In Thailand, texting offensive messages landed you in jail for 20 years

Bangkok, 23 November 2011: At the Criminal Court, a Chinese descendant Thai, Mr. Amphon, aka “Arkong”, 61 years, was convicted to 20 years of imprisonment. His crime: texting four messages to a phone belonging to Abhisit Vejjajiva’s personal secretary.

Each sms earns him five years (4 messages x 5 years) as per Section 112 of the Penal Code and the 2007 Computer Related Crime Act, Section 14(2) and (3). The texts he sent were allegedly considered defamatory to the HM the King and HM the Queen of Thailand. He has been suffering from laryngeal cancer and over the past one year, has been detained in prison and denied bail.

In Thailand, an insult made against the King, or the Queen, or the Crown Prince, or the Heir Apparent is an offence against Section 112 of the Penal Code (lèse majesté), and is considered an offence related to “national security”.

Major Siripong Timula, police officer from the Economic and Cyber Crime Division, confirmed that the phone used for sending the offensive sms was the same phone found to be in possession of Mr. Amphon. He verified it by matching the IMEI no. of the sms received and the IMEI no. of the defendant’s phone. The Court did not give weight to the claim of the defendant that he had his phone fixed at a shop in Bangkok (when the offence allegedly took place), since at the inquiry officer level he told the police that the phone was brought to the repair shop in April 2010, but in the Court, he said it was brought to the shop in May 2010 and he could not remember the shop’s name.

“Though during the witness examination, the prosecutor failed to make it clear to the Court that the texts had been sent by the defendant, and that the texts had been sent from the phone to Mr. Somkiat (Mr. Abhisit’s personal secretary), but that was because it was difficult to prove by bringing forth any eyewitness since the defendant, as an offender, shall try to cover his guilt and not let anyone know about it. Therefore, it is necessary for the Court to rely on circumstantial evidence brought forth by the prosecutor as part of the adduction to verify the hidden intent of the defendant.”

Penal Code

Section 112: Whoever defames, insults, or threatens the King, the Queen, the Heir-apparent, or the Regent, shall be punished with imprisonment of three to fifteen years.

2007 Computer Related Crime Act

“Section 14: Whoever commits any of the following offences shall be subject to imprisonment for not more than five years or a fine of not more than one hundred thousand baht or both:

(2) Inputting into a computer system false data that may compromise national security or cause public panic;

(3) Inputting into a computer system any data which is deemed an offence against national security as prescribed in the Penal Code”

Source: 
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