Thailand-based national and cloth merchant Mongkol “Busbas” Thirakot was recently handed his second conviction, receiving a total sentence of 50 years in prison for a case of royal defamation via his 2021 social media publications. The Thai monarchy is shielded from criticism or defamation under the Thai Criminal Code, also referred to as the lese-majeste law.
Reports from Thai Lawyers for Human Rights (TLHR) reveal that Busbas, a Chiang Rai resident, was prosecuted under Section 112 of the Criminal Code for making 27 Facebook posts from March to April 2021. Section 112 of the Thai Penal Code provides for imprisonment for three to fifteen years for those who defame, insult, or threaten the King, the Queen, the Heir-apparent, or the Regent. The Chiang Rai Provincial Court initially sentenced him to 14 times three years in prison, which was then reduced to 28 years; two years for each post.
The Court of Appeal later found Busbas culpable of an additional 11 previously dismissed counts, leading to an aggregate sentence of 50 years. The court ruled that Thirakot’s actions, which included posting “disrespectful images” and using “rude language,” were intended to defame, insult, or display enmity towards the King, without having any symbolic or political expression. It clarified that Section 112 applies to current, deceased, and former monarchs.
Busbas also faces another Section 112 case in Chiang Rai Provincial Court, where he was sentenced to 4 years and 6 months in prison without parole on October 30, 2023, and is presently under appeal. The 50-year sentence marks the highest ever recorded under Section 112, surpassing the preceding record of around 43 years and 6 months in another case involving “Anchan,” who was convicted for circulating audio clips of a convicted DJ. Earlier this week, Thai activist Arnon Nampa also received his second conviction with an additional four-year imprisonment for a royal defamation case related to his 2021 social media publications.