Lm

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http://www.prachatai.com/english/news.php?id=117

CPMR
24 July 2007
On 18 July 2007, the Computer Crime Act B.E.2550 (2007) came into force. It took 9 years from the initial draft to the successful passage by the National Legislative Assembly (NLA), appointed by the Council for National Security(CNS). An unofficial translation of the Computer Crime Act follows.

Chapter 2

Competent Officials



Section 18. Within the power of Section 19 and for the benefit of an investigation, if there is reasonable cause to believe that there is the perpetration of an offence under this Act, then a relevant competent official shall have any of the following authorities only as necessary to identify a person who has committed an offence in order to:

(1) issue an inquiry letter to any person related to the commission of an offence under this Act or summon them to give statements, forward written explanations or any other documents, data or evidence in an understandable form.

(2) call for computer traffic data related to communications from a service user via a computer system or from other relevant persons.

(3) instruct a service provider to deliver to a relevant competent official service users-related data that must be stored under Section 26 or that is in the possession or under the control of a service provider;

(4) copy computer data, computer traffic data from a computer system, in which there is a reasonable cause to believe that offences under this Act have been committed if that computer is not yet in the possession of the competent official;

(5) instruct a person who possesses or controls computer data or computer data storage equipment to deliver to the relevant competent official the computer data or the equipment pieces;

(6) inspect or access a computer system, computer data, computer traffic data or computer data storage equipment belonging to any person that is evidence of, or may be used as evidence related to, the commission of an offence or used in identifying a person who has committed an offence, and instruct that person to send the relevant computer data to all necessary extent as well;

(7) decode any person's computer data or instruct any person related to the encryption of computer data to decode the computer data or cooperate with a relevant competent official in such decoding;

(8) seize or attach the suspect computer system for the purpose of obtaining details of an offence and the person who has committed an offence under this Act;

Section 19. The power of authority of the relevant competent official under Section 18 (4), (5), (6), (7) and (8), is given when that competent official files a petition to a court with jurisdiction for an instruction to allow the relevant competent official to take action. However, the petition must identify a reasonable ground to believe that the offender is committing or going to commit an offence under the Act as well as the reason of requesting the authority, including the characteristics of the alleged offense, a description of the equipment used to commit the alleged offensive action and details of the offender, as much as this can be identified. The court should adjudicate urgently such aforementioned petition.

When the court approves permission, and before taking any action according to the court's instruction, the relevant competent official shall submit a copy of the reasonable ground memorandum to show that an authorization under Section 18 (4), (5), (6), (7) and (8), must be employed against the owner or possessor of the computer system, as evidence thereof. If there is no owner of such computer thereby, the relevant competent official should submit a copy of said memorandum as soon as possible.

In order to take action under Section 18 (4), (5), (6), (7) and (8), the senior officer of the relevant competent official shall submit a copy of the memorandum about the description and rationale of the operation to a court with jurisdiction within forty eight (48) hours after the action has been taken as evidence thereof.

When copying computer data under Section 18 (4), and given that it may be done only when there is a reasonable ground to believe that there is an offence against the Act, such action must not excessively interfere or obstruct the business operation of the computer data's owner or possessor.

Regarding seizure or attachment under Section 18 (8), a relevant competent official must issue a letter of seizure or attachment to the person who owns or possesses that computer system as evidence. This is provided, however, that the seizure or attachment shall not last longer than thirty days. If seizure or attachment requires a longer time period, a petition shall be filed at a court with jurisdiction for the extension of the seizure or attachment time period. The court may allow only one or several time extensions, however altogether for no longer than sixty days. When that seizure or attachment is no longer necessary, or upon its expiry date, the competent official must immediately return the computer system that was seized or withdraw the attachment.

The letter of seizure or attachment under paragraph one shall be in accordance with a Ministerial Rule.

Section 20. If an offence under this Act is to disseminate computer data that might have an impact on the Kingdom's security as stipulated in Division 2 type 1 or type 1/1 of the Criminal Code, or that it might be contradictory to the peace and concord or good morals of the people, the competent official appointed by the Minister may file a petition together with the evidence to a court with jurisdiction to restrain the dissemination of such computer data.

If the court gives an instruction to restrain the dissemination of computer data according to paragraph one, the relevant competent official shall conduct the restraint either by himself or instruct the Service Provider to restrain the dissemination of such computer data.

Chapter 2 continued in next post

[GWR]

http://www.prachatai.com/english/news.php?id=117

CPMR
24 July 2007
On 18 July 2007, the Computer Crime Act B.E.2550 (2007) came into force. It took 9 years from the initial draft to the successful passage by the National Legislative Assembly (NLA), appointed by the Council for National Security(CNS). An unofficial translation of the Computer Crime Act follows.

Section 21. If a relevant competent official found that any computer data contains undesirable sets of instructions, a relevant competent official with the authority to prohibit the sale or dissemination of such, may instruct the person who owns or possesses the computer data to suspend the use of, destroy or correct the computer data therein, or to impose a condition with respect to the use, possession or dissemination of the undesirable sets of instructions.

The undesirable sets of instructions under paragraph one shall mean to include sets of instructions that cause computer data, a computer system or other instruction sets to be damaged, destroyed, corrected, changed, added, interrupted or, fail to perform according to pre-determined instructions or otherwise as required by a relevant Ministerial Rule, with the exception of sets of instructions aimed at preventing or correcting the foregoing sets of instructions as required by a Minister and published in the Government Gazette.

