American Arrested In Thailand For Linking To A Website From His Blog

[webfact]

Thailand charges US citizen with insulting royals

BANGKOK, May 27, 2011 (AFP) - A US citizen has been charged in Thailand with insulting the monarchy after he posted material deemed offensive on his blog and put a link to a banned book, authorities said Friday.

Thai-born Lerpong Wichaikhammat, 54, was arrested on Tuesday in Nakhon Ratchasima province in northeast Thailand and is currently being held at Bangkok Remand Prison.

"He translated articles which are deemed insulting to the monarchy and posted them on his blog. Also he provided a link to a book" perceived as critical of the royal family, said police Lieutenant Colonel Kovit Tardmee.

"He left Thailand when he was 35 and returned for medical treatment in November 2009. He is scheduled to go back to the US this December."

The US embassy said it was providing consular assistance to the man.

"We can confirm that he is an American citizen," a spokesman told AFP.

An official at Thailand's Criminal Court said Lerpong had been denied bail during a hearing on Thursday.

"He was charged with lese majeste, subversion and uploading or linking to false information under the Computer Crime Act," she said.

The monarchy is an extremely sensitive subject in politically divided Thailand, which is preparing for an election on July 3, and rights groups have expressed fears over use of lese majeste to suppress freedom of expression.

Controversy over the law was stoked earlier this month when prominent Thai historian Somsak Jeamteerasakul, who has tested taboos with calls for reform of the monarchy, was charged with lese majeste.

King Bhumibol Adulyadej, 83, the world's longest-reigning monarch and revered as a demi-god by many Thais, has been in hospital since September 2009.

-- (c) Copyright AFP 2011-05-27

American Arrested in Thailand for Linking to a Website from his Blog

By Richard Barrow

Bloggers in Thailand, be careful what you write and link to from your website.

For some years now I have been very careful about what I write and discuss on the subject of Thailand. The name of the country is supposed to translate as the “land of the free”. However, it is only free up to an extent. Thailand these days now has one of the worst track records for freedom of the press. I own a number of blogs and forums. Everything has to be carefully moderated and anything posted that might be seen as detrimental to the institution has to be quickly deleted. This includes comments made by other people. If we delay deleting something, even as late as only 24 hours, we could be arrested and sent to prison. It doesn’t matter if we wrote it or not. As moderators and administrators we have to take responsibility.

The highest institution is of course the royal family. I think even newcomers to blogging in Thailand know that they should avoid that subject. Personally I don’t discuss anything to do with the royal family on my blogs unless I close the comment section. It is just too risky. Not only in the comments as some Thai people might misunderstand the intention of my words. When it comes to the lese majeste law, anyone can file a complaint with the police and it must be followed up. The Nation recently reported that over the last four years the number of cases have increased by 1,500% compared to the previous period.

What I want to do here today is warn any foreign bloggers or forum moderators out there based in Thailand that they too can be targetted. It wasn’t that long ago that an Australian wrote a novel that had a page about a fictitious crown prince. It was self-published and only sold a handful of copies. But, that didn’t make any difference. He was arrested and charged with lese majeste. [more...]

Full story: http://www.thai-blogs.com/2011/05/27/american-arrested-in-thailand-for-linking-to-a-website-from-his-blog/

-- thai-blogs.com 2011-05-27

[ScubaBuddha]

Scary stuff. I am thinking I will close my forum now.

[geovalin]

Are you sure it's safe for you to even mention the story?

[Mario2008]

It shows why we allow discussion of the LM laws, but not a discussion of the Royal Family itself. Keep that in mind when posting.

[Steele404]

forbidding something just gives me more urges to do it ...

[robsamui]

forbidding something just gives me more urges to do it ...

I absolutely forbid you to not write any more comments on Thai Visa . . . . .

R

[homeslice]

No comment

[pisico]

It shows why we allow discussion of the LM laws, but not a discussion of the Royal Family itself. Keep that in mind when posting.

We are all guests in this country. We must respect the rules and laws of the host country whether we agree or not.

It is better to be safe and free than to be sorry and in jail... unless one enjoys fish head soup 2 times a day, every day.

:jap:

[whybother]

No comment

What he didn't say.

[englishinsiam]

I am a Royalist for the British Royal Family but still used to like Spitting Image taking the mickey out of the the Queen and Prince Feelleep.

You can laugh with someone but not mean any harm, some laws are just too tough.

[pedro01]

I have no sympathy to be honest.

A lot of us know about the book that basically trashes the royal family here. It's not a particularly well written or well researched book.

