เสรีภาพในการแสดงความคิดเห็นตามประมวลกฎหมายอาญา มาตรา 112 / ฐนาพงษ์ ทอนฮามแก้ว = Freedom of expression under section 112 of criminal law / Thonapong Tonhamkaew
This thesis aims to study Freedom of Expression, which is essential and widely recognized among democratic countries. The right to freedom of expression, however, is limited by laws, especially expression in breach of Section 112 of the Criminal Code. The foregoing section is an important provision stipulating an offence of defamation or insult against the Head of State. Hence, there must undoubtedly be an extent of liability for the benefit of enforcement. Study shows that, Section 112 of the Criminal Code regarding the criminal offence of defamation, insult or threat to the King, Queen, the Heir-apparent or the Regent is intended to protect the King who is regarded a center of people’s mind and has long been loved and revered by all Thai people. In Thailand, the King is legally inviolable violated and shall not be subject to any sort of accusation or action. It could be said that the love, esteem and reverence given to the King has not only been established by legal provisions, but it has also taken a deep root in Thai people’s mind over years. Therefore, the aforementioned offence, which contravenes public order or good morals, would affect feelings of people in nation and society as a whole. Based on the foregoing, Section 112 seems requisite and suitable for Thai society. Study also found that the similar provision has been adopted by many democratic countries, whether a monarchy or republic country. This indicates that Section 112 does not seem to violate democratic principles or excessively control freedom of expression. Nevertheless, one of the most important issues is law enforcement problem due to ambiguous languages used in relevant legal provisions. Thus, the law enforcement officials are supposed to enforce section 112, taking into account elements of a crime and the royal status of His Majesty, which is essential for Thai people. Furthermore, information about the extent and nature of an offence should be communicated to people for better understanding of the aforementioned provision, and the enforcement of Section 112 will accordingly become more effective and accepted by people.