Section 22. A relevant competent official shall not disclose or deliver computer data, computer traffic data or service users' data acquired under Section 18 to any person.

The provisions under paragraph one shall not apply to any actions performed for the benefit of lodging a lawsuit against a person who has committed an offence under this Act or for the benefit of lodging a lawsuit against a relevant competent official on the grounds of their abuse of authority or for action taken according to a court's instruction or permission.

Any competent official who violates paragraph one must be subject to imprisonment for no longer than three years or a fine of not more than sixty thousand baht, or both.

Section 23. Any competent official who commits an act of negligence that causes a third party to know of computer data, computer traffic data or a service user's data acquired under Section 18 must be subject to imprisonment for no more than one year or a fine of not more than twenty thousand baht, or both.

Section 24. Any person knowing of computer data, computer traffic data or a service user's data acquired by a relevant competent official under Section 18 and disclosing it to any person shall be subject to imprisonment for no longer than two years or a fine of not more than forty thousand baht, or both.

Section 25. Data, computer data or computer traffic data that the competent official acquired under this Act shall be admissible as evidence under the provision of the Criminal Procedure Code or other relevant law related to the investigation, however, it must not be in the way of influencing, promising, deceiving or other wrongful ways.

Section 26. A service provider must store computer traffic data for at least ninety days from the date on which the data is input into a computer system. However, if necessary, a relevant competent official may instruct a service provider to store data for a period of longer than ninety days but not exceeding one year on a special case by case basis or on a temporary basis.

The service provider must keep the necessary information of the service user in order to be able to identify the service user from the beginning of the service provision, and such information must be kept for a further period not exceeding ninety days after the service agreement has been terminated.

The types of service provider to whom the provisions under paragraph one shall apply and the timing of this application shall be established by a Minister and published in the Government Gazette.

A service provider who fails to comply with this Section must be subject to a fine of not more than five hundred thousand baht.

Section 27. If any person fails to comply with the instructions of court or relevant competent official under Section 18 or Section 20 or fails to comply with the court's instruction under Section 21 shall be subject to a fine of not more than two hundred thousand baht and a further daily fine of not more than five thousand baht until the relevant corrective action has been taken.

Section 28. Regarding the appointment of a competent official under this Act, the Minister shall appoint persons with knowledge of, and expertise in, computer systems and having the qualifications as required by the Minister.

Section 29. In performance of the duties under this Act, the competent official appointed by the Minister shall be an administrative officer or a senior police officer under the Criminal Procedure Code competent to receive a petition or accusation and be authorized to investigate only on an offence under this Act.

In arresting, controlling, searching, investigating, and filing a lawsuit against a person who commits an offence under this Act, and for what is within the authority of an administrative officer or a senior police officer, such competent officer shall coordinate with the relevant investigating officer in charge to take action within their authorized duties.

The Prime Minister is in charge of the Royal Thai Police Headquarters and with a Minister shall have a joint authority to establish a regulation with respect to the means and action-related procedures under paragraph two.

Section 30. In the performance of duties, a relevant competent official must produce an identity card to a relevant person.

The identity card shall be as per the form required by a Minister and published in the Government Gazette.





Countersigned



General Surayud Chulanont

Prime Minister

[GWR]

Net surfers seek truth on cyber crime arrest
The Nation
06 September 2007

Net surfers have sought a Thai government explanation over a report in the Financial Times about the arrest of two Thais for alleged offensive comments about the monarchy on an Internet chat room.

They afraid that a webmaster going missing under suspicious circumstances might be one of the victims.

The webmaster, known as Phraya Phichai, who runs http://www.propaganda.forumotion.com/, which discusses the monarchy had been active on the Internet up until late last month. But the site had been blocked by the Ministry of Information and Communication Technology (ICT) since then.

Phraya Pichai is well known in the Internet community as he actively participates in web board discussions about the monarchy on many sites.

Net surfers are worried about Phraya Phichai as no one has been able to contact him since late last month when a rumour spread that he had been arrested. Many posted comments on http://www.prachatai.com/, a site for alternative news, doubting that he might be one of the two people arrested under the new

Computer Crime Act as reported by the Financial Times

In its weekend edition, the paper reported on its front page that Thai authorities had used the new law to arrest two Thais, now in custody, for offensive comments about the monarchy made on Internet chat rooms. However, the ICT Minister Sitthichai Pookaiyaudom denied knowledge of any arrests.

Pol Maj Gen Wisut Wanitchbutr, commander of the Economic and Cyber Crime division, also said his division had not arrested the two Thais.

"Lese majeste is a state crime that police from every division can make arrests for, not only my division," he said in a telephone interview. He added that he had no idea which police division arrested the two Thais as reported by the Financial Times.

The unclear information about the arrests and the disappearance of Phraya Phichai has created an uneasy atmosphere. Some net surfers were worried about being lured by police to post offensive comments against the monarchy, and some said Phraya Phichai was on line again recently.

"So who chatted with me last night? Don't tell me that someone had hacked into his computer," said a comment posted on the Prachatai web board by a net surfer identifying himself as Kampol.

