ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-097-2008

13 May 2008
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THAILAND: Websites are denounced for allowing forum discussions

ISSUES: Denial of freedom of speech & freedom of expression
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information that two Thai websites (Fah Diew Kan and Prachatai) have been charged under Article 116 (2) of the Criminal Code for publishing discussions of a man's refusal to stand during the Royal Anthem. This is in violation of the freedom of expression as set down in the Constitution of Thailand, and the International Covenant on Civil and Political Rights (ICCPR). 

CASE DETAILS:

According to news reports, on April 28, the owners of two Thai websites, Fah Diew Kan and Prachatai were charged under Article 116(2) of the Thai Criminal Code in Khon Kaen province for publishing discussions on their website forums regarding Chotisak Oonsoong who refused to stand whilst the Royal Anthem was being played at a cinema. According to the reports, the complaint alleges that most of the comments on the websites supported Chotisak's act and showed a desire to abolish the monarchy.

Article 116(2) of the Thai Criminal Code states that anyone who publicises either verbally, in writing, or by any other means with the purpose of inciting unrest in the public, is liable to a maximum of 7 years imprisonment. As a result of this law, the owners of the websites must go to Khon Kaen provincial police station to answer the charges. Theoretically they could be sued in every other of the 76 provinces and have to spend their time traveling around the country, in order to answer any further charges.

Section 45, Paragraph 4 of the 2007 Constitution of Thailand guarantees freedom of speech. The website forums are a place where members of the public can express an opinion in accordance with this section of the constitution and are not aimed at causing disorder or inciting abolitionist sentiments.
 
ADDITIONAL COMMENTS:

In recent years, independent media in Thailand have been increasingly targeted through legal action, defamation and libel charges. Previously, an administrative order was issued against Fah Diew Kan magazine on the grounds that an article in one of its publications regarding the monarchy "may upset public order or morality" (UA-112-2006).

Media reform campaigner Supinya Klangnarong won a criminal defamation case lodged against her by the corporation formerly owned by the family of the prime minister (UP-046-2006). Community radio stations have come under increasing attack and a farmer lost a case against his station on the ground that it breached antiquated broadcast regulations (UP-024-2006). The sister organisation of the AHRC, the Asian Legal Resource Centre (ALRC), raised his case as one of special concern in a written submission to the UN in 2006 (E/CN.4/2006/NGO/63). Thailand has ratified the ICCPR in 1996 and the UN Human Rights Committee also raised its concerns about declining freedom of expression in the country in its concluding observations to the country's report under the ICCPR in 2005:

"The Committee is concerned about reports of intimidation and harassment against local and foreign journalists and media personnel as well as of defamation suits against them, originating at the highest political level... The State party [Thailand] should take adequate measures to prevent further erosion of freedom of expression, in particular, threats to and harassment of media personnel and journalists, and ensure that such cases are investigated promptly and that suitable action is taken against those responsible, regardless of rank or status." [CCPR/CO/84/THA, 28 July 2005, para. 18]

Under criminal procedure, when someone lodges a complaint to the police the investigating police officers have to conduct an enquiry and collect evidence. The investigator has to search for the owners of websites then ask them to come to the police station to inform them of the charges brought against them and to question them as part of the investigation. The police are responsible for investigating until a decision is made on whether there is enough evidence to proceed to a public prosecutor and to court. This case can be withdrawn not by the complainant but by the police.

SUGGESTED ACTION:
Please write letters to authorities listed below asking for the immediate withdrawal of the charges against Fah Diew Kan and Prachatai.

The AHRC has also written a separate letter to the UN Special Rapporteur on freedom of expression calling for an intervention in this case.

To support this appeal, please click here:

SAMPLE LETTER:

Dear ___________,

THAILAND: Websites are sued for allowing forum discussions

Name of websites denounced: Fah Diew Kan and Prachatai; charged under Article 116(2) of the Thai Criminal Code in Khon Kaen province on 28 April 2008

I am writing to voice my strong objection to the charges made on April 28 against the owners of the websites Fah Diew Kan and Prachatai.

This action is in direct contravention of the freedom of expression as set out in section 39 of the 1997 Constitution of Thailand and article 19 of the International Covenant on Civil and Political Rights (ICCPR), to which Thailand is a party.

