The Supreme Court upheld a 3 years and 4 months prison sentence without suspension for a young company employee who commented in a Facebook group with messages considered defamatory to the monarchy under Criminal Code Section 112.
On 18 February 2026 at Samut Prakan Provincial Court, the Supreme Court read its judgment in a case where the Samut Prakan Provincial Public Prosecutor sued Wutthiphat (surname withheld) aged 31 from Phra Nakhon Si Ayutthaya province, a company employee, for violating Criminal Code Section 112 and the Computer Crime Act B.E. 2550 (2007) after he posted comments on 2 June 2020 in the Facebook group "Royalist Marketplace" that were defamatory to the monarchy.
In this case, the Samut Prakan Provincial Court, the court of first instance, acquitted Wutthiphat of the Section 112 charge but convicted him under the Computer Crime Act. The Court of Appeal Region 1 reversed this, sentencing him to 5 years imprisonment for defamation, insult, or malice against the King. Considering the defendant’s statements during the investigation and evidence, the Court of Appeal reduced the sentence by one-third, fixing imprisonment at 3 years and 4 months. The defendant then filed an appeal to the Supreme Court.
The Supreme Court considered that the defendant’s Facebook posts defamed King Rama IX, who greatly contributed to the nation and remains a revered figure and pillar of Thai citizens. The posts brought disgrace to the Chakri dynasty, diminished the King’s honor, and affected the feelings of the public, who continue to remember and honor his benevolence. The posts caused division among the people and could threaten state security. They were not made in good faith, as fair criticism, or academic expression showing no intent to defame the King.
The defendant’s actions fulfilled the elements of the offense under Criminal Code Section 112 and Section 14 paragraph one (3) of the Computer Crime Act B.E. 2550. The Court of Appeal Region 1’s punishment for the defendant on both charges was appropriate. The defendant’s appeal was dismissed, and the imprisonment of 3 years and 4 months as ruled by the Court of Appeal was upheld.
Subsequently, correctional officers took Wutthiphat, the defendant, into custody at Samut Prakan Central Prison in accordance with the Supreme Court’s ruling.