On Tuesday, Fah Diew Kan ("Same Sky") Publishing house, the publisher of a radical political magazine under the same name, issued a statement demanding that all agencies related to the issue, particularly the ICT Ministry and the Royal Thai Police, explain all facts related to the Financial Times' report.

"If someone was arrested, the government and all agencies concerned with the issue must respect that person's human rights and entitlement to justice," said the statement.

The Nation

http://www.prachatai.com/english/news.php?id=196

[GWR]

Notorious website owner released
Published on September 7, 2007
'Phraya Phichai' bailed, then slips quietly away

A 37-year old man detained for two weeks at Bangkok Remand Prison on charges under the new Computer Crime Act was released on bail yesterday, a source said.

The source confirmed that the man was the webmaster for www.propaganda.forumotion.com, which mainly discusses the monarchy. The webmaster, widely known in the cyber community as Phraya Phichai, was quietly arrested two weeks ago and public access to his website has been denied since then.

Phraya Phichai, a pseudonym, became the first victim of the new Computer Crime Act, which went into effect on July 18.

Though he was arrested on August 24 by Crime Suppression police, he was first seen by his family on Wednesday. During his two weeks in custody, Phraya Phichai never consulted with a lawyer, the source said.

According to the source, Phraya Phichai was charged under Article 14 (1) and (2), which prescribes punishment of a maximum five years imprisonment or a Bt100,000 fine for posting false content on the Internet to hurt others and public security.

It was the first time that police exercised their power under the new law and the story was first reported by the Financial Times weekend edition.

Quoting a senior Thai official, the London-based paper said authorities have used the law to arrest two Thais for "what were deemed particularly offensive comments about the monarchy on Internet chatrooms".

Throughout the past two weeks, Netizens have been worrying about the arrest and disappearance of Phraya Phichai. They have sought an explanation from the Thai government about the Financial Times' report.

Assuming that Phraya Phichai was one of the two victims cited in the report, a Net surfer has started a weblog called Free Phichai, criticising the arrest and demanding the release of the webmaster.

On Tuesday, Fah Diew Kan (Same Sky) Publishing house, the publisher of a radical political magazine under the same name, issued a statement demanding that all agencies related to the issue, particularly the Information and Communications Technology (ICT) Ministry and police, explain all facts related to the Financial Times' report.

"If someone was arrested, the government and all agencies concerned with the issue must respect that person's human rights and entitlement to justice," said the statement.

The Computer Crime Act, proposed by the ICT Ministry, has been mired in controversy since it was drafted due to the excessive power of police, who are allowed to seize computers of people suspected of disseminating "insulting or pornographic" content.

The law raised concerns among both local and international human rights organisations such as Reporters Without Borders, which said it might result in an increasingly restrictive policy towards free expression online.

http://www.nationmultimedia.com/2007...l_30048078.php

[GWR]

See previous post for information on the first person arrested under the new cybercrime legislation:

Second person detained under Cyber Crime Act is found
Prachatai
07 September 2007

The second person reported to have been arrested under the new Computer Crime Act has been found detained at Bangkok Remand Prison, the same place where a 36-year-old programmer was held.

The unnamed woman was reportedly arrested on Aug 24 around noon. Officials possibly from the Information and Communications Technology Ministry and police raided her house by breaking the locks and seized a computer without producing a search warrant.

A source said that the detainee is suffering from health problems. Prachatai was told her family is aware of the detention, and is struggling to post bail due to financial constraints. A civil rights organization has been in contact.

This case marks the second detention under the Computer Crime Act. A report in the Financial Times on Sept 1-2 on the arrest of two Thais had been dismissed by both the ICT Minister Sitthichai Pookaiyaudom and Commander of the Economic and Cyber Crime Division Pol Maj Gen Wisut Wanitchbutr.

http://www.prachatai.com/english/news.php?id=198
Original Report:
http://www.prachatai.com/05web/th/ho..._Language=Thai
See following links for background:
http://www.nationmultimedia.com/2007...l_30047406.php
http://www.nationmultimedia.com/2007...l_30047943.php

.....

The Computer Crime Act, first proposed by the ICT Ministry, has been the subject of heated controversy due to the extreme powers it gives police, who are now able to seize the computers of people they suspect of disseminating insulting or pornographic content. The law has raised concerns by humanrights organisations that are afraid it could result in an even more restrictive policy towards free expression online.


Reporters Without Borders, an organisaton that fights for press freedom, on Wednesday issued a statement to voice its concern over the arrests and the law.


"It confirms our fears about the dangers of a law that is supposed to combat pornography but turns out to be a way of restricting and controlling press freedom," said the statement.

http://www.nationmultimedia.com/2007...l_30048186.php

[GWR]

One released on bail, one still detained; authorities know nothing
Prachatai
08 September 2007

One webmaster and other user names dropped out of the Thai internet community at about the same time a rumour began to spread on Aug 24 that some web-board members had been arrested. The Financial Times newspaper reported in its Sept 1-2 weekend edition that two Thais had been arrested for posting offensive comments about the monarchy.

However, Information and Communications Technology Minister Sitthichai Pookaiyaudom denied knowledge of the arrests to the Nation newspaper on Sept 2. And in the Nation again on Sept 6, the police commander of the Economic and Cyber Crime Division also denied any involvement in the arrests, but neither denied nor confirmed that the arrests did take place.

