Worse Than Article 112
Today I was tremendously affected by things that I saw, so much so that I was at a loss for words. First, in the morning, I saw the Facebook status of a former student of mine. My former student harshly condemned Professor Piyabutr Saengkanokkul and linked to a photo of him from Thai Post newspaper. When I scrolled down, the comments included only further condemnation, including calls to actually harm Professor Piyabutr.
The second thing that affected me today was the news that the first-year student at Thammasat University whose pseudonym is “Kan Thoop” (“Joss Stick”) was summoned by the police in relation to violation of Article 112. The summons is based on a complaint that was made in 2010. Kan Thoop herself has already been severely affected by the complaint, with two universities refusing to allow her to matriculate as a student. Most recently, at the end of last year, ASTV and Manager viciously publicized her real name, personal information and stories about her.
I am speaking about a “danger” or “a scary thing” worse than Article 112.
On it’s own, Article 112 is not too terrifying, if the person who files the complaint and the justice system proceed forthrightly in line with the true “meaning” of the words “defame, insult, threaten.” But what arises in the current witch hunt atmosphere and in the justice system is that we are unable to clearly “differentiate” between what is defaming, insulting and threatening, what is the expression of feelings or child-like “trolling,” and what is sincere criticism for the public good.
When someone files a complaint, the police do not dare to refuse to proceed. When the police send the file to the prosecutor, he has to send it to the court, because the prosecutor himself does not want to take responsibility in a “delicate” matter like this. Once the case makes it to the court, it is difficult for the “victims” to survive (In the case of “Ah Kong,” given that the proof was “not beyond doubt,” many people thought be would be spared, but he was not. Instead, he was punished even more severely than seemed conceivable.)
It seems as though “anyone at all” is permitted to go file a complaint. Those who do not like different political opinions or stances, those who do not like different colors, or those who are “ultra-royalists” -- whatever the reason, they can go file a complaint.
Article 112 has become the instrument of “anyone at all,” and anyone like that possesses a very frightening method of thinking.
For example, the majority of those who posted attacks on Facebook about Professor Piyabutr are youth of the new generation. They live a life that is fully free with respect to eating, drinking, going out, shopping, etc. You could say that in sum, their way of life holds freedom from old-style conventions.
But freedom like that tends to come automatically or naturally arises from the permeation of the values of living modern life in society from films, dance, fashion, internet media, etc. It does not come from challenging established thinking, or result from a culture of asking questions, analyzing and criticizing until thought crystallizes. Living a life of freedom that comes automatically and naturally like that is far preferable to a life of old, Thai-style conventions. Even if there were numerous “Rabiabrats”(1), how could they regulate the lives of the new generation? There is no way that they could succeed.
I cannot blame new generation for living a life of freedom. Still, this enhanced life should make people learn to be more responsible for their own lives. Yet I want to offer the observation that a life of freedom in which the freedom has not come from challenging established thinking, or resulted from a culture of asking questions, analyzing and criticizing until thought crystallizes, makes it seem like the lives of the new generation are very, very free. So when they are faced with the problem of “political freedom,” which is freedom that has to be understood in relation to challenging established thinking and a culture of asking questions, analyzing and criticizing until thought crystallizes, it becomes apparent that the new generation does not get it. They do not get the meaning and “value” of political freedom at all. They do not get what is the “problem” or the “obstacle” in the way of democratization.
Consequently, they then attack people like Professor Piyabutr, people who come out to fiercely assert political freedom on behalf of all people, including them. They then pursue a witch hunt, claiming “warped thinking.” The claim comes out by rote, as if they are mynah birds.
Does the new generation love the life of freedom? Certainly they do. Without doubt, they do not want anyone to force to them to live their life in a particular way. But what if you ask if they love “political freedom”? This is where there is a problem. The phenomenon of the Cyber Scouts, the witch hunt atmosphere, and the tendency to repetitively cite the existence of “warped thinking” like mynah birds have been readily absorbed and accepted by the new generation. All this indicates support for an assault on “political freedom” that is concerning.
What this reflects is the culture of learning and way of life inside the fenced-in university and/or the official education system. The system does not foster “citizens” who love political freedom. Yet instead inculcates citizens to love and appreciate other things. They then allow these other things to become more important than the political freedom of the people. Until those things come to be cited, again and again, as the reason to kill the people who come out to demand political freedom.
