Shout for Freedom to Curse at the Kingdom: Contrasting Thai Lèse Majesté Law with United States First Amendment Freedoms

Abstract

Lese-majeste (or lese majesty) laws prohibit insults, defamation, and criticism towards royal sovereigns of States. In an age of rising transparency and fight for democracy, these laws are seldom enforced and seem to be disappearing in countries where they exist. However, Thailand’s lese majeste laws, more than 100 years after their implementation, are still strongly enforced—more than 400 cases came to trial between 2006 and 2011. To avoid reprimand, citizens must at all times be wary of their public or even private discussions and published works relating to Thailand’s royalty. One need not look further than the codified law to understand the length and strength of its reach: Section 112 of the Thai Criminal Code states, “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.”