Case

Case name

Nirand: Dissemination of fake statement

Lèse-majesté

Name of persons / Name of Media

Nirand

Status of Accused

Sentence suspended

Offense / order

Article 15 Computer Related Crime Act, Article 112 Criminal Code

Summary

Nirand was a webmaster of ASTV Manager Online, he was accused to disseminate a fake statement of the Bureau of the Royal Household. He was charged with Lèse majesté and with Computer-related Crime Act. 2007

The Bangkok Military Court sentencted Nirand to 2 years 6 months in prison and suspended the prison term for 3 years because the court sees that he immediately tried to solve what he has done.

Basic information

Background of accused

At the time of the accusation, Nirand is the ASTV manager website administrator. He was discharged after the incident as well as decreased his salary.

Complainant / Plaintiff

The Inquiry officer from Technology Crime Suppression Division (TCSD) responsible for this case.

Legal Claims

Lèse-majesté

Form of restriction on freedom

Charge filed
Type of media

Website / Blog
Province

Bangkok
Court

Bangkok Military Court

Details of offence according to charge

On 2 February 2015, Nirand posted a fake statement of the Bureau of the Royal Household on ASTV manager site. He was afterwards charged with Lèse Majesté under the Criminal Code Section 112 and Computer-related Crime Act 2007 due to the fact that the statement was made up.

Circumstance of arrest

On 3 February 2015, 10.00 a.m. Nirand reported to Pol.Lt. Apichat Kornchanda, an inquiry officer at Chanasongkram police station in order to make a daily report according to the fact that on 2 February 2015 there was a report of a fake statement of the Bureau of the Royal Household No. 13 on ASTV manager which Nirand supervised.

On 6 February 2015, Matichononline reported that Pol.Lt.Gen. Prawut Thavornsiri tweeted that TCSD (Technology Crime Suppression Division) had requested the court for an arrest warrant of Nirand.

Progress of case

3 February 2015

ASTV Manager Online reported that around 10.00 a.m., Nirand met Pol.Lt. Apichat Kornchanda, Chanasongkram police officer in order to make a daily report on 2 February 2015 a fake statement of the Bureau of the Royal Household No. 13 was posted on ASTV manager until around 9.00 p.m.

Later the statement was found suspicious and malapropos. The examination had found that it was fake. Then it was deleted from the site. The website, therefore, made an announcement of apology.

6 February 2015

Matichon online reported that Pol.Lt.Gen. Prawut Thavornsiri, the assistant police chief and police spokesman tweeted that the police officer of Technology Crime Suppression Division had asked for the approval from Military Court to issue a warrant of arrest for Nirand under the Criminal Code Section 112 and Computer-related Crimes Act 2007.

Nirand was invited for an interrogation. He accepted that he is indeed the one who posted the fake statement on the website.

10 February 2015

Prachathai reported that in the afternoon, the police officer brought two Lèse Majesté detainees to the Military Court to request for a provisional detention. That two detainees are Nirand and “Ness” who were arrested due to the fake statement sharing on Facebook.

Nirand’s lawyer proposed the 2.9 Million baht of title deeds for provisional release. The Court, therefore, granted the provisional release with the reasons that Nirand had met the officer without an intention to flee and the security was reliable.

The Court granted the provisional release by assess the security in the amount of 400,000 baht. Nirand’s lawyer, therefore, paid 400,000 baht cash instead of title deeds. The officer brought Nirand to release at Bangkok Remand Prison at the same night.

29 June 2015

Deposition Examination

Prachatai reported that Nirand pleaded no guilty, the court set to Examine the first witness on 30 September 2015 at 8.30 AM

29 September 2015

The Reading of a Verdict

ASTV Manager Online reported that the Bangkok Military Court set to hand down a verdict on the date. Nirand was sentence to 5 years in prison. Due to his guilty plea, his actual sentence was mitigated to 2 years and 6 months. The court also order to suspend his prison sentence for the period of 3 years.

The Verdict

Summary of the verdict of the Court of the First Instance

The court found the defendant guilty under Lese Majeste and under Computer-related Crime Act, considered as one offense violating serveral provision of laws, sentence with the provision of law that provided the heaviest sentence.

The defendant shall be sentence to 5 years in prison under the Article 112 of the Criminal Code. The defnedant pleaded guilty the sentence shall be mitigated to 2 years and 6 months.

Given the age and the circumstance of offense where the defendant tried to recover the damage, the sentence shall be suspend for the period of 3 years.

Note

Since this case was under the jurisdiction of the Military Court during the martial law was enforced, the verdict of the Military Court then cannot be appeal

Additional Information

Apart from Nirand, "Ness" who had been charged with Lese Majeste from the publicizing of the fake statement of the Bureau of Royal House Hold was also sentenced to 2 years and 6 months with 3 years suspension.

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