The Appeal Court has sentenced an activist to prison for royal defamation over a protest speech in Chiang Mai province in 2021.

Thanathon “Hongte” Withayabenchang faced charges under the royal defamation law and Emergency Act after he read a statement and delivered a protest speech related to the monarchy during a car mob rally in Chiang Mai province on 15 August 2021, according to Thai Lawyers for Human Rights (TLHR).

He was charged with two counts of royal defamation for a statement he read in front of the Provincial Police Region 5 Headquarters and a speech at the Three Kings Monument.

Thanathorn decided to plead guilty to the royal defamation charge related to the speech at the Three Kings Monument. However, he pleaded not guilty for the other charge, arguing that the content of the statement was a demand aimed at the police and a critique of the ruling elite as a whole, without targeting any specific person. He also argued that the royal defamation law does not protect “the monarchy” in general. Instead, it protects only the four individuals identified in the law.

On 21 August 2023, the court of first instance concluded that “the monarchy” as used in the statement did not refer to any specific member of the royal family, making it unclear whether the defendant intended to mention the King. The court ruled to dismiss the royal defamation charge for that speech.

For the other royal defamation charge, the court sentenced him to three years, but due to his guilty plea, the sentence was reduced to one year and six months. For violating the Emergency Act, Thanathorn was sentenced to one month in prison. On the same day, he was allowed bail pending appeal with 150,000 baht as security

TLHR reported on Wednesday (9 October) that the Appeal Court upheld the verdict, saying the sentence imposed was the minimum penalty. The Appeal Court found no reason to suspend the sentence.