absolutelyBangkok archive · Society
Originally published April 23, 2008
You ever wondered if somebody will keep the seat? When you’re going to the cinema in Thailand, we all enjoy the royal anthem and rise in respect. Not so Chotisak Onsoong, an enemy of the ’06 coup, who refused to stand up when the anthem was played.
The former student activist was charged with lèse majesté — violating the Criminal Code’s Article 112 which makes it a criminal offense to defame, insult or threaten the Thai king and members of the royal family.
Again. Even though the king himself in his legendary birthday speech in ’05 had clearly stated that if any convicted persons “get sent to prison, I pardon them. If they don’t go to prison, I won’t sue them, because those who violate the King and are punished are not the ones who are in trouble.”
“It would be the King who was in trouble,” the monarch said. “It is strange, but the lawyers like to send people to prison (for allegedly violating the King).” Read more of the speech further below.
I’ve seen tons and tons of movies in Thailand — and always wondered if maybe somebody missed the moment and kept on sitting and what would happen. You never know. Or an unknowing tourist? Well, next to Chotisak — two seats away exactly — sat Nawamin Witthayakul, who filed the lèse majesté charges against Chotisak when the latter refused to move. Chotisak faces 3-15 years in prison.
Was it the first time moviegoer Chotisak refused to rise? Probably not. According to the Bangkok Post Khun Nawamin had demanded the cinema staff take action against Mr Chotisak. To no avail.
Was it the first time somebody was charged for that crime? To my knowledge — in recent Thai history — yes.
Chotisak meant no ill, he assures: “I would like to stress that what I did was not intended to insult or express vengeance to the king,” Reuters quoted him as saying.
He had nevertheless caused a stir in the cinema. Chotisak’s decision to remain seated showered him with the abuse, pop corn and water bottles of several moviegoers.
One man, a report says, was so incensed he ended up scuffing with Chotisak in the aisle before the pair were separated by police. That was Khun Nawamin — who subsequently filed the complaint against Chotisak, a prominent campaigner against the September 2006 coup.
Any connection between the campaign against the coup and keeping a cinema seat? Analyzes the Asia Sentinel: Chotisak “is willing to become a martyr for something he believes in, even if it means going to jail for not standing up in a movie theater.”
Chotisak insists: “To not rise is not an offense against anyone” — noting that the Thai constitution’s Articles 4 and 28 guarantee citizens the right to make a choice according to ones beliefs and faith.
Chotisak called for Article 112 of the Criminal Code to be revoked. He said it imposes restrictions on the freedom of the people and had often been used against people with different political ideals. The lèse majesté law tends to be open to an overly broad interpretation.
Possibly read as:
Tend to be open to an overly broad politicization.
Makes you remember the legendary birthday speech of HM the King on Dec. 5, 2005, when His Majesty himself appeared to question Thailand’s not too modern laws that deter most Thais from even discussing the monarchy.
In his speech he refuted the long-accepted tradition of constitutional monarchy that the king can do no wrong. “If the King can do no wrong,” he said, “it is akin to looking down upon him because the King is not being treated as a human being. But the King can do wrong.”
His Majesty the King welcomed criticizm — if it helps to keep the monarchy informed and helps to correct any mistakes. “If you say that the King cannot be criticized, it suggests that the King is not human,” His Majesty said.
“If someone offers criticizms suggesting that the King is wrong, then I would like to be informed of their opinion. If I am not, that could be problematic… If we hold that the King cannot be criticized or violated, then the King ends up in a difficult situation.”
He said no Thai king had ever imprisoned people for such violations. Even King Rama VI (King Vajiravudh) did not punish anyone for rebelling against him. His Majesty added that during his reign, he has never allowed anybody accused of violating him to go to prison.
“If they get sent to prison, I pardon them. If they don’t go to prison, I won’t sue them, because those who violate the King and are punished are not the ones who are in trouble. It would be the King who was in trouble. It is strange, but the lawyers like to send people to prison (for allegedly violating the King).”
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