UN rights official urges lese majeste law reform

PRAVIT ROJANAPHRUK

A United Nations expert on freedom of expression issued a statement yesterday urging Thailand to amend the controversial lese majeste law, which carries a maximum term of 15 years' imprisonment.

"I urge Thailand to hold broad-based public consultations to amend section 112 of the penal code and the 2007 Computer Crimes Act so that they are in conformity with the country's international human rights obligations," said Frank La Rue, the UN Special Rapporteur on the right to freedom of opinion and expression.

"The recent spike in lese-majeste cases pursued by the police and the courts shows the urgency to amend them," La Rue said.

The UN official said that the Computer Crimes Act has also been used as a de facto lese majeste law. It can carry a sentence of up to five years' imprisonment for any views expressed via the Internet in relation to the monarchy deemed to be a threat to national security, he said.

"The threat of a long prison sentence and vagueness of what kinds of expression constitute defamation, insult, or threat to the monarchy, encourage self-censorship and stifle important debates on matters of public interest, thus putting in jeopardy the right to freedom of opinion and expression," La Rue said. "This is exacerbated by the fact that the charges can be brought by private individuals and trials are often closed to the public."

The special rapporteur noted that since 1996 Thailand has been a party to the International Covenant on Civil and Political Rights, which contains legally binding human rights obligations, including the obligation to fully guarantee the right of all individuals to seek, receive and impart information and ideas of all kinds.

La Rue acknowledged, however, that the exercise of the right to freedom of expression carries with it special duties and responsibilities. "For this reason, under certain exceptional circumstances, the right may be limited, including to protect the reputation of individuals and to protect national security."

However, La Rue argued that to prevent any abuse of these exceptions, any law that limits the right to freedom of expression must be clear and unambiguous regarding the specific type of expression that is prohibited, and proven to be necessary and proportionate for the intended purposes.

"The Thai penal code and the Computer Crimes Act do not meet these criteria. The laws are vague and overly broad, and the harsh criminal sanctions are neither necessary nor proportionate to protect the monarchy or national security," La Rue said.

He raised concern over use of the Computer Crimes Act by the Information and Communications Technology Ministry, in cooperation with the Royal Thai Army, to reportedly block hundreds of thousands of websites containing commentary on the Thai monarchy.

"I have raised my concerns regarding the incompatibility of lese majeste laws with Thailand's international human rights obligations over the course of my mandate," said La Rue, noting that concerns regarding lese majeste laws were also raised during the consideration of the situation of human rights in Thailand through the UN Universal Periodic Review in Geneva on Friday.


(2011-10-11/THE NATION)