Relevant Laws
Laws protecting the reputation of the monarchy have a long tradition in Thailand,
and have been enshrined in every version of its Constitution. The 2007
Constitution provides that the “King shall be enthroned in a position of revered
worship and shall not be violated. No person shall expose the King to any sort of
accusation or action.”
Lèse majesté is an offense under the Penal Code, punishable by three to 15 years in
prison. Thailand’s police chief also has the power to ban import of any publication
deemed to contain lèse majesté or contrary to public order or good morals. Under
Thai law, anyone may file a police complaint against someone he or she deems to
have defamed the monarch or others in the royal family.
The Offenses Relating to Computers Act of 2007 addresses topics such as hacking
and the distribution of pornography. Sect. 14 prohibits entering information into a
computer system that constitutes an offense related to national security. It is
punishable by up to five years in prison or a fine of up to 100,000 baht (approx.
US$3,000), or both. Sect. 20 permits authorities to seek court orders prohibiting
distribution of information via a computer that could affect national security or
contrary to public order or good morals. Since lèse majesté offenses are treated as
national security violations, these provisions allow authorities to block sites
deemed insulting to the monarchy. They have often been used against bloggers.
General defamation is also an offense under the Penal Code, punishable by up to
one year in prison, a fine of up to 20,000 baht (approx. US$600), or both. Since
1992, when the statement is published or broadcast to a wider audience, the
maximum penalties are two years’ prison and a fine of 200,000 baht (approx.
US$6,000). For newspapers, liability is limited to the authors of texts, and editors
and publishers are no longer liable for defamation by their reporters.
Penal Code
Sect. 112: Whoever defames, insults or threatens the King, the Queen, the Heir
Apparent or the Regent shall be punished with imprisonment of three to 15 years.
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Sect. 118: Whoever commits any act against the flag or any other emblem
symbolizing the State with the intent to deride the Nation shall be punished with
imprisonment not exceeding two years or fined up to 4,000 baht (approx. US$120)
or both.
Sect. 133: Whoever defames, insults or threatens the Sovereign, his Queen or her
Consort, the Heir Apparent or head of a foreign State shall be punished with
imprisonment between one to seven years or a fine between 2,000 to 140,000 baht
(approx. US$60-4,100) or both.
Sect. 134: Whoever defames, insults or threatens a foreign representative
accredited to the Royal Court shall be punished with imprisonment between six
months to five years or a fine between 1,000 to 10,000 baht (approx. US$30-300)
or both.
Sect. 135: Whoever commits any act against the flag or other emblem symbolizing
a friendly foreign State with intent to deride such State shall be punished with
imprisonment not exceeding two years or a fine not exceeding 4,000 baht (approx.
US$120) or both.
Sect. 136: Whoever insults any official in the due exercise of his functions or by
reason of the due exercise of his functions shall be punished with imprisonment not
exceeding one year or a fine not exceeding 20,000 baht (approx. US$600) or both.
Sect. 198: Whoever insults the court or the judge in a trial or adjudication of a
case, or obstructs the trial or adjudication of the court, shall be punished with
imprisonment of four to seven years or fined between 2,000 and 14,000 baht
(approx. US$60-420) or both.
Sect. 326: Whoever imputes anything to the other person before a third person in a
manner likely to impair the reputation of such other person or to expose such other
person to hatred or contempt is said to commit defamation and shall be punished
with imprisonment not exceeding one year or fined not exceeding 20,000 baht
(approx. US$600) or both.
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Sect. 327: Whoever imputes anything to a deceased person before a third person,
such imputation being likely to impair the reputation of the father, mother, spouse
or child of the deceased or to expose such person to hatred or contempt, is said to
commit defamation and shall be liable to the same punishment as provided in Sect.
326.
Sect. 328: If the offense of defamation is committed by means of publication of
any document, drawing, painting, motion picture, picture, or letters made visible
by any means, gramophone record or any other recording instruments, or by
broadcasting or by propagation by any means, the offender shall be punished with
imprisonment not exceeding two years or a fine not exceeding 200,000 baht
(approx. US$6,000).
Sect. 329: Whoever, in good faith, expresses any opinion or statement
1. by way of self-justification or defense, or for the protection of a legitimate
interest;
2. in the status of an official in the exercise of his functions;
3. by way of fair comment on any person or thing subject to public criticism; or
4. by way of fair report of the open proceedings of any court or meeting, shall not
be guilty of defamation.