A few user names have been missing from political web-boards. including Praya Pichai. Reliable sources confirmed that Praya Pichai, the alias of a 36-year-old programmer, was detained in Bangkok Remand Prison. He was eventually bailed on the evening of Sept 6.

Praya Pichai was an active member in the Prachatai discussion forum and others, and in late June opened his own web-board at http://propaganda.forumotion.com/ which openly discussed the issue of the monarchy, a taboo topic in Thailand. The ICT ministry immediately blocked access to the entire website from inside the country. However, it is still accessible through applications using proxies. The number of registered members reaches almost 800.

Since the rumour, Praya Pichai seems to have disappeared from all web-boards. Strangely, some members in the Propaganda Forum are still trying to convince other members, who had begun to notice his absence, that Praya Pichai was still around and would come back on line soon. Some members said they had been contacted by him through the MSN chatroom. But he has not appeared on any web-board since.

Mystery hung over the underground web-board community with almost everyone accusing one another of being infiltrators, while a few members still kept on insisting that the webmaster was fine, and persuading others to keep posting.

Some members were suspicious that the web-board had already been usurped by a group of people who had yet to figure out Phraya Pichai's password to log on to post in his screen name, but might have seized his computer and used his MSN which is set to log in automatically.

Some groups and individuals have started to call public attention to this case. Fah Deaw Kan (Same Sky) publishing house, an alternative book and magazine publisher, has issued a statement calling on the government to clarify the issue. Some individuals have put up a blog specifically to launch a campaign "Free Pichai" ( http://freepichai.blogspot.com/). A campaign slide show consisting only of texts calling for justice for Pichai has been put on the Youtube website. And many members of Prachatai discussion forum have begun to post comments about the arrest.

Immediately after Prachatai reported that the man had been bailed on the evening of Sept 6, the Propaganda website suddenly changed its line into one condemning and cursing people who are not loyal to the monarchy, and all previous posts were deleted.

However, some Propaganda members have put up another forum http://propaganda2.forumotion.com/.[Mod: Already blocked!]

On Sept 7, Prachatai was informed about a second detainee, a woman who was arrested on the same day.

http://www.prachatai.com/english/news.php?id=199

[GWR]

http://www.prachatai.com/english/news.php?id=213

Second cyber crime detainee gets bail
Prachatai
17 September 2007

A woman detained under the Computer Crime Act was released after her family members bailed her out at the Criminal Court.

She was arrested on Aug 24. The police believed she used the alias ‘Ton Chan' in posting comments offensive to the monarchy on several political internet discussion forums. She was first detained at the Crime Suppression Division, and then transferred to Bangkok Remand Prison. She reportedly suffered poor health.

Her family previously had difficulty in finding 100,000 baht to bail her out, and several web-board members and human rights advocates were starting to raise funds for her. Finally her family managed to collect the money, and the court ordered her released this evening (Sept 17).

On Sept 19 afternoon, the Campaign for Popular Media Reform and Freedom Against Censorship Thailand will submit a letter to the Prime Minister at Government House to ask for clarification of proceedings in this case.

Translated by Ponglert Pongwanan

Update on the arrests under Cyber Crime Act
Prachatai
17 September 2007

A well-known anti-coup activist confirmed that he met arrested webmaster Praya Pichai while detained at the same cell in prison. Fellow members of the cyber community and human rights and free speech advocates are raising fund to bail the second woman who is still detained.

A climate of fear and confusion among cyber posters in political discussion forums in Thailand including Prachatai has been looming for the past few weeks, after a rumor and later a news report in the Financial Times in early September.

Sombat Bun-ngam-anong, the anti-coup activist, was detained at Bangkok Remand Prison, after he refused bail in a libel suit filed against him by junta leaders Gen Sonthi Bunyaratkalin and Gen Saprang Galayanamitr. (see http://www.prachatai.com/english/news.php?id=186)

Prachatai visited him in prison on Sept 3, and he reported the presence of the detainee who the police believed was Praya Pichai. He said that the man was visibly frightened and had not been permitted to contact family members and lawyers.

"He dreaded being inside the prison, and was denied all basic rights. He knew so little about the Computer Crime Act. I'm worried about his safety. Please contact his family as soon as possible," Sombat told Prachatai from behind bars.

He also said that the detainee was arrested on Aug 24, and detained at the Crime Suppression Division for 6 days before being transferred to the prison. There was no physical abuse, according to what the detainee told Sombat.

The next day, Sombat provided Prachatai with the detainee's real name and the addresses of people who he wanted to be contacted. Prachatai made contact with his family members, and he was eventually bailed out on Sept 6.

Sombat later wrote about this in his own web-board, www.nocoup.org, after he was released on bail.

"He approached me from behind, asking if I was a member of the anti-coup movement because I was wearing a red T-shirt with an anti-coup message. He was wary about talking. It took 3-4 days for us to learn about each other. Strangely, we were moved to the same cell, lying side by side."

Sombat was told that three policemen raided the man's room through the windows, and then opened the door for a couple of dozen more to come in. While in detention at the Crime Suppression Division, the police showed photographs of him taken when he was at anti-coup activities. He had been followed by the police for quite some time. The police tried to link him with some anti-coup groups, and establish a conspiracy theory to undermine the monarchy, but he denied it.

However, the police took hold of all the information in his notebook computer including screen names, email addresses, and passwords regarding his web-board, propaganda.forumotion.com, as well as MSN accounts and chat history.

