by Nina Somera

Thailand’s police has once more hogged the headlines with the arrest of Pratchatai webmaster Chiranuch Pemchaiporn on 6 March 2009 on the basis of the Computer-related Crime Act of 2007. However when the police came to the office in two vans and seized the computer and other electronic devices, they could not identify which posts violated the law.

In a statement, Pratchatai founder and former senator Jon Ungpakorn remarked, “I think the police simply performed their roles, but there must be someone behind the action who probably wanted to close down Prachatai website.” Pratchatai is a progressive online news resource that established to be watchdog during the premiership of Thaksin Shinawatra. Ungpakorn’s younger brother Giles Ji Ungpakorn has already fled to the United Kingdom after being charged with violations of lese majeste with the publication of his book, A Coup for the Rich.

Meanwhile, the Thai Netizen Network (TNN), Campaign for Popular Media Reform (CPMR) and Freedom Against Censorship Thailand (FACT) have been monitoring the government’s implementation of the Computer-related Crime Act of 2007, especially the arrests which have been made in the name of lese majeste. Media activist Supinya Klangnarong asserted, “Despite the government's claim that the arrest was made in accordance with the law, it was in effect a case of government using legally sanctioned powers to threaten and intimidate the freedom and rights of online news media.

In a we! interview last January 2009, Klangnarong articulated the connections between the apparently strong enforcement of lese majeste laws and the legitimacy of the current Premier. In December 2008, the People's Alliance for Democracy (PAD) staged a strike in Bangkok's major airports as part of the long-running middle class-driven pressure to oust then Prime Minister Somchai Wongsawat. Wongsawat is the brother in law of former Prime Minister Thaksin Shinatwatra, whose unexplained wealth, media repression, and crackdown in the South, among others triggered the formation of the PAD. PAD's success has been largely attributed to the support of the monarchy. As Klangnarong remarked, “There was an interest in measures like this [lese majeste] before. But this time is more significant because they want to show that they protect the monarchy.”

Section 14 of the Computer-related Crime Act of 2007 prohibits the uploading of false data, pornographic materials and other data that may undermine national security. Section 14 has also been used in apprehending websites which otherwise contain materials that criticise the royalty.

A few months ago, Thailand hogged the headlines as it charged prominent individuals such as the younger Ungpakorn and Australian author Harry Nicolaides with lese majeste. The authorities also detained at least two individuals who allegedly posted negative comments on the King on their websites.

Similarly, a group of high-profile activists and academicians sent a letter to Thai Prime Minister Abhisit Vejjajiva, asking him to put an end to suppressive measures against individuals, websites and the peaceful ideas; reform lese majeste laws; and consider withdrawing current lese majeste charges. Signed by Arjun Appadurai, Noam Chomsky, Arif Dirlik, Susan Stanford Friedman, Stuart Hall, and Immanuel Wallerstein, among others, the letter noted, “The frequent abuse of the lese majeste law against political opponents undermines democratic processes. Instead of protecting reputations, these lese majeste cases generate heightened criticism of the monarchy and Thailand itself, both inside and outside the country.”

Pemchaiporn was released on the same day, with the guarantee of Professor Chantana Wankaew of Chulalongkorn Univerisity. TNN, CPMR, FACT and other civil liberty groups was also granted an audience with the prime minister on 11 March 2009. According to Klangnarong, he recognised the police's mistake in arresting Pemchaiporn. He also agreed to set up a task force composed of some members of the Thai internet community and the authorities.

Sources:
Klangnarong, Supinya. (16 March 2009). E-mail communications. Interview with Supinya Klangnarong (15 January 2009).
Computer Crime Act of 2007 (B.E. 2550). (24 July 2007; Unofficial English Translation). 
Pratchatai. (6 March 2009). “Ex-senator Prachatai webmaster was arrested for unknown postings .”
Pratchatai. (14 March 2009). “PM tells cyber activists crackdown on websites damaging country’s image .” 
Reuters. (3 September 2008). “Australian arrested in Thailand for lese-majeste .” 
Scott, James C., et al. (March/April 2009). “Letter to Thai PM Abhisit Vejjajiva on Lese Majeste .” 
Ungpakorn, Giles Ji. (15 December 2008). “Thailand: ‘Cockroaches’ take over .”