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


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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.

Totally agree with this sentiment.

The article (and the law) state that the man is a US citizen and that fact may be a legal reality but we ought to bear in mind that this man is actually a Thai by birth, so we could refer to him as an "Americanized" or "Westernized" Thai.

If more Thais were to become westernized or have the privilege of being "de-processed" or should I say mentally liberated from "Thai logic" (an oxymoron) and an inherited ignorance and predisposition to never questioning authority or the myopic Thai system then we'd see more of this kind of activity.

The suppression of freedom of speech would have to be one of the most debilitating and dictatorial conditions imposed on any modern society. This is nothing new actually and if you'd care to look up and read even part of the American Declaration of Independence written way back in 1776 then you'd see how passionate those freedom of expression forefathers were a couple and half centuries ago.

To all those saying that this country belongs to the Thais and as guests we should respect their laws I say OK,.. to a point that's fair (provided those laws are fair and balanced and show worthiness of being respected as respect is a privilege and not a right,... it must be earned),... but this guy whilst being legally a US citizen is actually a Thai countryman which is an inalienable right by birth no matter what any myopic law or local opinion may say to the contrary.

I say give the guy respect for speaking up and pointing to facts that he felt worthy of a public forum. It takes guts to resist or usurp authority and this guy has shown such determination.

If you Google "jailed blogger" you'll see a lot of Egyptian, Syrian and Lybian activists sent to jail for similar outspoken publications. Now just look at what's happened in those countries recently. Problem is though that not enough of the poor guy's birthright countrymen would have enough perspective or collective determinism to be bothered to create any such similar national swing to personal liberty simply because of the inherited ignorance and Mai Pen Rai culture that prevails.

Hopefully they will throw him in jail and then someone can send an impassioned email to Avaaz pleading for assistance and the guy will be sent a "get out of jail free" card and that might begin to wake up a few other university activists ad the rest of the world to further exposition of this suppression of right to free civil speech!

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Thailand has been most fortunate to have such a good king for so long. It would be a touch more sensible for the Thai police to give website owners 24 hours to shut down if they have broken this law rather than being put into the Thai legal system but the country is infested with underemployed police so I suppose they have to justify their existence.

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About three months ago a T.V forum member complained about the number of arrests through these LM laws that member was hailed down and told to produce proof. now the Nation has said in a recent article the arrests have increases by 1,500% over the last four years.

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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.

Your wrong on so many levels and unfortunately I can only address one of them as I don't want to be accused of LM. First of all your assertion that in America you can be arrested for just "showing" a police officer disrespect is totally misleading and for the most part false. You have to go to a pretty far extreme to get yourself arrested in the United States for disorderly conduct. It usually involves psychical contact with the police officer, alcoholic inebriation or in laymen's terms being just plan drunk. Over 90% of the arrests in the United States for disorderly conduct are usually accompanied by a charge of "Resiting Arrest." Yes, if you are unduly loud or boisterous you can be arrested for disorderly conduct but it's not the norm. I have personally witnessed many police officers over the years being subjected to screams of students calling them "Pigs" and saying "Oink, Oink" to the police officers and the police did not arrest anyone. I have seen amazing toleration by police officers at college campus's in the United States by drunk and disorderly students. Go to "Spring Break" in Florida or to Mardi Gras in New Orleans and you'll see the tolerance of police officers in action every year. People get pretty dam_n abusive before anyone is charged with anything. The behavior of many drunk and disorderly students in the United States; swearing at police officers, giving them the "finger" and other behavior would certainly result in an arrest here in Thailand. I wouldn't hesitate for a New York second to smile and "wai" a Thai police officer even while being arrested here! In Thailand you dam_n well better thank the Police officer for arresting you if you know what's good for you. However more often than not in America, disorderly and abusive citizens are just told to go home and are not arrested. For people in Thailand who have never been to America and only know it second hand you do a great disservice to our country. You mislead them into thinking there is a parallel between the freedom here in Thailand and that in the United States. There is not.

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

excuse me, who programmed you?

laws are chosen by and for the public, to protect certain rights and support/protect certain values and freedom of all, their elected representatives, ideally to protect the people and especially people who might be vip- and/or public figures!

Insult, blackmail, bully or mob someone in the US or any europaean State - you will see... what's going to happen, as this man is born in Thailand, lived most of the time in thailand, so he must have been aware of LM - it's like speeding a car or shooting someone, rob a bank maybe and then insist one didn't know - thats mega ignorant if not stupid - like da torpedo!

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"Thai-born Lerpong Wichaikhammat"

sure doesn't sound American...

America is a Nation of immigrants. They don't come all from Texas or are Montana mountain boys.

How American sounds Tȟatȟaŋka Iyotȟaŋka or Tȟašúŋke Witkó for you? The immigrants know them by the name Sitting Bull and Crazy Horse.

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...the book that basically trashes the royal family here. It's not a particularly well written or well researched book.

None of that is accurate. And most scholars of the subject and critical reviews of the book would disagree with the above.

But as for the arrest -- the guy was either out to prove a point for an arguably worthy cause or foolish and paid for it.

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Peole 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.