I ask that you withdraw the charges against the owners of the websites Fah Diew Kan and Prachatai without delay, since it violates national and international laws on freedom of expression.

If you persist in taking this step, you must give an opportunity for the representatives of Fah Diew Kan and Prachatai to justify themselves before proceeding.

In making your decision, you need to consider Thailand's international obligations under the ICCPR. In this respect, I wish to remind you of an important section of the concluding observations of the UN Human Rights Committee to the report of Thailand in 2005:

"The Committee is concerned about reports of intimidation and harassment against local and foreign journalists and media personnel as well as of defamation suits against them, originating at the highest political level... The State party [Thailand] should take adequate measures to prevent further erosion of freedom of expression, in particular, threats to and harassment of media personnel and journalists, and ensure that such cases are investigated promptly and that suitable action is taken against those responsible, regardless of rank or status." [CCPR/CO/84/THA, 28 July 2005, para. 18]

I trust that you will take care to recall these recommendations before proceeding with this unnecessary and deeply problematic action. I further urge that the existing civil defamation law is reviewed to bring it into line with international standards. Until these changes take place, the people of Thailand will not feel free to speak, broadcast or publish their comments without fear of prosecution.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. Samak Sundaravej
Prime Minister
c/o Government House
Pitsanulok Road, Dusit District
Bangkok 10300
THAILAND
Fax: +66 2 282 8631 / 280 1589 / 629 8213
Tel: +66 2 280 1404 / 3000
E-mail: spokesman@thaigov.go.th

2. Mr. Sompong Amornwiwat
Minister of Justice
Office of the Ministry of Justice
Ministry of Justice Building
22nd Floor Software Park Building,
Chaeng Wattana Road
Pakkred, Nonthaburi 11120
THAILAND
Fax: +66 2 502 6699/ 6734 / 6884
Tel: +66 2 502 6776/ 8223
E-mail: om@moj.go.th

3. Mr. Chalerm Yoobumrung
Minister of Interior
Office of the Ministry of Interior
Atsadang Road, Ratchabophit
Pranakorn, Bangkok 10200
THAILAND
Fax: +66 2 226 4371 / 222 8866
Tel: +66 2 224 6320 / 6341
E-mail: om@moi.go.th

4. Mr. Noppadon Pattama
Minister of Foreign Affair
Office of the Minister of Foreign Affair
443 Sri Ayudhya Road
Ratchathevee, Bangkok 10400
THAILAND
Fax: +66 2 643 5318
Tel: +662 643 5333

5. Pol. Gen.Patcharavat Wongsuwan
Commissioner-General
Royal Thai Police
1st Bldg, 7th Floor
Rama I Road, Patumwan
Bangkok 10330
THAILAND
Fax: +66 2 251 5956/ 205 3738/ 255 1975-8
E-mail: feedback@police.go.th

6. Mr. Chaikasem Nitisiri
Attorney General
Office of the Attorney General
Lukmuang Building
Nahuppei Road
Praboromrachawang, Pranakorn,
Bangkok 10200
THAILAND
Fax: +66 2 224 0162 / 1448/ 221 0858
Tel: +66 2 224 1563 / 222 8121-30
E-mail: ag@ago.go.th

7. Pol.Maj.Gen. Sakda Taechakreangkrai
Khon Kaen Provincial Police Station
Government centre Road, NaiMaeung sub-district,
Maeung district, Khonkaen province,
THAILAND
Fax: +66 43 23 6300
Tel: +66 43 23 5095 - 8
E-mail: Ngathip@gmail.com 

8. Mr. Jet Thanawat
Khon Kaen provincial Governor
Khon Kaen provincial office
NaiMaeung sub-district,
Maeung district, Khonkaen province,
THAILAND
Fax: +66 43 33 1515
Tel: +66 43 33 1515
E-mail: khonkaen@moi.go.th 

9. Prof. Saneh Chamarik
Chairperson
National Human Rights Commission of Thailand
422 Phya Thai Road
Pathumwan, Bangkok 10300
THAILAND
Fax: +66 2 219 2940

10. Mr. Homayoun Alizadeh
Regional Representative for Asia-Pacific of OHCHR
UNESCAP
UN Secretariat Building, 6th Fl., Room A-601
Rajdamnern Nok Ave.
Bangkok 10200,
THAILAND
Fax: +662 288 3009

Thank you.

Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)