Thai court rules that the opposition party's proposal violates the constitution

Thailand's most popular political party won widespread support, and the ire of the conservative establishment, last year by campaigning to end military rule and weaken the draconian law that criticizes the country's monarchy prohibits.

But on Wednesday the Move Forward party and its push for change suffered a severe blow. Thailand's Constitutional Court ruled that the party's proposal to roll back the royal libel law violated the constitution because it was an attempt to overthrow the monarchy. It ordered Move Forward to cease all activities related to changing the law.

In fact, the verdict explicitly states that the royal defamation law is sacrosanct to Thailand's conservative establishment, an association of royalists, military officials and wealthy elites. Their motives were clear last year, when they moved quickly to stop Move Forward leader Pita Limjaroenrat from becoming prime minister, pushing the party into opposition even as it won the general election and gained a coalition of allies installed power.

Wednesday's ruling leaves Move Forward vulnerable to more legal challenges, which could pave the way for its eventual dissolution. It could also pave the way for a confrontation between Thailand's progressive opposition and the establishment. Move Forward and its supporters claim the royal defamation law – known as Article 112 – should be changed because it is being used as a political weapon, while the establishment says any change in the law could lead to the complete abolition of the monarchy.

These fault lines came to light in 2020 when tens of thousands of people took to the streets after the Constitutional Court dissolved the Future Forward Party, the predecessor to Move Forward. Protesters called for checks on the king's power, breaking a social taboo in a country where the monarch has always been revered.

The court ruled that the promise to change the law made by Mr. Pita and Move Forward during last year's election campaign was a move designed to overthrow Thailand's political system “with the king as head of state.”

“The exercise of liberty must not be contrary to the peace, order and good morals of the people, and must not violate the rights of other people,” said one of the judges of the nine-member court while delivering the verdict read aloud

Mr Pita told reporters on Wednesday that changing the law was not an attempt “to cause the deterioration of the monarchy”, adding that Thai society had missed an opportunity “to use parliament to deal with this in a mature way.” discuss'.

He added: “This isn't just about me personally. This is not just about our party, but this is about the future. It is about the health of Thai democracy and the future political landscape.”

The party's supporters say the party has been unfairly attacked.

“I believe that what Move Forward has asked for is not to abolish the monarchy, but instead to protect the monarchy and put the institution above politics,” 62-year-old Chayanut Panmak said outside the court before the verdict was made public was created. “At the moment, anyone can use 112 to report someone. This drags down the monarchy.”

Move Forward was the first political party to make the change to the lese majeste law a major campaign campaign. The law criminalizing criticism of the monarchy is one of the toughest in the world. Violation carries a minimum sentence of three years – the only law in Thailand that imposes a minimum prison sentence – and a maximum of 15 years for one charge.

Mr Pita and Move Forward pledged to reduce prison sentences for violators of the law and designate the Office of the Royal Household as the only body authorized to bring legal cases. (Any Thai citizen can file complaints under the current version of the law.)

After Move Forward won elections last May, the military-appointed Senate, which appoints the prime minister, blocked Mr. Pita in a first vote. Hours before a follow-up vote, the Constitutional Court suspended him from parliament pending a review of a case in which he was accused of violating electoral law by owning shares in a defunct media company.

Mr Pita was reinstated as a lawmaker last week after the Constitutional Court ruled in his favor.

Authorities charged at least 262 people with violating the law following the 2020 protests, according to Thai Lawyers for Human Rights, a legal watchdog. Earlier this month, a Thai man was sentenced to 50 years in prison for sharing content deemed insulting to the monarchy, the harshest punishment yet imposed by the law.

Ryn Jirenuwat reporting contributed.