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Dictating the Internet:
In clarifying the scope of State obligations to respect and protect
freedom of expression under the ICCPR, the UN Human Rights Committee
has expressed concern that lèse majesté laws may unduly restrict public
debate:
“(T)he mere fact that forms of expression are considered to be
insulting to a public figure is not sufficient to justify the imposition of penalties,
albeit public figures may also benefit from the provisions of the Covenant.
Moreover, all public figures, including those exercising the highest political
authority such as heads of state and government, are legitimately subject
to criticism and political opposition. Accordingly, the Committee expresses
concern regarding laws on such matters as lese majesty… and laws should
not provide for more severe penalties solely on the basis of the identity of
the person that may have been impugned.”193
In February 2017, the UN Special Rapporteur on freedom of
expression David Kaye stated that “lesè majesté provisions have no place
in a democratic country” and that “the fact that some forms of expression
are considered to be insulting to a public figure is not sufficient to justify
restrictions or penalties” even if these figures include “those exercising the
highest political authority”.194 Former Special Rapporteur Frank La Rue had
previously clarified that the proportionality of lesè majesté provisions should
be read in line with the international legal standards on defamation, and
should not impose criminal penalties.195
Thailand
In Thailand, the criminal offence of lesè majesté has been extensively
used to charge, convict and imprison individuals not only for expressing
their opinions online, but also for merely ‘sharing’ or ‘liking’ posts on social
media platforms relating to the King.196 Article 112 of the Criminal Code
193 CCPR/C/GC/34, para 38.
194 OHCHR, ‘Thailand: UN rights expert concerned by the continued use of lèse-majesté prosecutions’,
7 February 2017, Available at: https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.
aspx?NewsID=21149&LangID=E
195 Communication No. THA 5/2011 from UN Special Rapporteurs on freedom of expression and on
the situation of human rights defenders to Government of Thailand, 10 June 2011, Available at:
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=21153;
Communication No. THA 10/2011 from UN Special Rapporteurs on freedom of expression, on
the right to health and on torture and cruel, inhumane and degrading treatment to Government
of Thailand, 6 January 2012, Available at: https://spcommreports.ohchr.org/TMResultsBase/
DownLoadPublicCommunicationFile?gId=21524
196 iLaw Freedom of Expression Documentation Centre, ‘10 Q&A about lèse majesté law’, Available
at: https://freedom.ilaw.or.th/en/freedom-of-expression-101/QA-112; See for eg. January 2018
case of Chanoknan Ruamsap who was summoned to answer a lèse majesté charge for ‘sharing’
a BBC article on the King on Facebook, Thai Lawyers for Human Rights, ‘Changes in Thailand’s