On the same day, a woman was also arrested. Both were held and questioned at the same place. Currently, the woman is still detained at Bangkok Remand Prison.

Sombat believes that the authorities think that this must be an organized crime, and have been monitoring a certain group of internet surfers to find the masterminds. They failed, as these were individual efforts, Sombat said.

Prachatai talked to the first detainee in person, and was told that he did not want his case to be publicized, as the police had instructed him not to talk to reporters. Sombat said that, according to the detainee, the police had convinced him to confess and not to give interviews, in exchange for a minimal punishment of 4 months imprisonment.

"I don't buy that. It must be a trick to lead to more arrests," Sombat said.

With the ICT minister and a high-level police officer denying knowledge of the arrests, the detainee himself not wanting publicity, and only one English-language newspaper following the issue, it seemed to be impossible to verify the other arrest reported by the Financial Times. Maybe it was just a rumour as many cast suspected.

On Sept 7, the founder of Prachatai website, Jon Ungpakorn, got a phone call from an individual who claimed his daughter was being detained in prison.

Prachatai visited the 37-year-old woman who the police believed to have used the screen name ‘Ton Chan', and owned a blog, "giyotin".

Her father told Jon that the arrest took place on the morning of Aug 24 by about 20 policemen raiding the house and arresting his daughter while she was sleeping in her bedroom. Her notebook computer was seized.

Prachatai website manager Chiranuch Premchaiporn visited her and found her in good mental condition, but poor health. Her family could not afford the bail of 100,000 baht.

Now many individuals in the web-boards have suggested fund-raising to bail the second detainee, and provide her with some financial assistance in the court case. And human rights and free speech advocates both local and international are also discussing how to help both persons.

Translated by Ponglert Pongwanan

http://www.prachatai.com/english/news.php?id=212

[GWR]

Special Branch bans Sulak book
Published on October 4, 2007

Well-known social critic Sulak Sivaraksa says he will petition both the United Nations and the National Human Rights Commission and file a case in the Administrative Court to challenge the police's decision to ban and confiscate one of his recent books, which touched on politics and the monarchy.

"I can assure you that all that I wrote was true," Sulak told The Nation.

"For three decades now, the authorities have not stopped harassing citizens and even [Prime Minister] Surayud [Chulanont] once remarked that police are like the mafia."

Sulak said he received a Special Branch police notice on Tuesday ordering him to stop printing, selling and disseminating the book "A Quarter of a Century of Thai Politics: A Thorn-filled Path", published by Song Siam publishing house.

He said the order claimed the book "may cause unrest and degrade good morals" in Thai society, a charge Sulak rejected.

"I don't know where and how many copies they have confiscated already."

He said the printing law cited in the police order dated from the dictatorial era of 1941.

"I also heard a rumour that they may come and arrest me," said Sulak, who has twice been tried and acquitted on lese majeste charges.

A source who asked not to be named said the whole affair was putting the Surayud administration in a negative light and may be part of a plan by some influential group seeking to undermine the interim government.

Pravit Rojanaphruk
The Nation

http://www.nationmultimedia.com/2007...s_30051247.php

[GWR]

Originally Posted by GWR

http://www.nationmultimedia.com/2007...s_30051247.php

[Photo: Prachatai]

http://www.prachatai.com/english/news.php?id=279

Thai police ban, confiscate book on democracy, monarchy
Southeast Asian Press Alliance (SEAPA)
05 October 2007

Download part 1 of the book (34 pages of PDF file)

The Thai police have banned and confiscated copies of a book by a respected and well-known social critic, alleging that the material "may cause unrest and degrade good morals" in Thai society.

The book by Sulak Sivaraksa, called "A Quarter of a Century of Thai Politics: A Thorn-filled Path", concerns politics, democracy and the monarchy.

A Right Livelihood Award recipient, Sulak said a notice from the Special Branch Police on 2 October 2007 ordered him to stop printing, selling and disseminating the book, citing the 1941 Printing Law.

The law, created during the country's authoritarian past, gives the police the authority to censor and stop publications that are deemed a threat to peace, public safety or public morals.

Sulak, who has twice been tried and acquitted on lese majeste charges, has vowed to bring up the case for the consideration of the National Human Rights Commission and the Administrative Court.

When he was first charged with lese majeste in 1984, it created such international uproar that the government was forced to drop it. The second charge in 1991 arose from a talk he gave at Thammasat University about the repressed state of democracy in Thailand. He went into exile until the courts cleared him in 1995.

Related Article: http://www.fringer.org/?p=285 (Thai)

Source: Thai police ban, confiscate book on democracy, monarchy

[GWR]

http://www.prachatai.com/english/news.php?id=304

Special report: Legal amendment disturbs Privy Councilors
Prachatai
11 October 2007
News
Events in the last couple of days remind us of the words given by His Majesty the King on 4 December 2005, remembered as the "The King can do wrong" speech.

On 8 October 2007, it was reported that more than 60 members of National Legislative Assembly (NLA) led by Mr. Pornpetch Wichitchonchai signed a motion for amendments of two laws, and the motion was tabled for deliberation today (10 October).

In essence, an amendment was proposed to Section 112 of the Penal Code concerning the defaming, insulting or threatening of the King, Queen, Heir-apparent, or Regent. The proposed Section 112/2 would expand this protection to cover Privy Councillors and a breach of the law would result in a maximum imprisonment of five years and fine of one hundred thousand baht.