Sect. 330: In the case of defamation, if the person prosecuted for defamation can
prove that the imputation made by him is true, he shall not be punished. But he
shall not be allowed to prove truth if such imputation concerns personal matters
and such proof will not be of any interest to the public.
Sect. 393: Whoever insults another person in his presence shall be imprisoned for
up to one month or fined up to 1,000 baht (approx. US$30), or both.
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VIETNAM
Population: 89 million
Press Freedom Rating: Not Free
The government kept rigid control of the Internet. In 2010, it
stepped up efforts to silence web-based media by supporting
cyber attacks and launching a major crackdown on bloggers.
In January, a well-known lawyer for human rights activists
and journalists was convicted of “spreading propaganda” and “offending” the
prime minister. Le Cong Dinh was sentenced to five years in prison and
subsequent three years’ house arrest. It was believed his arrest was retaliation for a
libel suit by a group of lawyers against the prime minister.
Dissident writer Pham Thanh Nghien was sentenced to four years in prison and
three years’ house arrest. She was arrested in 2008 and charged with “propaganda
against the State” after protesting Vietnam’s position on island territories disputed
with China. At trial, the charge turned to “defaming public officials” and over a
2007 article alleging stealing money meant for the widows of fishermen killed
accidentally by the Chinese Navy. Three US Senators called for her acquittal.
Relevant Laws
Regulations introduced in December 2008 prohibit blogs from covering or linking
to content that opposes the State, undermines social order, reveals state secrets or
undermines the honor and dignity of its citizens. Vietnamese Information Minister
Do Quy Han reportedly said blogs must not deal with politics, religion or social
issues. Since October 2008, the
Administration Agency for Radio, Television and
Electronics Information has monitored Internet content.
Penal Code
Art. 79 Carrying out activities aimed at overthrowing the people’s
administration (subversion): Those who carry out activities, establish or join
organizations with the intent to overthrow the people’s administration shall be
subject to the following penalties:
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1. Organizers, instigators and active participants or those who cause serious
consequences shall be sentenced to between 12 and 20 years of imprisonment, life
imprisonment or capital punishment;
2. Other accomplices shall be subject to between five and 15 years of
imprisonment.
Art. 88 Conducting propaganda against the Socialist Republic of Vietnam:
This article prohibits committing the following acts against the Socialist Republic
of Vietnam:
a) Propagating against, distorting and/or defaming the people’s administration;
b) Propagating psychological warfare and spreading fabricated news to foment
confusion among people;
c) Making, storing and/or circulating documents and/or cultural products with
contents against the Socialist Republic of Vietnam. Penalties range from three to
20 years’ imprisonment.
Art. 122 Slander: 1. Those who trump up or spread stories knowing them to be
fabricated to infringe the honor or damage the legitimate rights and interests of
other persons or fabricate claims of committed crimes against others and wrongly
denounce them before the competent agencies shall be subject to warning,
noncustodial reform for up to two years or a prison term ranging from three
months to two years.
2. Where the crime is committed in one of the following circumstances, the
offenders shall be sentenced to imprisonment ranging from one to seven years:
a) In an organized manner;
b) Abusing their positions and powers;
c) Against more than one person;
d) Against their own grandfathers, grandmothers, fathers, mothers or persons who
teach, nurture, look after, educate and/or medically treat them;
e) Against persons who are performing their official duties;
f) Slandering other persons about committing very serious or particularly serious
crimes.
3. Offenders may also be subjected to a fine ranging from 1 million to 10 million
dong (about US$54-540), a ban from holding certain posts, practicing certain
occupations or carrying out certain jobs for one to five years.
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Art. 258 Abusing democratic freedoms to infringe the interests of the State,
the legitimate rights and interests of organizations and/or citizens:
1. Those who abuse the rights to freedom of speech, freedom of press, freedom of
belief, religion, assembly, association and other democratic freedoms to infringe
the interests of the State, the legitimate rights and interests of organizations and/or
citizens, shall be subject to warning, non-custodial reform for up to three years or a
prison term ranging from six months to three years.
2. Where the offense is committed in serious circumstances, the offenders shall be
sentenced to imprisonment ranging from two to seven years.
