviewed," Anand said. "Many Thais try to protect him, try to defend him. In actual fact the consequence is we ourselves are doing a lot of damage to the monarchy or even to the king himself."

    Reuters and msnbc.com staff contributed to this report.

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    24 comments

    The Thai King has already instructed the Politicians to stop using this law for political gain and that the people should have the right to comment on the Monarchy... The Thai Democrats and the Yellow Shirts have ignored this and still use it for their political purposes... IMO - It is the POLITICIA …

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