TV Forum change in Rule #1 / Libel Laws - Updated

[seedy]

Please be advised that this rule has been changed - not a big concern on this Forum, but to make all members aware -

This means NO discussion, speculation, cryptic comments, etc.

http://www.thaivisa.com/forum/topic/878797-updated-notice-to-members-posting-in-thailand-news/?p=10194245

Thank You.

[seedy]

Your post regarding Lese Majeste and Thai Libel Laws and Thaivias' approach going forward is welcome by myself and many other Members.

I think that there is also a need to advise some Members of the actual situation they may face under all 3 groups of Thai Libel Laws (Wikipedia).

As you know, the structure of offences of insult or defamation in the current Thai Criminal Code is divided into three groups and six levels:

The first group is insult or defamation against ordinary persons. Insult against another person in his or her presence under Section 393 has a penalty of imprisonment for a term not exceeding one month or a fine not exceeding 1,000 baht, or both. The penalty for defamation under Sections 326 to 333 is imprisonment for a term not exceeding one year or a fine not exceeding 20,000 baht, or both. The penalty for defamation by means of publication is imprisonment of up to two years or a fine of up to 200,000 baht.

The second group is insult or defamation against state officials or the court. Insulting officials (Section 136) carries a penalty of imprisonment for up to one year or a fine of up to 20,000 baht, or both. Insulting the court or the judge (Section 198) presiding over a case carries a penalty of imprisonment for four to seven years, or a fine of 2,000 to 14,000 baht, or both.

The third group is insult against the head of state of foreign countries or lèse-majesté. Insulting or threatening the king, queen, consort, heir-apparent, or the head of state of foreign countries (Section 133), which is an offence against friendly relations with foreign states, is punishable by one to seven years imprisonment or a fine of 2,000-140,000 baht, or both. The penalty for defaming, insulting or threatening the Thai monarch, the queen, heir-apparent, or regent (Section 112) is imprisonment for three to 15 years. Insulting or defaming a representative of a foreign state accredited to the royal court has the penalty of imprisonment for a term of six months to 15 years or a fine of 1,000-10,000 baht, or both.

Since May 2014, the junta has brought 53 lèse majesté cases, 40 for comments posted or shared online. I believe that in addition to the third group of Libel Laws in Thailand (Lese Majeste) some Members of Thaivisa are leaving themselves open to be charged under the first and second group, and are probably not aware of it. The reality is that where many Expats/Members come from, it is OK to express negative and insulting comments to others and it is not illegal. But it Thailand it is illegal to insult or offend another person - any person - the penalties are most severe for offences against the Royal Family, but it is an offence against anyone. Some Thaivisa Members make constant and ongoing insults at Thai people, even against Thai people they know or who posts have been made about, in the open and public Forums. Myself and others dislike it and when it gets over the top we have sometimes expressed this view - but some Memebers feel it is their 'right' to openly and publicly ridicule and insult Thai people (they still think they are back home - or they dont care).

It would not surprise me at all to hear soon that a Thaivisa Member has been arrested and charged with offences against the Thailand Libel Laws (group 1 or 2). I feel that some Thaivisa Members need to be warned of their behaviour and advised of this potential outcome. I was thinking that I would make a post myself in this regards, but I thought better of that. Could I ask you to discuss this with Management of Thaivisa and perhaps get some expert/legal opinion - and then clearly detail to all Members where the line is. I would also hate to see anyone associated with the Thaivisa business itself, be in trouble for not taking appropriate actions against possible breaches by Thaivisa Members against all 3 groups of Thailand Libel Laws - not just group 3.

I understand that offences under group 3 laws can occur at any time and in any manner, but that offences under group 1 laws need to be "in in his or her presence", but offences under group 2 (eg. State Officials) are the same as under group - the person offended does not have to be present at that time. I also think that in the Thai legal system, the interpretation of "in his or her presence" under group 1 laws, could well include posts made today and read tomorrow on the internet.

If something can be done to 'tone down' some Thaivisa Members that would be a good outcome - for Thaivisa, for Members like myself, for Thai people, and for the 'said' Members themselves. No one should be put in a Tha jail pending trial/court, for insulting someone else - but that is the law in Thailand and 'This Is Thailand'.