66
Dictating the Internet:
persons arrested for violating lesè majesté provisions sign an agreement
allowing the authorities to access information in their electronic devices
without any court warrant, and committing that they will not make similar
comments again, as a prerequisite to dropping criminal charges.214
As will be evident from cases below, lesè majesté has been used
as a justification not only to prosecute statements critical of the monarchy
but also to curtail academic or theoretical discussions about political theory,
history, and governance. Expression or information deemed to offend the
monarchy has not only been prosecuted pursuant to lesè majesté provisions
in the law, but also other provisions relating to sedition or regulation of
online communications.
Case of Karn Pongpraphapan
In October 2019, Karn Pongpraphapan, a pro-democracy activist, was
arrested and detained under the CCA following posts he had made on
Facebook referring to how monarchic rule in Russia, France and Germany
had been overthrown by popular revolution. His posts had come soon after
widespread circulation of a hashtag on Twitter that expressed netizens’
discontent with the manner in which a Thai royal motorcade had blocked
traffic in Bangkok.
In announcing the arrest, the police implicitly alluded to a link between
the activist’s Facebook posts and the trending hashtag by stating that
“(o)ver the last week, bad actors have started inappropriate hashtags
on social media, resulting in the arrested person posting inappropriate
content on Facebook which stirred hatred”.215
Karn was released on bail, on conditions that he would not post similar
content online again.216
social media platforms’, Straits Times, 25 September 2019, Available at: https://www.straitstimes.
com/asia/se-asia/thailand-to-open-fake-news-centre-by-nov-1-to-address-rumours-on-socialmedia-platforms; Zsombor Peter, ‘Thailand’s Anti-Fake News Center Fans Fears of Censorship’,
VOA, Available at: https://www.voanews.com/east-asia-pacific/thailands-anti-fake-news-centerfans-fears-censorship; See Section III (viii) for further discussion on the CCA.
214 ICJ communication with partners. In one instance, the ICJ was informed that such agreement
had referred to the Cybersecurity Act to justify access to information in electronic equipment. See
section III (viii) and footnote 531.
215 Reuters, 8 October 2019.
216 Bangkok Post, 8 October 2019.