On 18 April 2023, at the Criminal Court, Ratchadaphisek, the public prosecutor of the Office of the Attorney General (Special Litigation Office, Division 8) indicted three university students and activists: Panusaya “Rung” Sithijirawattanakul, Niraphorn “Bee” Onkaew, and Benja Apan, for the offense of jointly committing lèse-majesté under Section 112 the Criminal Code and violations of Section 14(3) of the Computer Crimes Act. The allegation concerned their role as administrators of the Facebook page “United Front of Thammasat and Demonstration,” through which posts were published criticizing the role of King Rama X in the judiciary’s decision to revoke bail granted to protest leaders on 9 August 2021.
The complaint was filed by Ms. Kanjbongkot Mekhapraphatsakul, a member of the Center of People for the Protection of the Institution (CPP). The three defendants acknowledged the charges at the Technology Crime Suppression Division (TCSD) on 7 and 10 March 2022, respectively, where they each denied all allegations.
The disputed post in this case was published on 9 August 2021, via the Facebook page “United Front of Thammasat and Demonstration.” The post consisted of four paragraphs. Investigators detailed the meaning and alleged violations in each paragraph.
Subsequently, the defense attorneys applied for bail on behalf of all three defendants. The Court granted bail at THB 90,000 in cash for each individual, provided through the Will of the People Fund. The Court also imposed conditions prohibiting the defendants from repeating acts similar to those alleged in this case or participating in any activity deemed harmful to the reputation of the monarchy, with any violation considered a breach of bail conditions. The Court scheduled the evidence examination hearing for 19 June 2023, at 9.00 AM. The bail order was issued by Judge Chanchai Na Pikun.
The indictment states that the defendants intentionally caused the public to perceive that King Rama X supported governance unaligned with democratic principles and was involved in the revocation of bail, thereby gravely damaging His Majesty’s reputation and honor.
The indictment consolidates the allegations against all three defendants into a single count. Prosecutor Kraiphun Phrommanukul prepared the indictment, beginning with the assertion that at the time of the incident, the Kingdom of Thailand was governed under a democratic regime with the King as Head of State, a revered and inviolable position under Sections 2 and 6 of the 2017 Constitution of the Kingdom of Thailand, with His Majesty King Vajiralongkorn, King Rama X, as reigning monarch.
The indictment summarizes that on the night of 9 August 2021, the three defendants, acting jointly through the publicly accessible Facebook page “United Front of Thammasat and Demonstration,” divided responsibilities among themselves as registrant, administrator, and head of publicity. They allegedly committed acts of defamation, insult, or expression of malice toward King Rama X, constituting an offense against the security of the Kingdom.
The prosecutor further alleges that the defendants intended the public to believe that King Rama X supported governance unaligned with democratic principles and was behind the revocation of bail for their associates. Such conduct, the indictment states, gravely tarnished the King’s honor, and amounted to defamation, insult, and an expression of malice toward King Rama X, who is revered by the Thai people and is constitutionally protected from violation, thereby violating the law.
The indictment additionally notes that if the defendants seek bail, the matter should remain within the discretion of the Court.This case constitutes the second indictment against Niraphorn and Panusaya arising from allegations of being administrators of the Facebook page “United Front of Thammasat and Demonstration” and facing charges of lèse-majesté. According to statistics on cases filed under Section 112, the three defendants have accumulated multiple prosecutions under Section 112: Panusaya in 10 such cases, Benja in 7, and Niraphorn in 2.
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