This guy obviously sees himself as some sort of activist, why else would he be sitting up there in Isaan on using his blog to encourage people to read this trash?

Now he's an activist, he can experience jail time like many other activists around the world.

Pity he didn't take up a worthy cause, isn't it?

Edited May 27, 2011 by Scott
spelling corrected

[Tywais]

Now he's an activist, he can experience jail time like many other activists around the world.

Pity he didn't take up a worthy cause, isn't it?

Might want to read the article before shooting him.

Joe denies doing this

[Nisa]

I feel for the American .. assuming this story is true. I assume if it is the actual facts will come out and it will make headlines in the US if he is actually an American citizen and being held with no bail for what amounts to a banned internet link that wouldn't even work in Thailand since it is banned.

However, this is Thailand. People are idiots if they visit another country and expect the the laws are the same as their own country or that they will be excused from obeying the laws because they are not the same as their homeland. The US has a very well known saying in court, "Ignorance of the law is NO excuse". But even if you visit Thailand and are unaware of the seriousness of this well known law then you deserve what you get.

I for one have no issue with the law in question. His Majesty is a father figure to so many Thais and has been for so long that some Thais have have died of old age never knowing another King let alone anyone with such devotion and love for all Thai people and The Kingdom of Thailand. Although His Majesty has publicly stated he is not above criticism and regularly pardons those convicted of these types of crimes, it is a law I understand and respect Thais for embracing and enforcing when appropriate.

But yes, Thailand needs to reevaluate some of its censorship laws in my opinion but not when it comes to this issue. How awfully sad if one day it became like England has become were the Queen and her family serve as tabloid fodder and late night spoofs overshadowing any news of what they give to their country. In fact, in England, I'm not even sure they (England's Royals) are able to do much now except to try and protect the royal image from all the gossip, paparazzi and unethical reporters.

[lungmi]

It shows why we allow discussion of the LM laws, but not a discussion of the Royal Family itself. Keep that in mind when posting.

I remember an old article of the Nation, where His Royal Majesty the King critisized indirectly the political misuse of the LM laws.

This misuse is going on, and this misuse harms the Institution of Monarchy more than a qualified discussion about an amendment of the (partial) anachronistic LM laws.

Edited May 27, 2011 by sbk

[lomatopo]

He is Thai by birth but has lived in Colarado, America for 30 years. (He is, it say, an American citizen.)

It is weird that it took 4 years for them to arrest this guy?

Someone had to have gone to the police to swear out a lese majeste charge, I wonder who did that? And when?

I suspect he'll get a Royal Pardon, if it goes that far.

[SAffer]

It shows why we allow discussion of the LM laws, but not a discussion of the Royal Family itself. Keep that in mind when posting.

We are all guests in this country. We must respect the rules and laws of the host country whether we agree or not.

It is better to be safe and free than to be sorry and in jail... unless one enjoys fish head soup 2 times a day, every day.

:jap:

Safe and free? You define freedom in much the same way as many of our beloved African despots... none incarceration=freedom

Respect the rules and laws?? So, I guess we never go to topless bars or ever pay for a little sexual favour or two, right?? Because, we are visitors here, and it is against the law to participate in all that stuff... right?

It was a link to a book, let's keep some perspective here.

[Nisa]

It shows why we allow discussion of the LM laws, but not a discussion of the Royal Family itself. Keep that in mind when posting.

I remember an old article of the Nation, where His Royal Majesty the King critisized indirectly the political misuse of the LM laws.

This misuse is going on, and this misuse harms the Institution of Monarchy more than a qualified discussion about an amendment of the (partial) anachronistic LM laws.

Politicians using this law to attack their foes unjustly should be dealt with more severely than somebody who actually breaks the law in my opinion. To me this is 10x more disrespectful.

[whybother]

...

I for one have no issue with the law in question. His Majesty is a father figure to so many Thais and has been for so long that some Thais have have died of old age never knowing another King let alone anyone with such devotion and love for all Thai people and The Kingdom of Thailand. Although His Majesty has publicly stated he is not above criticism and regularly pardons those convicted of these types of crimes, it is a law I understand and respect Thais for embracing and enforcing when appropriate.

But yes, Thailand needs to reevaluate some of its censorship laws in my opinion but not when it comes to this issue. How awfully sad if one day it became like England has become were the Queen and her family serve as tabloid fodder and late night spoofs overshadowing any news of what they give to their country. In fact, in England, I'm not even sure they (England's Royals) are able to do much now except to try and protect the royal image from all the gossip, paparazzi and unethical reporters.

