Effect of lese majeste law on the polls

BANGKOK • The Thai monarchy is protected by one of the world's toughest royal defamation laws, making detailed discussion about its role almost impossible inside the kingdom. Former princess Ubolratana Rajakanya's entry as a prime minister candidate raises questions about how the media can cover her campaign, and even how analysts or the public can discuss her publicly. Here are some facts about Thailand's lese majeste law, or Section 112 of the Thai Criminal Code.

WHAT IS THE LAW AND IS THE PRINCESS COVERED?

Anyone convicted of defaming, insulting or threatening the king, queen, heir apparent or regent faces between three and 15 years in prison on each count.

Technically, the former princess would not be covered. She relinquished her royal titles after marrying an American decades ago, before divorcing and returning to Thailand. But she is considered a member of the royal family and performs royal duties, and Section 112 has been routinely interpreted to cover any aspect of the monarchy.

Prosecutions under the junta have dramatically widened what counts as lese majeste, with cases ranging from an academic who questioned a 16th-century royal elephant duel - the charges were later dropped - to a man prosecuted for satirical comments about the dog of the late King Bhumibol Adulyadej. However, Human Rights Watch's senior Thailand researcher Sunai Phasuk said: "Nothing in the law indicates that it can be used to encompass other figures, including past monarchs or historical narratives connected to past reigns."

HOW WILL POLLS COVERAGE BE AFFECTED?

The former princess is a public personality who has appeared in films and concerts, and has an Instagram account. But given the way Section 112 has been broadly interpreted in the past, netizens and media outlets will think twice about what to publish. "In the very near future, we are going to see lots of self-censorship among the media, in the public and private sphere," said Chulalongkorn University political science lecturer Kanokrat Lertchoosakul.

WHO ENFORCES ROYAL INSULT VIOLATIONS?

Prosecutions under Section 112 rocketed after the May 2014 coup by the junta. Anyone can make an accusation of lese majeste, and the police are duty-bound to investigate. Under the current regime, many suspects were tried in a closed military court, and there was no avenue for appeal.

AGENCE FRANCE-PRESSE

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A version of this article appeared in the print edition of The Straits Times on February 09, 2019, with the headline Effect of lese majeste law on the polls. Subscribe