to hear the verdict. For posting 10 lèse majesté messages on Facebook, the military court punished him separately for 10 counts, with seven years in prison for each count, totalling 70 years in prison for the whole case. The defendant confessed so that the penalty would be reduced by half, to three years and six months for each count. Thus, the defendant was sentenced to 30 years and 60 months, or 35 years. Whoever makes an appearance to the public by words, writings or any other means which is not an act within the purpose of the Constitution or for expressing an honest opinion or criticism in order: • To bring about a change in the Laws of the Country or the Government by the use of force or violence; • To raise unrest and disaffection amongst the people in a manner likely to cause disturbance in the country; or The case of Wichai was marked as the case with the highest punishment that has ever been recorded. Case study 6: “Tanet”11 “Tanet” is an alias of a man who has paranoid schizophrenia. “Tanet” was accused of sending an email to an English man with a link to some content that was deemed to be defamation of the King and the Heir. After being arrested, he was sent to have a mental examination and the doctor agreed that he has mental illness. “Tanet” told the doctor that he has heard whispers in his ears for years, telling him to do or not to do something, including sending the email which lead to the prosecution. The defence lawyer argued that “Tanet” had sent the email under the influence of mental illness, with a doctor’s certification and testimony. The court sentenced him to five years imprisonment, reduced to three years and four months. The court was not convinced that while committing the offence, the defendant was oblivious to morality or was unable to control himself due to his mental disorder. Thus, the defendant could not cite it as a reason to exonerate himself. Sedition: Section 116 of the Penal Code The sedition law in Thailand is located in Section 116 of the Thai Penal Code,12 and is classed under offences against internal security in Sections 113 to 118 of the Thai Criminal Code.13 Section 116 states: • To cause the people to transgress the laws of the Country, shall be punished with imprisonment not exceeding seven years. While Section 116 is aimed at preventing expression which affects national security, Section 116 itself allows people to exercise their constitutionally protected right to freely criticise the government mandate, legislation and policy issued by the government as long as it is a good faith statement. Therefore, whether the expression of the people is a request to revoke or amend the laws or a request to change the government, as long as it is a peaceful expression without harm, those expressions shall not be considered as an offence under Section 116. Before the NCPO regime, Section 116 was also used by many governments to charge leaders of big movements or demonstrations that demanded a change in government. In many of those cases, Section 116 was used to charge people with other less severe offences and many times the court dismissed sedition charges. Under the military rule, sedition charges have frequently been used to target peaceful criticism of the military, its leaders, its policies and the May 2014 coup. From 22 May 2014 to 18 August 2017, at least 66 individuals (in 26 cases) have been charged with sedition under Section 116.14 In most cases, the accused had just expressed their opinion peacefully. The problems of the enforcement of Section 116 The main problems with the NCPO’s use of the sedition law are outlined below. Ambiguity of the legal provisions 11 “Tanet”: Sending an email with mental disorder. Freedom of Expression Documentation Centre. https://freedom.ilaw.or.th/en/ case/614 12 English translation sourced from: http://library.siam-legal.com/ thai-law/criminal-code-offense-internal-security-sections-113-118 13 English translation sourced from: https:// www.thailandlawonline.com/laws-in-thailand/ thailand-criminal-law-text-translation#chapter-2 Some of the essential elements of the offence under Section 116 are clear themselves; however, 14 iLaw. (2017, 13 September). Section 116: When ‘Sedition’ is used as the obstruction of freedom of expression. Freedom of Expression Documentation Centre. https://freedom.ilaw.or.th/en/blog/ section-116-when-%E2%80%98sedition%E2%80%99-usedobstruction-freedom-expression THAILAND / 123