Another amendment proposed adding to Section 14 of the Criminal Procedure Code the clause: "Whilst holding an investigation, preliminary examination or trial concerning offences committed against the King, Queen, Heir-apparent, or Regent as per Chapter 1, Title 1, Book 2 of the Penal Code, if deemed appropriate, the investigating officer, public prosecutor or a party to the case may request the Court to order the prohibition of publication of facts, details, comments, criticisms or any opinions expressed in relation to the case, in whatsoever media." A violation of this Section results not just in the maximum imprisonment of three years and fine of sixty thousand baht, but is also considered a breach of a court order which shall be penalized according to the Civil Procedure Code.

Backing off

However on the afternoon of 9 October 2007, Mr. Pornpetch Wichitchonchai, the NLA member who proposed the amendments, told the press that he had decided to withdraw the motion abruptly. "I was informed that this news caused concern among some Privy Councillors. They had a meeting among them and informed me later that they felt concerned about this extra protection even though they knew this motion was proposed by the NLA in good faith. Therefore, I have informed the whip and withdrawn the motion", said the NLA member.

Even though the attempt to change the laws has stalled, the smoke is yet to clear. This recent move raises questions as to their ulterior motives to propose so many new laws and amendments and whether or not it is justified to plan to undertake this massive revision of the law.

Mr. Gothom Arya, an NLA member who did not sign in support of the amendment motion, traces this attempt to seek amendments of the Penal Code and the Criminal Procedure Code to one of the four reasons cited by the Council for Democratic Reform (CDR) when they took power. They stated that their coup was made as there had been attempts to defame the monarch. Perhaps, some NLA members thought there had been no further action to follow up this matter, so they had to initiate one.

Normally, the Penal Code provides litigable grounds for libel cases.

A unique case is the defaming, insulting or threatening of the King, Queen, Heir-apparent, or Regent, which is a case that anyone can bring to the Court. And penalties in this Section are heavier than the law governing the slander of an ordinary person.

The extension of this extra protection to the Privy Councillors has been widely criticized.

Commenting on the issue, Mr. Gothom Arya said he holds that the laws should not be changed since this might contravene Section 5 of the 2007 Constitution: "The Thai people, irrespective of their origin, sex, or religion shall enjoy equal protection under the Constitution", and Section 30 in Chapter III "Rights and Liberties of Thai People": "All persons are equal before the law and shall enjoy equal protection under the law." The amendments would provide unequal protection of persons and those in certain ranks would enjoy special protection, even though all persons are supposed to be treated equally under the law.

Meanwhile, the Fah Deao Kan (Same Sky) Publishing Hose, which apart from featuring academic publications with bold opinions, also sports a website which is very popular for social and political debate, said in a statement issued prior to the withdrawal of the motion that such an amendment to the Penal Code would usher the Chairperson of the Privy Council and Privy Councillors "into a position of revered worship which shall not be violated", equal to the King.

This will not benefit democracy or the monarchy itself. Should the Chairperson of the Privy Council and Privy Councillors misbehave, i.e., by interfering in politics or misusing their positions for business interests, people would then be prohibited from investigating or criticizing their actions. This would happen as if any action committed by the Chairperson of the Privy Council (who used to be Honorary President of the Charoen Pokphand Group) and Privy Councillors were made on behalf of His Majesty.

Lèse Majesté, a political tool?

"Under the current climate, it is already easy for anyone to be accused of being disloyal. Any outspoken person can easily face the accusation and become a villain for public. Now, they even want to create more tools to abet the accusation. It is both unnecessary and useless" said Mr. Gothom Arya.

It has been known for a long time in legal and media circles that libel and lèse majesté suits have long been used as a tool of political manipulation.

Suthachai Yimprasert, a historian from the Faculty of Arts, Chulalongkorn University, said in one interview with Prachatai that libel litigation has been used as a political tool, but in many instances, the case is launched by the plaintiff since he or she has been damaged.

But cases of defamation of the King, Queen, Heir-apparent, or Regent, the standing is different. The historian proposed that "we should look at the monarchy as an institution, and it is inappropriate that anyone can bring a lèse majesté case. If the Bureau of the Royal Household is the monarch's representative, it should then be authorized to launch lawsuits. And it is for them to consider whether or not a case is actionable. It's not the business of anyone else or the military. It's neither Sondhi Limthongkul's nor Thaksin Shinawatra's duty to judge if a case is actionable or not".

Mr. Pornpetch Wichitchonchai, who proposed the amendments, also said that one reason for this legal change is to provide for protection of the Privy Councillors since "some of them have become political victims".

On this issue, the Fah Deao Kan Publishing Hose commented that the statement indicates that the amendments were proposed in order to solve problems for General Prem Tinsulanonda. The retired General has been accused by both Thai and foreign media as having been involved in the 19 September 2006 coup. In the past year, he has been subject to heavy criticism from anti-coup groups.

Meanwhile, the Campaign for Popular Media Reform (CMPR) issued a statement accusing these amendments of impeding the right of freedom of expression of people and media and of being in breach of the 1996 International Covenant on Civil and Political Rights (ICCPR).

