there are some gaps for the other parts which can be interpreted in many aspects, such as the words: “To raise unrest and disaffection amongst the people.” It is not certain what action is considered as the expression against Section 116. The lack of any guiding, objective speech test or standard to measure the seditious elements of speech is problematic due to the ambiguous nature of the terms “raise unrest and disaffection” or “likely to cause disturbance.” This ambiguity has clearly opened the floodgates for criminalising a broad pool of public and private speech. The majority of sedition prosecutions centre around criticism that does not constitute direct or implicit advocacy of violence Most of the recent cases do not genuinely constitute sedition. They are merely statements or conduct expressing one’s own opinion about the political situation, and generally lacking any exhortations or urging of lawlessness or violence. This originates from a distorted view of how speech can translate into action, and thus, fails to distinguish between legitimate criticism of the government and actual seditious speech. A central element to this distortion is that the limits on protected speech before it can be classed as seditious are extremely low, to the point where a simple expression of dissent is taken to mean exhorting disorder. This has the effect of censoring legitimate and good-faith criticisms of the NCPO. Sedition prosecutions have been systematically directed at critics of the NCPO The charges have been used as a repressive political tool to deter dissent by prominent anti-government critics such as ministers under the former Yingluck Shinawatra government (Chaturon Chaisang, Pichai Naripthapan), renowned journalists (Pravit Rojanaphruk), human rights defenders (Sirikan June Chaorensri) and activists with a popular following (Sombat Boongam-anong). This is also evidenced by the increase in the frequency of sedition charges and prosecutions during periods of perceived political turbulence, such as immediately after the May 2014 coup; when there were rumours of corruption in military projects in late 2015; and during the trials of Yingluck Shinawatra and ministers in her former cabinet over a corruption allegation. When the military arrested and charged people for sedition, press conferences were usually held in order to spread fear among the public that charges for a severe offence had been granted as a result of dissent against the NCPO. Burdens placed on the accused to fight national security charges Section 116 falls under the Penal Code chapter of offences against national security and carries a severe punishment of up to seven years in prison. This penalty rate can lead to pre-trial detention for up to 48 days. During this period the accused has to find an amount of security to request bail. The courts usually require around 70,000 to 150,000 baht (USD 2,100 to 4,500) as a security for a sedition charge. However, in one case, the court called for 400,000 baht (USD 12,000) as a security; the accused did not have enough money, so he was detained in prison for the pre-trial duration. The NCPO also issued Announcement No. 37/2014 through which civilian cases involving offences against national security are to be tried under the jurisdiction of military courts. The sedition charge therefore was used to charge NCPO opponents who the NCPO saw as untamed persons and wanted to put under control. Even though sometimes military courts dismissed sedition charges, the accused have never felt safe to be provided the rights to a fair trial. Case study 1: Chaturon Chaisang15 On 27 May 2014, Chaturon Chaisang, the education minister under the former Yingluck Shinawatra administration, was arrested and charged with sedition for publicly stating his opposition to the 22 May 2014 military coup at a press conference at the Foreign Correspondents Club of Thailand (FCCT). The statements in his speech included the following: For dozens of years over these last years, I have indicated that in my opinion, no matter how difficult a problem the country was faced with, a coup was not the way out. If one did occur, then it would always exacerbate the problem. When the coup this time occurred, I had the same opinion and have indicated my opinion in opposition to the coup. Coups are not the way out or solution to problems of divisiveness in society. If they come along they create even more divisiveness. What’s worrisome is that if those in power don’t manage things well it might create violence and increased loss. 15 “Chaturon: Defying NCPO order, Section 116, CCA”. Freedom of Expression Documentation Centre. https://freedom.ilaw.or.th/en/ case/600 124 / Unshackling Expression