Art. 276 Affronting the national flag or national emblem: Those who
deliberately affront the national flag and/or the national emblem shall be subject to
warning, non-custodial reform for up to three years or a prison term ranging from
six months to three years.
Art. 319 Insulting or assaulting commanders or superiors:
1. Those who, in working relationships, seriously hurt the dignity and honor of or
assault commanders or superiors, shall be subject to non-custodial reform for up to
three years or a prison term ranging from three months to three years.
2. Where the commission of the crime causes serious, very serious or particularly
serious consequences, the offenders shall be sentenced to imprisonment ranging
from two years to seven years.
Art. 329 Making false reports:
1. Those who intentionally make false reports, causing serious consequences, shall
be subject to non-custodial reform for up to three years or a prison term of three
months to three years.
2. Where the commission of the crime causes very serious or particularly serious
consequences, the offenders shall be sentenced to two to seven years of
imprisonment.
Decree No. 97/2008, Aug. 28, 2008, On the Management, Provision and Use of
Internet Services and Electronic Information on the Internet
Art. 6. Prohibited Acts:
1. Abusing the Internet for the purposes of:
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a) Opposing the State of the Socialist Republic of Vietnam, undermining national
security and social order and safety; destroying the all-people great unity bloc;
spreading propaganda on wars of aggression; sowing hatred and conflict between
nations, ethnic groups and religions; spreading propaganda on and inciting
violence, obscenity and debauchery, crime, social evils, superstition; and
destroying national fine customs and traditions;
b) Disclosing state secrets and military, security, economic, foreign relation and
other secrets as prescribed by law …
Circular No. 07/2008 of Dec.13, 2008, Ministry of Information and
Communication Guidelines Regarding Decree No. 97/2008, Aug. 28, 2008:
Section 3. Prohibited acts in Art. 6, Decree No. 97 on the supply of
information on blogs are specified as follows: 3.1. Taking advantage of blogs for
providing, transmitting or creating direct links to information that violates the
provisions of Art. 6, Decree No. 97.
3.2. Creating blogs in the name of other individuals or organizations; illegally
using blogs of other individuals; providing untrue information that infringes lawful
rights and interests of other organizations and individuals.
3.3. Disseminating press, literary and art works and publications that violate the
press and publication laws.
Decree No. 51/2002 of April 26, 2002: Detailing the Implementation of the
Press Law (Dec. 28, 1989) and the Law Amending and Supplementing a
Number of Articles of the Press Law (June 12, 1999):
Art. 5 outlines matters not to be covered by the press. It provides that, under Art.
10 of the original press law, the following matters must not be published or
broadcast:
1. Press, artistic or literary works or documents in contravention of law, with
contents opposing the State of the Socialist Republic of Vietnam and undermining
the entire people’s unity bloc. …
3. Photos without clear captions or which affect the concerned individuals’ prestige
or honor (except for photos giving information on public meetings or collective
activities, working sessions, art performances, sports and physical training, wanted
persons, open court hearings or defendants in serious cases who are serving court
sentences).
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Algeria
Iraq
Sudan
Bahrain
Kuwait
Tunisia
Egypt
Lebanon
United Arab Emirates
Iran
Morocco
Yemen
OVERVIEW OF MIDDLE EAST AND NORTH AFRICA
The surprise at the end of 2010 was the “Arab Spring,” giving hope to many
journalists for a future of press freedom. But through most of the year, Middle East
and North African governments were clamped down on reporters. Lawmakers
were busy drafting laws to restrict the press. In Yemen, they were voting on
whether to increase prison terms for “insult” offenses, and in the United Arab
Emirates, they discussed a draft law to imposed heavy fines for “insulting” the
royal family. Lebanon, however, was working on a law that analysts agreed would
be a major step forward. Meanwhile, in Bahrain, officials launched a sustained
crackdown on bloggers.
Huge fines were also the way to punish reporters in other MENA countries. In
Morocco, an editor and a cartoonist faced a stunning $383,000 damages for
insulting a prince, though the case was eventually dropped. In Iraq, a weekly
newspaper was slapped with a $1 billion defamation suit filed by the head of the
Kurdish Regional Government. In Lebanon, a TV presenter was charged with
“slander” and fined $20,000, with a three-month prison sentence.
Lebanon was also where Facebook became the focus of defamation issues. Three
users were charged with “defamation,” “insult” and “slandering” the President.