The danger, or that which is scarier than Article 112, is therefore the inability to appreciate the meaning and value of political freedom combined with the ever-present readiness to use all means to attack those who come out to demand or assert political freedom.
Today, I had a conversation with an American professor who is a work colleague of mine (he speaks Thai well). He said something worth thinking about -- “Every society has issues that are, more or less, fraught with peril. When people come out to raise questions or offer analysis on these issues, they should be supported rather than condemned.”
I have watched the media, intellectuals, and other prominent individuals offer analysis that the call to reform Article 112 and amend the Constitution is a “time bomb,” so to speak, that may create political conflict and violence in 2012. My sense is that if we are more “responsible” than those who offer this kind of analysis, and bring a reasoned, thoughtful, carefully detailed proposal comprising various views, there will not be further conflict and violence.
Do we have the courage to raise questions about or offer analysis about an issue that poses all-around risks of political conflict and violence today?
Why does the mainstream media fail to report the voices of those who are courageous enough to do so, such as Professor Somsak Jeamteerasakul, who insists on the “principles” of democracy and explains the fundamental “problem points” of democratization in a direct and logical fashion? When the other side claims that this is “warped thinking,” the mainstream media is ready to be their “mouthpiece.”
This is another kind of terror. It is terror that results from the voice of principle and reason lacking a “mouthpiece,” while the mainstream press is ready to give voice to the claim that this is “warped thinking.” Members of the new generation who love their lives of freedom but do not recognize the value of political freedom are led along easily, like a flock.
Issues that were similarly perilous in the 19th century make the “mouthpieces” of the second decade of the 21st century “afraid” to reflect the voices of principle and reason that assert political freedom and democratization.
This is the “fear that is frightening” beyond belief in our times!
Note:
(1) “Rabiabrat” refers to Rabiabrat Pongpanich, a former senator from Khon Kaen province known for her harsh, public criticisms of behavior and clothing that she sees as transgressions of what she (narrowly) identifies as Thai values and culture.
Translated by Tyrell Haberkorn.


Comments
Article 112 has become
Article 112 has become Thailand's WMD.
Mass intellectual and emotional destruction...infliction of pain and suffering...not to mention terror and mass fear and hatred.
Depriving individuals of freedom, honor, dignity, personal contact with family, friends, the community...and even legal representation at important stages of investigation.
Interference by authorities in the justice system by rigging prosecutions to make them compulsory, advisory and nearly unavoidable.
Belittling lack of fairness in the laws by equating them to necessary ability to ensure national security.
It seems similar to Einstein's discomfort with theory that left us with the atomic bomb. Weapons put into the wrong hands are inherently destructive. This is, in fact, much more the nature of the lese majeste laws, including Article 112 and the criminal defamation laws in general...that by their very existence they beg for abuse, they enable ill-minded enthusiasts to exact pain and suffering, and they are safeguarded by alleged legalities that civilized men do not, will not, and can not, recognize.
Thailand has not yet come to face with the reality that its laws and the manner in which they are enforced are geared for punishment, not protection or prevention as they should also be enforced. It is in the lack of the latter two that abuses in all laws, including the globally infamous Article 112 - well understood by many foreigners - are so easily committed.
ASTV, PAD, the NIDA-affiliated royalist academic group and others fighting the commendable Nitirat effort refuse to appreciate the inherent wrongdoing in sentencing people to prison for years because someone else was offended. The current manner of dealing with the concepts of safeguarding the monarchy and freedom of speech are archaic and unfair. They beg for immediate agency procedural reform, legislative amendment and near-future repeal. This applies to all criminal defamation laws.
[T]he lese majeste laws,
You said it Frank. These laws were put in place by dictators to be used exactly as they are used : to terrify the populace. The 'offense' to sensibilities is all affront, and a front. If these folks were in any way sensible they would attend to the plea explicitly made to them by the man they pretend to honor. They have not, do not, will not... are intent on the continued use of terror to remain in power. Forever.
Obviously... they are going down. But they will stubbornly and viciously cause as much pain and suffering as they possibly can on their way down.
