Dictatorship, Monarchy, and Freedom of Expression in Thailand

2018 ◽  
Vol 77 (4) ◽  
pp. 935-943 ◽  
Author(s):  
Tyrell Haberkorn
Keyword(s):  
Freedom Of Expression ◽  
Criminal Code ◽  
Khon Kaen ◽  
Law Student ◽  
Military Rank ◽  
Northeastern Thailand

On December 4, 2016, Jatupat Boonpattararaksa, known by his nickname “Pai,” then a law student at Khon Kaen University in northeastern Thailand, was arrested and accused of violating Article 112 of the Thai Criminal Code, or defaming, insulting, or threatening the king, queen, heir-apparent, or regent. Two days prior, he had shared to Facebook a biography of the new king, Maha Vajiralongkorn, or Rama X, who became king following the death of his father, Bhumipol Adulyadej, Rama IX, on October 13, 2016. The BBC Thai biography was candid and highlighted Vajiralongkorn's string of wives, his four abandoned sons, and his conferral of a military rank on his pet dog, as well as his recent bike rides for charity (BBC Thai 2016). Over 2,600 people shared the BBC Thai link, but Pai was the only person to be arrested in December 2016 and the only person to be prosecuted to date (TLHR 2017a). The complaint that led to Pai's arrest was filed by Lieutenant Colonel Phitakphon Chusri, a Khon Kaen–based soldier who has followed him closely.

scholarly journals Charlie Hebdo: Testing the Limits of Freedom of Expression

2017 ◽  
Vol 14 (1) ◽  
Author(s):  
Niaz A. Shah
Keyword(s):  
Public Space ◽  
Hate Speech ◽  
Freedom Of Expression ◽  
Criminal Code ◽  
European Convention ◽  
Muslim Community ◽  
The Public ◽  
Shared Space ◽  
The Right ◽  
Charlie Hebdo

AbstractThe right to freedom of expression is a qualified right: it allows expression that might ‘offend, shock or disturb’ but prohibits ‘insults’, ‘abusive attacks’ and ‘hate speech’. Applying the Convention test I argue that all cartoons of the Prophet Muhammad, which although might offend Muslims, are an acceptable form of expression in Western democracies except cartoon number two implying the Prophet Muhammad as a ‘terrorist’ which is ‘insulting’ and ‘an abusive attack’ on the Muslim community and Islam. In the post-9/11 circumstances, it may be viewed as a vehicle for instigating hatred against the Muslim community. By critiquing the inaction of Denmark and France, I argue that failure to prosecute Jyllands-Posten and Charlie Hebdo violates Articles 9(1) of the European Convention and the Danish Criminal Code and the French Freedom of Press Act 1881. Relying on ECtHR’s jurisprudence, I argue that the values of the Convention and democracy aim to nurture a society based on tolerance, social peace, non-discrimination and broad-mindedness. The public space is a shared space and no single group – religious and non-religious – can monopolise nor intimidate it.

scholarly journals JUDICIAL REVIEW PASAL-PASAL MAKAR KUHP: PERSPEKTIF PENAFSIRAN HUKUM DAN HAM (JUDICIAL REVIEW ON TREACHERY ARTICLES OF THE CRIMINAL CODE: THE PERSPECTIVE OF LAW INTERPRETATION AND HUMAN RIGHTS)

2017 ◽  
Vol 8 (2) ◽  
pp. 235-253
Author(s):  
Prianter Jaya Hairi
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Judicial Review ◽  
Freedom Of Expression ◽  
Criminal Code ◽  
Constitutional Court ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Legal Sanctions ◽  
Definition Of