CMPR reiterated that at present, the Thai media is already overcautious about reports concerning the monarchy and Privy Councillors. In addition, new laws have recently been enforced to curb freedom of expression including the 2007 Computer Related Crime Act, and other laws related to media and national security. There is no need at all to issue more laws that provide for heavier penalties to further control the media and freedom of expression.

Concerning the criticism that the amendments may contravene Section 45 of the 2007 Constitution, Mr. Gothom Arya commented that it cannot be precisely concluded since exceptional clauses are always there in the Constitution, i.e., restriction of liberty shall not be granted, except for the purpose of maintaining the security of the state or maintaining public order or good morals.

Translated by Pipob Udomittipong

Thai language source:
http://www.prachatai.com/05web/th/ho..._Language=Thai

[GWR]

BBC statement on allegation of lèse majesté made against BBC correspondent
BBC
01 June 2008
News
Below is a statement from the BBC's Asia Bureau Editor Paul Danahar, to allegations of lèse majesté made against the BBC's South East Asia Correspondent Jonathan Head by Lieutenant Colonel Watanasak Mungkijakandee to the Crime Suppression Division of the Royal Thai Police on Friday 30 May 2008.

The BBC's Asia Bureau Editor Paul Danahar said "The allegations made against Jonathan Head are completely unfounded. The BBC understands that the police in Thailand are required to investigate all complaints of Lèse Majesté and will co-operate with that investigation. But it is very upsetting that his work should be incorrectly presented in this way and it has caused great distress to both him and his family." .

http://www.prachatai.com/english/news.php?id=659

[GWR]

I'm really far more interested in why a CITES species is on the menu at Chana Songkhram Police Station. And who is this supposed bombshell who looks like she wouldn't look out of place selling fish in the fresh market? (And who was the dork who got the species name wrong? Pelecanus philippensis, NOT Pelecanus philippenis. ):

See today's previous post

Anti-PAD activist arrested on lese majesty charge


[Photo Left: The Nation][PhotoRight:http://en.wikipedia.org/wiki/Spot-billed_Pelican]

Police have arrested a government supporter, known as Da Torpedo, on charges of lese majesty following an order by Prime Minister Samak Sundaravej for police take action against her.

Speaking to reporters after the weekly Cabinet meeting, Samak said he had received a police report that Daranee Charnchoengsilpakul, better known as Da Torpedo, attacked the highest institution during her debate at Sanam Luang.

Samak said police would take legal action against her.

A police said Daranee had been arrested and police would hold a press conference to announce her arrest at 2 pm.

The Nation

http://www.nationmultimedia.com/brea...ewsid=30078695

'Da Torpedo' arrested on lese majesty charge
By The Nation

Police Tuesday arrested a government supporter, known as Da Torpedo, on charges of lese majesty following an order by Prime Minister Samak Sundaravej for police take action against her urgently.

Speaking to reporters after the weekly Cabinet meeting, Samak said he had received a police report that Daranee Charnchoengsilpakul, better known as Da Torpedo, attacked the highest institution while joining a demonstration at Sanam Luang against the People's Alliance for Democracy.

Samak said police would take legal action against her.

"The person violated the laws with her words, which affected several institutions. I ordered police to take action against the person immediately," Samak said.

Earlier, the Army filed a complaint with police to take legal action against Daranee for having attacked the highest institution while speaking on stage of the Democratic Alliance Against Dictatorship.

Pol Maj Gen Amnuay Nimmano, commander of Metropolitan Police Division 1, said Dararnee allegedly made statement in contempt of the highest institution on the DAAD stage at Sanam Luang on Thursday and Friday.

Amnuay said the South Bangkok District Court approved an arrest warrant against her and she was arrested by Chana Songkram police in Phaholyothin area Tuesday.

http://www.nationmultimedia.com/2008...s_30078697.php

Update: Anti-coup member arrested

(BangkokPost.com) - Daranee Charnchoengsilpakul, a member of the United Front of Democracy against Dictatorship who was accused of lese majeste charge, was arrested on Tuesday afternoon, shortly after Prime Minister Samak Sundaravej said he ordered police to take legal action against her.

She was arrested at a female dormitory in Pahon Yothin area.

She was taken into police custody for further investigation at the Metropolitan Police Office.

Link may expire:
http://www.bangkokpost.com/breaking_....php?id=129000

[GWR]

See today's previous 2 posts

Political movements here don't showcase common-or-garden boneheads very much. Heavily-politicised nobodies just aren't up to snuff, in the sense that they don't entertain the electorate enough. Singer? Soap Opera star? Luk Kreung? Or some combination of two or three of those perhaps?

'Da torpedo' arrested over rally remarks
By The Nation
Published on July 23, 2008

Police yesterday arrested an activist accused of committing lese majeste at the Sanam Luang rally on Friday.

Prime Minister Samak Sundaravej said he had ordered police to take swift action against the activist.

"I instructed police to immediately charge the rally speaker after receiving a report on offending remarks involving many institutions," Samak said.

Police apprehended anti-coup activist Daranee Chanchoengsila-pakul - also known as Da Torpedo - and charged her with offending the monarchy.

Da Torpedo is a reporter who turned activist following the 2006 coup. She has been a regular speaker at anti-coup rallies. On Friday she made a speech opposing the People's Alliance for Democracy.

She is known to be a staunch opponent of the PAD and has attended many counter-rallies at Sanam Luang and at various PAD sites, including the office of television station ASTV.

