Thailand is the only constitutional monarchy in the world that has, in fact, tightened its lèse-majesté laws (offenses against the monarchy) since the end of World War II.
Under Section 112 of Thailand’s Criminal Code, anyone who insults, defames, or threatens the king, queen, heir apparent, or regent can face imprisonment ranging from three to 15 years per count. This means that an individual facing multiple charges can ultimately receive sentences totaling decades in prison.
While similar laws exist in several countries, experts and international organizations widely agree that Thailand enforces them more strictly than any other country where such laws remain in place.
Sentences Can Reach Up to 50 Years
One of the most striking aspects of this law is that penalties are imposed per count rather than per case. In January 2024, a man was sentenced to 50 years in prison for his comments about the royal family.
Earlier, in 2017, another man received a 70-year sentence, the harshest on record at the time, though it was later reduced to 35 years after he pleaded guilty.
Data from the Thai non-governmental organization iLaw shows that, since the 2014 coup, the average prison sentence for those charged under this law has been eight years and four months.
The law’s reach is further expanded by the fact that complaints can be filed by anyone, not just authorities, and police generally feel obligated to pursue them.
There is also no official definition of what constitutes an insult, leaving interpretation heavily dependent on the discretion of authorities. Defendants are often denied bail during pre-trial detention, and proceedings are frequently held behind closed doors, including in military courts.
In practice, the scope of the law has extended far beyond the original text. Prosecutors have broadened its application to include other members of the royal family, policies of past kings from the Chakri dynasty, and even monarchs from earlier dynasties.
Truth, moreover, cannot be used as a defense in defamation charges under this law, unlike in most jurisdictions around the world.
From Text Messages to a Facebook “Like”
This law is not new. Section 112 has existed since Thailand’s first Criminal Code was established in 1908, and remained largely unchanged for more than half a century until penalties were tightened in 1976. Its enforcement became significantly more aggressive after the military seized power in a 2014 coup.
In practice, the law has been applied to an exceptionally broad range of behavior. An elderly man was once prosecuted for sending text messages deemed insulting to the queen. A Swiss national was charged after drunkenly vandalizing a poster of the late king.
Others have been reported for posting a photo of King Bhumibol’s pet dog on Facebook, and some have faced legal consequences simply for pressing the “like” button on content considered offensive.
The law does not apply only to Thai citizens. Foreign tourists and expatriates can also be prosecuted for expressing negative opinions, even in the form of jokes, whether in public spaces or on social media.
That said, foreign nationals tend to receive more lenient treatment. Some have been granted royal pardons and deported within a month of sentencing.