What would you say if the US brought in a law that you couldn't say anything bad about the president (whoever he happened to be)?

The problem with the law is how it is applied. Even writing a work of fiction talking about an imaginary prince is enough to put you in jail.

Having respect is one thing. Not being able to discuss the issues is completely different.

[Nisa]

<snip>

You must know something I don't.

I posted a comment weeks ago addressing some of the points you so tastefully described in your posting and it was deleted <snip>

I hope I am within the rules. I did question what I wrote in the terms of possibly encouraging somebody to make a negative rebuttal and I wouldn't have said this in any other thread but since this thread was about the law I felt it okay to say why I felt the law was good.

As for the rules ... this is all I am aware of and I don't think I broke it:

2) Not to express disrespect of the King of Thailand or anyone else in the Thai royal family, whether living or deceased, nor to criticize the monarchy as an institution. Speculation, comments and discussion of either a political or personal nature are not allowed when discussing HM The King or the Royal family. Discussion of the lese majeste law or lese majeste cases is permitted on the forum, providing no comment or speculation is made referencing the royal family. To breach this rule will result in immediate ban.

[Cheops]

I feel for the American .. assuming this story is true. I assume if it is the actual facts will come out and it will make headlines in the US if he is actually an American citizen and being held with no bail for what amounts to a banned internet link that wouldn't even work in Thailand since it is banned.

However, this is Thailand. People are idiots if they visit another country and expect the the laws are the same as their own country or that they will be excused from obeying the laws because they are not the same as their homeland. The US has a very well known saying in court, "Ignorance of the law is NO excuse". But even if you visit Thailand and are unaware of the seriousness of this well known law then you deserve what you get.

I for one have no issue with the law in question. His Majesty is a father figure to so many Thais and has been for so long that some Thais have have died of old age never knowing another King let alone anyone with such devotion and love for all Thai people and The Kingdom of Thailand. Although His Majesty has publicly stated he is not above criticism and regularly pardons those convicted of these types of crimes, it is a law I understand and respect Thais for embracing and enforcing when appropriate.

But yes, Thailand needs to reevaluate some of its censorship laws in my opinion but not when it comes to this issue. How awfully sad if one day it became like England has become were the Queen and her family serve as tabloid fodder and late night spoofs overshadowing any news of what they give to their country. In fact, in England, I'm not even sure they (England's Royals) are able to do much now except to try and protect the royal image from all the gossip, paparazzi and unethical reporters.

Did anybody READ the story? The story says he is a Thai. Sure he has gained American nationality, but it's not like we are talking about an American expat or tourist here: "Joe is a 54 year old resident of Nakhon Ratchasima Province. He is Thai by birth but has lived in Colarado, America for 30 years."

Anyway, if you are running a forum you really need to watch it closely and moderate when needed.

[whybother]

Politicians using this law to attack their foes unjustly should be dealt with more severely than somebody who actually breaks the law in my opinion. To me this is 10x more disrespectful.

Who knows if it's unjust or not? It can't even be discussed.

[Nisa]

What would you say if the US brought in a law that you couldn't say anything bad about the president (whoever he happened to be)?

You are comparing apples to space ships. Not even a remotely close comparison.

[Nisa]

Politicians using this law to attack their foes unjustly should be dealt with more severely than somebody who actually breaks the law in my opinion. To me this is 10x more disrespectful.

Who knows if it's unjust or not? It can't even be discussed.

I read about the accusations and defenses of them in the newspaper fairly often. The certainly can be discussed if done appropriately.

[whybother]

What would you say if the US brought in a law that you couldn't say anything bad about the president (whoever he happened to be)?

You are comparing apples to space ships. Not even a remotely close comparison.

If someone deserves respect, then they will be respected. It shouldn't be forced on people.

[Nisa]

Did anybody READ the story? The story says he is a Thai. Sure he has gained American nationality, but it's not like we are talking about an American expat or tourist here: "Joe is a 54 year old resident of Nakhon Ratchasima Province. He is Thai by birth but has lived in Colarado, America for 30 years."

Anyway, if you are running a forum you really need to watch it closely and moderate when needed.

'IF" he is an American than he is an American the same as any American who was born here or whose parent's parent's parent;s were born in the US. Point being is there are no levels of being an American in terms of being held in another country. Fox News will eat a story like this up if true. However you make a valid point and the story should say "Thai American" as the assumption is he is an expat or tourist when in fact there was nothing really in the story (that I recall) that actually said he obtained American Citizenship. Just because he lived in Colorado for 30-years doesn't mean he became a citizen. I believe lots of people stay in America legally for very long periods but never become actual citizens.