In 2017, Constitutional Court has received three calls for judicial reviews regarding treachery (makar) article in the Criminal Code. These articles deemed to be contradicting with the principle of legal certainty and freedom of expression. This study analyzes the important issue that is being debate in those judicial reviews. One of those is about the argument which says that the absence of the definition of treachery in the Criminal Code has caused a violation of legal certainty. Besides, the rule of treachery in the Criminal Code has also considered to have caused a violation of freedom of expression which has been guaranteed by Constitution. Analysis shows that the absence of treachery definition in the Criminal Code is not something that instantly becomes a problem in its application that causing the loss of legal certainty. Law enforcer, especially judge, in enforcing the rule of law must always use the method of law interpretation which appropriate with legal norm. With systematic interpretation, treachery can be interpreted according to the sentence of the rule as a unity of the legal system. In this case, the term treachery as regulated in Article 87 of the Criminal Code can be systematically interpreted as the basis for Article 104-Article 108 of the Criminal Code, Article 130 of the Criminal Code, and Article 140 of the Criminal Code which regulates various types of treason and their respective legal sanctions for the perpetrators. Further, on the argument that the articles of treachery in the Criminal Code also can not necessarily be said to limit the freedom of expression, because every citizen’s freedom has limitation, including the limitation of law and human rights. AbstrakPada tahun 2017, Mahkamah Konstitusi telah menerima tiga kali judicial reviewterhadap pasalpasal tindak pidana makar dalam Kitab Undang-Undang Hukum Pidana (KUHP). Pasal-pasal ini dipandang bertentangan dengan prinsip kepastian hukum dan kebebasan berekspresi. Tulisan ini menganalisis substansi yang menjadi perdebatan dalam perkara judicial review tersebut. Di antaranya perdebatan mengenai tidak adanya definisi istilah makar dalam KUHP yang menyebabkan persoalan kepastian hukum. Selain itu, pengaturan tindak pidana makar dalam KUHP juga dinilai melanggar kebebasan berekspresi yang telah dijamin oleh konstitusi. Analisis terhadap persoalanpersoalan tersebut menunjukkan bahwa ketiadaan definisi kata “makar” dalam KUHP bukanlah merupakan sesuatu yang serta merta langsung menjadi persoalan dalam penerapannya sehingga menyebabkan hilangnya kepastian hukum. Penegak hukum, terutama hakim, dalam menegakkan peraturan hukum selalu menggunakan metode penafsiran hukum yang sesuai dengan kaidah ilmu hukum. Dengan penafsiran sistematis, makar dapat dimaknai sesuai kalimat dari peraturan sebagai suatu kesatuan sistem hukum. Dalam hal ini, istilah makar yang diatur dalam Pasal 87 KUHP, secara sistematis dapat ditafsirkan sebagai dasar bagi Pasal 104-Pasal 108 KUHP, Pasal 130 KUHP, dan Pasal 140 KUHP yang mengatur tentang jenis makar beserta sanksi hukumnya masing-masing bagi para pelakunya. Selain itu, mengenai argumen bahwa pasal-pasal makar dalam KUHP berpotensi melanggar HAM dan dipandang bertentangan dengan konstitusi dapat dikatakan tidak beralasan. Sebab kebebasan HAM setiap orang tidak tanpa batas, di antaranya dibatasi nilai-nilai agama, keamanan, dan ketertiban umum.

scholarly journals Our Right to Share, Their Right to Know: An Analysis of Public Interest Defense to Defamation

Lentera Hukum ◽  
2021 ◽  
Vol 8 (2) ◽  
pp. 241
Author(s):  
Kezia Ezekiel
Keyword(s):  
Social Media ◽  
Public Interest ◽  
Freedom Of Expression ◽  
Criminal Code ◽  
Doctor Who ◽  
Legal Norms ◽  
The Public ◽  
The United Kingdom ◽  
Internet Users ◽  
Defamation Law

The defamation reports have increased and shifted under online-based technology through social media. This study considered the defamation issue in Indonesia that alleged Richard Lee, a doctor who shared a beneficial publication through social media about the dangerous skincare product. Richard's audience believed that his content helped them know the hidden truth behind skincare products available in the market. Consequently, the public questioned whether he was liable because he was regarded to share helpful information under the public interest. This study aimed to analyze Indonesia’s defamation laws, especially in public interest defense under Article 310(3) of the Indonesian Criminal Code. However, the interpretation for public interest as a crime abolition is unclear, resulting in various courts' decisions that lead to criminalizing internet users. This study used legal research with statutory and comparative approaches. It examined legal norms and practices in Indonesia and compared those in the United Kingdom, Canada, and New Zealand. These three countries adapted defamation law to develop cases, including those alleged defamations for the public interest. While the freedom of expression is enshrined in the constitution, its practice has contradicted defamation provisions outlined in derivative regulations. By comparison, these three countries have precise boundaries and public interest defense is explicit. Those countries have specific rules and lists that needed to be fulfilled for those who use public interest defense. The lists based on previous precedents show how they learn and adapt to the development of public interest defense in many cases. This study concluded that Indonesia does not have specific standards or rules to determine cases categorized as the public interest. KEYWORDS: Public Interest Defense, Online Defamation, Freedom of Expression.

