Thai Singer’s Scandal Case Sparks Fresh Debate on Thailand’s 112 Law

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Apiwat "Stamp" Ueathawornsuk

BANGKOK — Lèse-majesté, or Section 112 of the Criminal Code, which criminalizes defamation of the Thai royal family, has unexpectedly returned to public discourse in Thailand. Surprisingly, this is not due to political activism, but to a scandal involving a famous Thai singer, Apiwat “Stamp” Ueathawornsuk, who was accused of infidelity.

What began as a personal matter developed into a legal battle between the singer and a woman with whom he had an extramarital affair. The controversy escalated when the singer’s wife filed a lawsuit against the third party, “Jam”. The case was settled in court and Jam agreed to pay 1 million baht in damages to the singer’s wife.

However, two further lawsuits brought by the singer against Jam and her boyfriend for intimidation, defamation and causing public nuisance were later withdrawn. The singer claimed he had been threatened by Jam’s father who is a retired military officer. The threats included the possibility of suing the singer under Section 112, citing some of the private chats exchanged between the singer and Jam via the LINE application. The singer expressed fears that this could lead to imprisonment under the lèse-majesté law.

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iLaw page presents information to answer the question: Can screenshotting chats lead to prosecution under Section 112 cases?

The public debate on this issue has intensified after the legal organization iLaw published information suggesting that private chat messages can indeed be used as evidence in 112 cases. They cited four examples of such cases, all of which took place under the military government installed after the 2014 coup. One defendant was sentenced to four years and eight months in prison, while two others, although eventually acquitted, served more than three and a half years in prison during the trial.

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iLaw also reported that during Prime Minister Gen. Prayut Chan-o-cha’s tenure, strict enforcement of “all laws and all regulations” against political protesters has resulted in Section 112 being used more than ever before in history. Since the rise of youth-led protests in 2020, there have been 309 cases under Section 112.

Deputy Prime Minister and Minister of Defense Phumtham Wechayachai acknowledged that Section 112 has long been used as a tool, but there are also cases of actual law violations that must go through the legal process. He emphasized that the current coalition government has pledged to ensure that the law is not abused in a way that could harm the country’s key institutions.

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Protesters hold up signs denouncing lese majeste law during a rally outside Siam Commercial Bank HQ in Bangkok on Nov. 25, 2020.

Parit Wacharasindhu, a list MP and spokesperson for the People’s Party, argued that the current law allows anyone to file a case under Section 112, increasing the risk of misuse for personal disputes. Even if the alleged actions are ultimately found not to be violations, defendants must endure lengthy court proceedings, which costs time and resources. He called for stricter filter mechanisms to prevent abuse of the law.

On January 22, Colonel Thitirat Sombatsiri, spokesman for the Royal Thai Army, said they had contacted the retired general involved in the controversy. The general, who retired 5–6 years ago, clarified that it was a personal matter that he and his family had to resolve and emphasized that he did not want the matter to affect the army. He has instructed a lawyer to deal with the matter.

Col. Thitirat also pointed out that the singer, Stamp Apiwat, has not lodged any complaints with the army. Since the general in question is retired, the army is not involved in the matter.

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Colonel Thitirat Sombatsiri, spokesman for the Royal Thai Army (center)

Poonsuk Poonsukcharoen, a lawyer from the Human Rights Lawyers Center, explained that while threatening legal action is not technically considered intimidation under the law, the psychological impact on those who receive such threats can vary significantly.

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“The fact that these threats created enough fear to make Stamp refrain from exercising certain rights demonstrates how Thailand’s lèse-majesté law affects more than just political activists,” Poonsuk said. “It creates a chilling effect on the exercise of rights and freedoms, expanding the territory of fear into other areas, even when the root cause stems from personal conflicts.

Meanwhile, many people in the music and entertainment industry have posted comments saying that while Stamp Apiwat’s relationship case with another woman is one matter, no one should be threatened or framed with Section 112 cases, and no one should use this issue to silence others.

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