LM until PTP was brought into
LM until PTP was brought into power was being used against leaders and agents of UDD and Thaksin's movement - all of whom are working for foreign corporate financier interests - in other words they are overt traitors, including Thaksin himself. I believe they should be tried for treason, but for whatever reason they've been put up for LM instead - a compromise when you really think about it since treason may result in life-sentences or even death...
http://landdestroyer.blogspot.com/2011/08/confirmed-thailands-pro-democracy.html
http://landdestroyer.blogspot.com/2011/08/exposed-indy-newspaper-funded-by-us.html
Nitirat fails to address the very real threat Thaksin poses not only to Thailand's sovereignty but because of his ties and the similarity in methods to Hun Sen's "people power" movement in Cambodia, the threat Thaksin poses to the very people he has managed to dupe into supporting him and his bid to return to power. If Nitirat stood objectively to condemn not only the acquisition of power by the military, but also the autocratic and cult-like nature of Thaksin and his UDD - I might be impressed. Instead, it, like Prachatai, is a one-sided farce only posing as progressives to cover what is essentially a pro-Thaksin, pro-UDD agenda.
Not that it has anything to
Not that it has anything to do with the LM in Thailand but, Hun Sen, lacking as he may character traits as a humanist and democracy advocate nonetheless must be remembered not only for his hard handed control but for the fact he helped lead troops alongside the Vietnamese army which ousted Pol Pot from power.
Pol Pot also, when fleeing from those that would bring him to justice found safe haven where? He found safe haven in Thailand when the generals worked out a deal for him to enjoy the sun and beach in Pukhet for 5 or 6 years.
During the conflict in Cambodia that followed, with the Khmer Rouge hiding out in the mountains, Thai generals became multi-millionaires by cutting down vast areas of forest for lumber in Cambodia. A sort of tacit agreement between the Thai generals and the KR. You don't bother us and we don't bother you.
Out of context possibly but also, let us remember the Thai generals and their puppets in government gave Thai citizenship to drug lords in Burma in return for them hunting down and helping eradicate Communist insurgents.
The Thai military was dancing to whose tune, do you think, Tony? If not the US of A and certain other forces. At one point the Thai military also participated in the slaughter of millions of Vietnamese by the US, sending close to 20,000 Thai troops to help the US.
A couple of weeks ago,
A couple of weeks ago, someone blogged (cant remember where), that the Thai army might well try to prevent an election if Prayuth suspect the Democrats might not win.The possibilities canvassed were:1. A coup.2. A conflict with Cambodia, large enough to warrant ‘delaying’ the election.Given what seems to be an over-reaction by the Thai armed forces (putting the whole of the Army on full alert, and sending in F16′s), and given that I doubt anyone at all believe Cambodia provoked this current skirmish, its tempting to think he may have been right.Time will no doubt tell.
Here's the point. Nitirat is
Here's the point. Nitirat is opposed to laws put in place by a military junta that trashed the previous constitution. They are opposed to laws that entrenched the rule of old elites (military, palace, bureaucracy). The idea is that people should have the right to choose. That isn't one-sided. It's sensible.
Very pleased to see so many academics and intellectuals prepared to support Nitirat's campaign.
As a footnote, yet another self-parody by TC: "a one-sided farce only posing as progressive...". If you stopped banging the drum for the mass-murdering military fascists who grabbed power and stopped damning political prisoners as "traitors" maybe others might be tempted to take you seriously.
You seem to be saying that
You seem to be saying that the new generation has been bought off. This is not uncommon. One could certainly argue that it happened to the British working class in times gone by.
Use this argument to compare young Thais to their Arab counterparts and the Thais don't come off too well. There again I'm always interested to know if these kinds of analysis are based on experience of Bangkok youth as opposed to Thai youth in general.
I'd venture to suggest that the disparity between youth in the Thai capital and youth outside it is likely greater than in many countries.
Apichatpong Weerasethakul is on record as being disappointed at the lack of originality he found among the youth of Bangkok compared with those further afield.
I have watched the media,
That's exactly the line taken on (by?) the latest Abac poll, according to the Bangkok Post...
Poll: Charter change may spur conflict
After citing numbers on what the people said when, "Asked what they thought could lead to an escalation of conflict"... an unworthy, loaded question worthy of the Bangkok Post itself, they cut to the chase...
Clearly they're seeking solace in the 'fact' that '52.7 per cent said they would not come out to oppose if there was a power seizure', convinced themselves that the door is not closed to their and the Royal Thai Army's 'exploiting' the “time bomb”, and are hopeful that they yet 'may create political conflict and violence in 2012' ending in coup again.
They know it's the only hope the Royal Thai Army and Democrat Party have of regaining political power.
I see the same poll differently