scholarly journals Rheumatic and congenital heart diseases among school children of Khon Kaen, Thailand: declining prevalence of rheumatic heart disease

2014 ◽  
Vol 8 (5) ◽  
pp. 645-650 ◽  
Author(s):  
Arnkisa Chaikitpinyo ◽  
Manat Panamonta ◽  
Yuttapong Wongswadiwat ◽  
Wiboon Weraarchakul ◽  
Ouyporn Panamonta ◽  
...  
Keyword(s):  
Socioeconomic Status ◽  
Heart Disease ◽  
Rheumatic Heart Disease ◽  
School Children ◽  
Congenital Heart ◽  
Parental Education ◽  
Heart Diseases ◽  
Khon Kaen ◽  
Rheumatic Heart ◽  
Northeastern Thailand

AbstractBackground: Rheumatic fever (RF), rheumatic heart disease (RHD), and congenital heart disease (CHD) are still major problems among Thai school children.Objective: To examine trends in the prevalence of RF/RHD and CHD along with the socioeconomic status of school children in urban Khon Kaen, northeastern Thailand.Methods: We conducted cross-sectional survey of 8,555 school children aged 5-15 years from 4 schools in urban Khon Kaen from January to March 2006. Pediatric cardiologists examined the school children and all cardiac diagnoses were confirmed by echocardiography. Socioeconomic data were also collected. Schools were divided into high and low socioeconomic status (SES) schools, based on the prevailing levels of parental education and household income. All positive cases of heart disease were followed and reviewed at a university hospital up to December 2013.Results: Of 8,555 children examined, 2 had RF/RHD, and 10 had CHD. The prevalence of RF/RHD was 0.23 per 1,000 (95% CI 0.03-0.84), and the prevalence of CHD was 1.2 per 1,000 (95% CI 0.56-2.15). Prevalence of RF/RHD among urban school children in the center of northeastern Thailand had declined from 1.13 to 0.23 per 1,000 since 1986. The indices of socioeconomic development revealed marked improvement during this 20 year interim. The prevalence of RF/RHD was higher among low SES schools (4.6 per 1,000) compared with high SES schools (0 per 1,000).Conclusion: There is a low prevalence of RHD in school children in this region compared with the period before 1986.

scholarly journals Children in Pornography after Sharpe

2005 ◽  
Vol 43 (2) ◽  
pp. 327-350 ◽  
Author(s):  
Janine Benedet
Keyword(s):  
Supreme Court ◽  
Freedom Of Expression ◽  
Child Pornography ◽  
Criminal Code ◽  
Supreme Court Of Canada ◽  
Canadian Charter ◽  
Constitutional Protection ◽  
The Supreme Court ◽  
Definition Of

In its recent decision in R. v. Sharpe, the majority of the Supreme Court of Canada upheld the Criminal Code provisions prohibiting the possession and making of child pornography, subject to two exceptions. Despite a narrow construction of the definition of child pornography and a broad reading of the statutory defences, the majority found that prohibiting individuals from making and possessing some kinds of child pornography was an unjustifiable limit on the freedom of expression guaranteed by s. 2(b) of the Canadian Charter of Rights and Freedoms. The dissent would have upheld the legislation in its entirety. This article argues that the majority of the Court erred in considering the value of freedom of expression in a detached and abstract manner. Operating in this abstract plane led the Court to approve two significant exceptions on the basis of hypothetical examples of overbreadth, without considering the reality of the exceptions as they relate to documented child pornography cases. As a result, the Court extended constitutional protection to some categories of material that are clearly harmful to children. This result should make us sceptical of the use in Charter cases of broad reading in remedies that create complex judicial amendments with unexamined consequences.

scholarly journals Psychological features of falsehood as a method of coercion of testifying

2020 ◽  
Vol 6 (1) ◽  
pp. 128-136
Author(s):  
Evgeniya Chukanova ◽  
Tatyana Maltseva
Keyword(s):  
Freedom Of Expression ◽  
Criminal Code ◽  
Legal Analysis ◽  
Criminal Proceedings ◽  
Cultural Traditions ◽  
Conscious Choice ◽  
Illegal Acts ◽  
The Will ◽  
Broad Interpretation ◽  
Psychological Features

