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Censorship in Thailand

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Freedom of speech was guaranteed in 1997 and those guarantees continue in 2007. Mechanisms for censorship have included strict lèse-majesté laws, direct government/military control over the broadcast media, and the use of economic and political pressure. Criticism of the king is banned by the constitution, although most lèse-majesté cases have been directed at foreigners, or at Thai opponents of political, social and commercial leaders.

Thailand ranked 59 of 167 countries in 2004 and then fell to 107 of 167 countries in 2005 in Press Freedom Index from Reporters Without Borders. Thailand's ranking fell to 153 of 178 in 2010 and rose to 137 of 179 in 2011–2012. In the 2014 index, Thailand ranked 130 of 180 nations, falling to 142 in 2017 and to 140 in 2018.

Guarantees of freedom of speech, expression, and the press

Freedom of speech was guaranteed in the 1997 constitution of Thailand. Those guarantees continue in the 2007 Constitution, which states in part:

  • Section 36: A person shall enjoy the liberty of communication by any means [บุคคลย่อมมีเสรีภาพในการติดต่อสื่อสารถึงกันไม่ว่าในทางใดๆ].
    • Censorship, detention or disclosure of communication between persons including any other act disclosing a statement in communication between persons shall not be made except by virtue of the provisions of the law specifically enacted for security of the state or maintaining public order or good morals.
  • Section 45: A person shall enjoy the liberty to express his or her opinion, make speeches, write, print, publicize, and make expression by other means.
    • Restriction on liberty under paragraph one shall not be imposed except by virtue of the provisions of law specifically enacted for the purpose of maintaining the security of the state, safeguarding the rights, liberties, dignity, reputation, family or privacy rights of other persons, maintaining public order or good morals or preventing the deterioration of the mind or health of the public.
    • Closure of a press house or radio or television station to deprive them of the liberty under this section shall not be made.
    • Censorship by a competent official of news and articles before their publication in a newspaper, printed matter, or radio or television broadcasting shall not be made except during the time when the country is in a state of war or armed conflict; provided that it must be made by virtue of the law enacted under the provisions of paragraph two.
    • Owner of a newspaper or other mass media business shall be a Thai national.
    • No grant of money or other properties shall be given by the state as subsidies to private newspapers or other mass media.
  • Section 46: Officials or employees of a private sector undertaking, newspaper or radio or television broadcasting business shall enjoy their liberty to present news and express their opinions under the constitutional restrictions without mandate of any state agency or owner of such business provided that it is not contrary to their professional ethics.
  • Section 26: In exercising powers of all state authorities, regard shall be given to human dignity, rights, and liberties in accordance with the provisions of this Constitution.
  • Section 28: A person can invoke human dignity or exercise his or her rights and liberties in so far as it is not in violation of rights and liberties of other persons or contrary to this Constitution or good morals.
  • Section 29: Restriction of such rights and liberties as recognized by the Constitution shall not be imposed on a person except by virtue of provisions of the law which must not affect the essential substances of such rights and liberties.

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