Student groups criticise court verdict that blocks royal reform

Student organisations at nine universities across Thailand have rallied behind a liberal-leaning political party’s effort to amend a law that practically forbids any open discussion about the country’s royal family, days after a top court blocked the attempt at the reform.

Remarks or actions deemed as insulting toward members of the royal family are punishable under Thailand’s Section 112 of the Criminal Code, an offence also known as lèse majesté.

Due to the law’s harsh penalties, any discussion that touches on the monarchy’s public roles has long been considered taboo in Thailand, though many of the younger generations have become more vocal on the issue in recent years.

Reducing the penalty currently prescribed under the royal defamation law, which carries a maximum jail term of 15 years per offence, was one of the key election pledges made by the Move Forward Party during elections held last May.

However, Thailand’s Constitutional Court on 31 January ruled that amending the law would itself amount to overthrowing the monarchy and ordered the party to abandon any similar attempt in future.

In a joint petition signed by the nine student bodies, the students said this verdict set “a wrong precedent” for Thai democracy, since it should be within the rights of the people and political parties to demand changes to any existing legislations.

They also insisted that royal defamation laws have been “routinely abused as a political weapon”.

“Citizens are empowered to establish any constitution, laws and regulations which may be amended, modified or even abolished in accordance with the changes in social context,” part of the statement said. “The judicial authority, which should be upholding the rights and liberty of the people, has neglected the aforementioned principle.”

The letter released on 2 February was signed by student unions and student councils from Chulalongkorn, Thammasat, Kasetsart, Khon Kaen, Chiang Mai, Walailak, Naresuan, Burapha and Srinakharinwirot universities.

Their joint action is largely symbolic, and these student bodies have no binding power over their university administrations. Nevertheless, it presents a rare voice of dissent when many political commentators and much of the mainstream media have avoided directly criticising the court’s ruling.

Court warning

Immediately after issuing the verdict on the Move Forward Party, the Constitutional Court warned that anyone making “impolite” comments about its ruling may be charged with contempt of court.

Also on 2 February, a group of student activists at Chiang Mai University unfurled a banner over the faculty of law building inside the campus that said “Repeal Overthrow” (Repeal does not equal Overthrow).

In 2020 thousands of students took to the streets demanding reforms such as limits on the monarchy’s power and amendment of the lèse majesté law, among other things. The authorities eventually crushed the movement by cracking down on demonstrations and launching multiple charges against activist leaders, which included lèse majesté charges.

Riding waves of support from many students and young voters, the Move Forward Party was placed first in the May 2023 general elections. But it failed to secure sufficient votes from the Senate – the unelected upper house stacked with armed forces officials and conservative figures – to form a government. The baton was then passed on to the Pheu Thai Party, which was placed second in the elections, to form a government.

Students speaking out

Amid the near-collective silence in Thailand’s political landscape, a number of student groups continue to occasionally speak out against what they describe as excessive use of the lèse majesté law.

On 24 January, the student council of Thammasat University released a statement criticising a court verdict that sentenced a 30-year-old man to 50 years in prison on 11 counts of lèse majesté. The group described the sentence as the harshest of its kind in Thailand’s modern history and an affront to freedom of expression.

“Regardless of one’s political view, no one should be charged or punished under Section 112 of the Criminal Codes,” the statement said. “We are urging the people who are committed to democratic principles to support an amnesty for those prosecuted under Section 112, in order to return justice to them.”

A week later, representatives from 11 student groups based in seven universities gathered at the Criminal Court building to submit a petition demanding the immediate release of two activists who are being held in pretrial detention on charges of royal defamation.

After submitting the open letter, they staged a silent stand-in protest for one hour and 12 minutes – a reference to Section 112 of the Criminal Codes, in which the lèse majesté offence is enshrined.