Falsehood is recognized as an integral part of human communications, a unique phenomenon of social reality and socio-cultural traditions. The Criminal Code of the Russian Federation does not specify the concept of the sign “other illegal actions” as a way of committing coercion to testify, and this concept is not disclosed in criminal proceedings either. An overly broad interpretation of this feature found in scientific literature makes it difficult to correctly apply the norms of the Criminal Law. In this regard, the article examines the psychological signs of deception and the possibility of recognizing it as one of the methods of coercion to testify. Based on the psychological and legal analysis of the materials of the judicial and investigative practice, it was concluded that deception cannot be related to other illegal acts of forcing to give evidence, since this method of pressure from the interrogator always allows the interrogated to think over the proposals put forward and make a conscious choice, that is, when deceiving, there is no effect on the freedom of expression of the will of the defendant. In the event that information is received that the interrogators are receiving confessions using deception, the issue of bringing these persons to disciplinary responsibility should be resolved.

scholarly journals SHARPE’S PERVERSE AESTHETIC

2011 ◽  
Vol 12 (1, 2 & 3) ◽  
pp. 2001
Author(s):  
Shannon Bell
Keyword(s):  
Sexual Activity ◽  
Freedom Of Expression ◽  
Child Pornography ◽  
Visual Representations ◽  
Criminal Code ◽  
Supreme Court Of Canada ◽  
Reasonable Person ◽  
The Supreme Court ◽  
Dominant Characteristic ◽  
Visual Materials

Robin Sharpe1 was charged with possession of child pornography under section 163.1 of the Criminal Code.2 He argued that the section violated his freedom of expression under the Canadian Charter of Rights and Freedoms.3 The Supreme Court of Canada found that the provision prohibited the possession of visual representations that a reasonable person would view as depictions of explicit sexual activity with a person under the age of eighteen. The Court found that the sexual nature of the representations must be determined objectively. That is, it must be the “dominant characteristic.”4 In addition, the Court found that the section prohibited possession of written or visual materials that actively induce or encourage sexual acts with children.5

scholarly journals Prevalence and antimicrobial resistance of Salmonella spp. isolated from chicken meat in upper northeastern Thailand

2020 ◽  
Vol 19 (2) ◽  
pp. 121-131
Author(s):  
Istiana Nur Vidayanti ◽  
◽  
Peerapol Sukon ◽  
Seri Khaengair ◽  
Chaiwat Pulsrikarn ◽  
...  
Keyword(s):  
Antimicrobial Resistance ◽  
High Resistance ◽  
Antimicrobial Susceptibility ◽  
Chicken Meat ◽  
Foodborne Disease ◽  
Salmonella Spp ◽  
The World ◽  
Khon Kaen ◽  
High Level ◽  
Northeastern Thailand

Foodborne disease associated with Salmonella spp. occurs in some parts of the world, including Thailand. The present study aimed to determine prevalence, antimicrobial resistance, and serotypes of Salmonella spp. isolated from chicken meat in upper northeastern Thailand. A total of 326 swab samples of fresh chicken meat were collected from wet markets in Khon Kaen, U-don Thani, Nong Khai, Loei, Kalasin, Maha Sarakham, and Bueng Kan Provinces, northeastern Thailand, between August and November 2019. All samples were analyzed for Salmonella spp. using the ISO 6579:2002/AMD 1:2007 method. The isolates were tested for antimicrobial susceptibility using the Kirby-Bauer method, and the serotypes of isolates positive were identified. The overall prevalence of Salmonella spp. isolated from chicken meat was 36.2% (118/326), and prevalence in the provinces was as follows: U-don Thani, 70.9%; Bueng Kan, 66.67%; Khon Kaen, 45.9%; Kalasin, 31.25%; Nong Khai, 29.8%; Maha Sarakham, 26.42% and Loei, 12.5%. Resistance was highest for nalidixic acid at 31%, followed by ampicillin (24%), tetracycline (19%), sulfamethoxazole trimethoprim (8%), norfloxacin (5%), ciprofloxacin (4%), amoxicillin (4%), and chloramphenicol (1%). However, all isolates were susceptible to ceftazidime. Twenty-seven serotypes were detected, with the Corvallis, Singapore, Kentucky and Agona serotypes being the most common. Salmonella spp. were detected in a large percentage of the swab samples of chicken meat in every city, indicating a high level of contamination of chicken meat. Given the high resistance of Salmonella strains to some antibiotics, it may be beneficial to find other drugs for salmonellosis treatment and to use antibiotics more wisely.

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