Metropolitan Police commissioner Lt-General Aswin Kwanmuang said the arrest was based on recorded remarks by Da Torpedo.

Da Torpedo accused police of double standards, saying they had refused to act against speakers at PAD-led rallies.

She said she would not give a statement to police and reserved her right to testify only in court.

She said police had overstepped the mark by arresting her before summoning her to report to them.

Aswin said police had acted within the proscribed procedures. Any serious offences punishable by more than three years in jail give police the leeway to bypass a summons for questioning, he said.

If convicted, Da Torpedo faces three to 15 years in jail.

http://www.nationmultimedia.com/2008...s_30078748.php

[Stephen Cleary]

Bypassing the lese-majeste thing for a moment, i'd like to say how amazed i've been lately with the amount of foul-mouthed screaming coming from both the PAD and anti-PAD.
Over the weekend, on a well-earned day-off, i happily popped outside for a morning coffee, only to be on the receiving end of f***** Jakraphop = f***** FCCT = f***** farang = f***** Thaksin blah blah... on the TV.
I mean some of the language coming out these whipper-snappers mouths is worse than anything you are gonna hear in the playground of your local high school.
And this woman Da Torpedo (The Scolding Torpedo) she wins the 'mighty mouth' of the year award, PAD gotta admit they ain't got anyone as foul-mouthed, crude and abusive as that. She should be locked up anyway for public hysteria.
Ok, not just her. Isn't there a law somewhere in Thailand which forbids constantly swearing out loud in public? Or, is it all right for me to walk down the street screaming 'mother f*****s' 'f***** c**ts'. It seems to be all right to do it at anti-PAD and PAD rallies.

By the way, after listening to her screaming for 10 minutes, my com speakers almost blew up and so i was forced to turn the recording off. What exactly did she say which was offensive and constituted to lese-majeste, i didn't hear anything.

[Wisarut]

Originally Posted by Stephen Cleary

Bypassing the lese-majeste thing for a moment, i'd like to say how amazed i've been lately with the amount of foul-mouthed screaming coming from both the PAD and anti-PAD.
Over the weekend, on a well-earned day-off, i happily popped outside for a morning coffee, only to be on the receiving end of f***** Jakraphop = f***** FCCT = f***** farang = f***** Thaksin blah blah... on the TV.
I mean some of the language coming out these whipper-snappers mouths is worse than anything you are gonna hear in the playground of your local high school.
And this woman Da Torpedo (The Scolding Torpedo) she wins the 'mighty mouth' of the year award, PAD gotta admit they ain't got anyone as foul-mouthed, crude and abusive as that. She should be locked up anyway for public hysteria.
Ok, not just her. Isn't there a law somewhere in Thailand which forbids constantly swearing out loud in public? Or, is it all right for me to walk down the street screaming 'mother f*****s' 'f***** c**ts'. It seems to be all right to do it at anti-PAD and PAD rallies.

By the way, after listening to her screaming for 10 minutes, my com speakers almost blew up and so i was forced to turn the recording off. What exactly did she say which was offensive and constituted to lese-majeste, i didn't hear anything.

Decoding the words of Ee Dah Torpido - Insulting His Majesty for What?
http://www.manager.co.th/Politics/Vi...=9510000086421

Now, UDD men are goign to abandon Ee Dah Torpido because of her Insult to His Majesty
http://www.manager.co.th/Politics/Vi...=9510000086454

Sondhi Limthongkul Pointiout that Comrade Somchai and Comrade Choocheep Cheewasut keep INsulting His Majesty in Southern Isan (near Cambodian Border) to PLEASER theri bosses -> at FM 102.75 MHz and Comrade SOmchai and Comrade Choocheep are going to CUT Down Ee Dah Torpido before it hurts their boss.
http://www.manager.co.th/Politics/Vi...=9510000086409

Phoowadol said UDD men are hiring the hoodlums to fight AGAINST PAD.
http://www.manager.co.th/Politics/Vi...=9510000086423

Despite of the OBVIOUSLY UNPOPULARITY of AI Samak's Government, His majesty trid to give some Encouragement to Ai Samak to do soem good thing for the country....
http://thaiinsider.info/portal/content/view/9779/12/

Now those Lefting Intellectuals (Suthachai Yimprasoed) from Chula are balign out Ee Dah Torpido
Note: Suthachai Yimprasoed is a member of UDD who has Anti-Monarchy attitute ...
http://www.manager.co.th/Crime/ViewN...=9510000086610

Suthachai Yimprasoed has the Alias name as "Comrade Somporn"
http://www.manager.co.th/Politics/Vi...=9510000086722


Court Refusing to Appriove the Bail by "Comrade Somporn"
http://www.manager.co.th/Crime/ViewN...=9510000086778

Police Top Brasse are goin to arres Sondhi Limthongkul due to the the fact he Tell the Truth of Ee Dah Torpido
This is a sure sign that Polcie Top Brasse badly want AI Maew to be the First President of Thailand Republic
http://www.manager.co.th/Crime/ViewN...=9510000086850

The way Ai Maew and UDD havge used Ee Dah Torpido is the way to sacrifice a pawen to checkmate the King
http://www.oknation.net/blog/darknew.../07/23/entry-1
http://www.oknation.net/blog/naiman/2008/07/23/entry-2