[whybother]

Politicians using this law to attack their foes unjustly should be dealt with more severely than somebody who actually breaks the law in my opinion. To me this is 10x more disrespectful.

Who knows if it's unjust or not? It can't even be discussed.

I read about the accusations and defenses of them in the newspaper fairly often. The certainly can be discussed if done appropriately.

The only thing that is usually in the papers is that they are accused of lese majeste and a denial that the accused said anything wrong.

There is never details of what was said, because that would lead to a charge of lese majeste in itself.

[Nisa]

What would you say if the US brought in a law that you couldn't say anything bad about the president (whoever he happened to be)?

You are comparing apples to space ships. Not even a remotely close comparison.

If someone deserves respect, then they will be respected. It shouldn't be forced on people.

You are being naive if you believe this to be true. People go to jail all the time in the US for showing a police officer disrespect.. they call it disorderly conduct among other things. Kids are disciplined all the time in school for showing teachers disrespect. Adults are fired from their job for showing colleagues or bosses disrespect or gossiping negatively about others.

But Thailand is not our country and its laws were created by Thais to serve Thailand and its people. Their laws should not be our concern except to follow them while in the their country. If an outsider feels so strongly that human rights are being violated then they should stand up and do something while being prepared to face the consequences of such actions .. if no then they should mind their own business and follow the laws. Bottom line is if Thais want the law changed they will change it and it is should not be up to foreigners to decide what is best for them.

I have no issue with somebody disagreeing with the law but I really can't see a reason to get worked up about it since the vast majority of Thais don't and most believe in the law. However, I can surely understand a Thai being upset about somebody breaking the law as much as I would be upset about somebody disrespecting my mother, father or family.

[Fookhaht]

The only problem I have with the LM laws is the current application of the Computer Crimes Act which syncs with it.

I certainly can self-censor my own writing, no problem. However, it is scary to think that any comment of a third party on one's blog or forum can bring down the heavy hand of the law onto the blog/forum owner. I've had a popular Thailand-related blog for 8 years, with a couple of neutral articles about royalty. All it takes is one negative comment, and me missing it for 24 hours (e.g. on vacation, sick, or computer problems), and I'm finished. With this sobering reality, I'm faced with either: 1) closing down the blog entirely or 2) disabling all comments (which brings down the readership of popular blogs considerably.)

Indeed, the LM + Computer Crime Act laws have seriously truncated Thailand's freedom of expression by both Thai and foreign expats. No wonder "Reporters Without Borders" ranks Thailand 153rd out of 178 nations for lack of press freedom.

P.S. An additional warning: use of proxies to access banned websites is also punishable by law under the Computer Crimes Act.

[SAffer]

In South Africa Nelson Mandela is called 'Madiba'; Father of the nation. There is no law prohibating discussion about him, and critisism is allowed. However, I never hear anyone from either side of the political spectrum disrespect him.

It is a sad thing when people are disrespectful to any other human being, be it the begger on the street or a member of a royal family. However, those who wish to express their opinion in a respectful way should be allowed that freedom. Such free opinions often help to balance propoganda.

[whybother]

You are being naive if you believe this to be true. People go to jail all the time in the US for showing a police officer disrespect.. they call it disorderly conduct among other things. Kids are disciplined all the time in school for showing teachers disrespect. Adults are fired from their job for showing colleagues or bosses disrespect or gossiping negatively about others.

People don't go to jail for showing disrespect. They go to jail for breaking the law ... ie not obeying a police officer. They are not sent to jail for telling someone else that a police officer is bad or has done something wrong.

But Thailand is not our country and its laws were created by Thais to serve Thailand and its people. Their laws should not be our concern except to follow them while in the their country. If an outsider feels so strongly that human rights are being violated then they should stand up and do something while being prepared to face the consequences of such actions .. if no then they should mind their own business and follow the laws. Bottom line is if Thais want the law changed they will change it and it is should not be up to foreigners to decide what is best for them.

I have no issue with somebody disagreeing with the law but I really can't see a reason to get worked up about it since the vast majority of Thais don't and most believe in the law. However, I can surely understand a Thai being upset about somebody breaking the law as much as I would be upset about somebody disrespecting my mother, father or family.

There laws should be our concern if they are unjust. We should obey them. We can't do anything (directly) about them. But that doesn't mean we should just sit idly by while people are put in jail for something we don't agree with.