“Insult to the President” was a frequent charge in Iran, with tough sentences. One
reporter was allegedly placed in solitary confinement pending trial, and a journalist
for Newsweek was sentenced in absentia to 13 years and 74 lashes.
-- P.McC.
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ALGERIA
Population: 35.4 million
Press Freedom Rating: Not Free
The number of legal cases against journalists declined
significantly in 2010, prompting Reporters Without Borders to
raise Algeria’s press ranking by eight places over 2009, to 133.
Yet, many reporters still faced defamation charges.
In late 2010, Omar Belhouchet, Editor of El Watan and a frequent target of
suits, still awaited trial on three libel charges for articles printed in 2008 and 2009.
Belkacem Belhamideche, the Director of French-language daily Reflexion, and
one of his reporters, were both sentenced to six months in prison for publishing a
letter by a local businessman. accusing a mayor of trying to bribe him.
Saleh Souadi, a journalist for El-Khabar, was also sentenced to six months in
prison for defaming a hospital administrator. The case was considered weak since
the article ran before the administrator assumed his post and did not name him.
Relevant Laws
Both the 1990 Information Law and the Penal Code impose criminal penalties for
defamation and insult. Amendments to the Penal Code in 2001 increased some
applicable penalties.
Penal Code
Art. 144: Anyone who insults, with the intent to affront the honor or respect of
their authority, a magistrate, public official or officer, police officer in the exercise
of their duties or in connection therewith, by words, gestures, threats, drawings or
writings even not rendered public, is punishable by imprisonment of two months to
two years and a fine of 1,000 to 500,000 dinars (approx. US$14- 7,000) or one of
these penalties. When the insult is committed against one or more magistrates or
associate judges at a court or tribunal hearing, imprisonment ranges from one to
two years.
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Article 144b: Any person who offends the President in an expression deemed
offensive, insulting or defamatory, be it orally, in drawings, declarations or through
the support of any other electronic, computer or information means is punishable
by imprisonment of three months to one year and a fine of 50,000 to 250,000
dinars (approx. US$ 7,000-35,000) or one of these penalties. In case of recidivism,
applicable penalties are doubled.
Art. 144b(1): When the infraction is committed in a daily, weekly or other
publication, legal proceedings will be undertaken against the author of the insult,
the managers and editors of the publication, as well as the publication itself. In this
case, the authors of the infraction are punishable by imprisonment of three months
to one year and a fine of 50,000 to 250,000 dinars (approx. US$7,000- 35,000) or
one of these penalties. In case of recidivism, penalties are doubled.
Art.144b(2): Offending the Prophet or the principles and tenets of Islam, in
writing, a drawing, by declaration or any other means, is punishable by
imprisonment of three to five years and a fine of 50,000 to 100,000 dinars (approx.
US$7,000-14,000), or one of these penalties.
Art. 146: These penalties in Arts. 144b and 144b.1 also apply in cases of offenses
against the Parliament, courts, the ANP (National Popular Army) and any other
public institution or constituent body. In case of recidivism, penalties are doubled.
Art. 160b: Voluntary and public tearing or profaning of national emblems is
punishable by imprisonment of five to 10 years.
Art. 296: Every allegation or imputation of a fact that undermines the honor of the
person or body to whom the fact is imputed is defamation. The direct publication
or reproduction of such allegation or imputation is punishable, even if it is
expressed in the form of a question, or targets a person or body not expressly
named, where the identification is possible from the expressed comment, threat,
writing, printed material, or poster.
Art. 297: Every outrageous expression, term of contempt or invective that does not
contain an imputation of fact is an insult.
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Art 298: Defamation of private individuals is punishable by imprisonment of five
days to six months and a fine of 5,000 to 50,000 dinars (approx. US$700- 7,000) or
one of these penalties. Defamation with the intent to incite hatred among citizens
or inhabitants, directed toward one or more members of an ethnic group, a group
espousing a particular doctrine or any religion, is punishable by imprisonment of
one month to one year and a fine of 10,000 to 100,000 dinars (approx. US$1,400-
14,000) or one of these penalties.
Art. 298b: All insults committed against one or more members of a particular
ethnic group, a group espousing a particular doctrine or any religion, are
punishable by imprisonment of five days to six months and a fine of 5,000 to
50,000 dinars (approx. US$700-7,000) or one of these penalties.
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