Your wrong on so many levels and unfortunately I can only address one of them as I don't want to be accused of LM. First of all your assertion that in America you can be arrested for just "showing" a police officer disrespect is totally misleading and for the most part false. You have to go to a pretty far extreme to get yourself arrested in the United States for disorderly conduct. It usually involves psychical contact with the police officer, alcoholic inebriation or in laymen's terms being just plan drunk. Over 90% of the arrests in the United States for disorderly conduct are usually accompanied by a charge of "Resiting Arrest." Yes, if you are unduly loud or boisterous you can be arrested for disorderly conduct but it's not the norm. I have personally witnessed many police officers over the years being subjected to screams of students calling them "Pigs" and saying "Oink, Oink" to the police officers and the police did not arrest anyone. I have seen amazing toleration by police officers at college campus's in the United States by drunk and disorderly students. Go to "Spring Break" in Florida or to Mardi Gras in New Orleans and you'll see the tolerance of police officers in action every year. People get pretty dam_n abusive before anyone is charged with anything. The behavior of many drunk and disorderly students in the United States; swearing at police officers, giving them the "finger" and other behavior would certainly result in an arrest here in Thailand. I wouldn't hesitate for a New York second to smile and "wai" a Thai police officer even while being arrested here! In Thailand you dam_n well better thank the Police officer for arresting you if you know what's good for you. However more often than not in America, disorderly and abusive citizens are just told to go home and are not arrested. For people in Thailand who have never been to America and only know it second hand you do a great disservice to our country. You mislead them into thinking there is a parallel between the freedom here in Thailand and that in the United States. There is not.

Ditto.

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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.

But how would you know? Have you read it yourself?

This guy obviously sees himself as some sort of activist...

Maybe he has a mission. Is that a bad thing?

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?

Like being on the right side of the fence, and only write things that support the powers that throws people into jail for years merely for stating an opinion or linking to a book.

Surely, that is the kind of activism that improves the world.

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The book in question is actually quite well written and is a very interesting read, whether or not one agrees with the content in total. It is, of course, legal to buy and read abroad. More than a few copies (as claimed) have been sold worldwide! Just don't try to bring a copy here or discuss its contents.

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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 rid 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?

Wow...I guess only causes you approve of are "worthy" Do you consider yourself too stupid to decide on your own what to read?

It is obvious that he must have read it.

I wonder if he filed a complaint at the nearest police station next to him about the "criminal" who gave him that book to read it.

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The book in question is actually quite well written and is a very interesting read, whether or not one agrees with the content in total. It is, of course, legal to buy and read abroad. More than a few copies (as claimed) have been sold worldwide! Just don't try to bring a copy here or discuss its contents.

It has sold very well.

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

'We can onfirm that he is an American citizen,' a spokesman told AFP.

Unless he has renounced his Thai nationality, there is not much the US consul can do for him, except perhaps advise him of his rights and inform his family in the US. Under the Master Nationality Rule a dual national must be regarded primarily as a national of the country he is in, if he is a citizen of that country. Thus the US government could not make representations to the Thai government on his behalf (if is still Thai), or, if it did, the Thai government would be entitled to respond that it was an internal affair involving one of their own citizens. The judiciary is also likely to view him as some one who should know better, since he lived in Thailand till age 35, even if he has renounced Thai citizenship. I think people like Harry Nikailides, the Swiss man who defaced posters in the Chiang Mai were treated a bit more lenience by the court and, more importantly, given royal pardons within a couple of weeks of conviction, perhaps on the grounds that they had an imperfect understanding of Thai culture. The flip side of an early royal pardon for convicted foreigners is, of course, that they can be deported and permanently blacklisted after serving their sentences which cannot happen to a Thai citizen under the constitution.

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I'm a little confused. Is the book linked to by an American, a Thai, or an Australian?

I believe the book that is being discussed was by an australian.

The book's author is American.

Harry Nicolaides is Australian. And he wrote that book that is being discussed in the OP.

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edit to add.

Have to correct myself.

see post below.

The OP mentions a book written by the Australian Harry Nicolaides who was arrested in Thailand. he wrote a novel, fiction.

But the book the blogger in question alleged posted a link to, was written by an American. Its a book of more academic nature and a biography.

Edited by samurai
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The book in question is actually quite well written and is a very interesting read, whether or not one agrees with the content in total. It is, of course, legal to buy and read abroad. More than a few copies (as claimed) have been sold worldwide! Just don't try to bring a copy here or discuss its contents.

It has sold very well.

Two different books are being discussed in this thread.

One sold a few copies and was written by an Australian. The book mentioned in the OP was by an American and sold 250,000 copies (so-so sales when compared to top books).

Edited by Buchholz
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The book in question is actually quite well written and is a very interesting read, whether or not one agrees with the content in total. It is, of course, legal to buy and read abroad. More than a few copies (as claimed) have been sold worldwide! Just don't try to bring a copy here or discuss its contents.

It has sold very well.

I have no comment on the contents of the book or its sales figures but the governors of the ivy league university press in question rejected an entreaty from a former US president not to publish it on the grounds that they believed it was a serious academic work that should be published even though many people might disagree with its theses.

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I'm a little confused. Is the book linked to by an American, a Thai, or an Australian?

I believe the book that is being discussed was by an australian.

The book's author is American.

Harry Nicolaides is Australian. And he wrote that book that is being discussed in the OP.

Wrong. It's mentioned in the blog's full entry, but it's not the book in question as to being posted on the accused's website (this information is also in the blog's full entry provided on the link).

Always good to read the full entry or article when a link is provided. ;)

.

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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.

depressing comment - and naive

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