Thursday, March 12, 2009

Lese Majeste law and the Freedom of Speech in the Internet

The issue of freedom of speech and the open realm of the internet has been a constant topic of most Human Rights advocates since blogging has become a predominant activity of internet users. Content regulation v. freedom of expression: Where do we draw the line? Who determines when what has been posted is offensive? Is the freedom of expression absolute?
Here in the Philippines, I have yet to hear of a person imprisoned because of a blog. Unfortunately, in other countries there are laws which could land you in prison for what you’ve posted in your blog. Thai law (lese majeste)mandates a penalty of three to 15 years imprisonment for "whoever defames, insults or threatens the king, the queen, the heir to the throne or the Regent." You might think that the law is no longer enforced, like our RPC provision against dueling, unfortunately you’d be wrong.
Last Jan. 19, 2009, Harry Nicolaides, an Australian author, was convicted on the basis of a 103 word paragraph about the alleged sexual peccadilloes of the royal family, particularly Crown Prince Maha Vajiralongkorn in a novel he published in 2005 entitled Verisimilitude. Ironically the book only sold 7 copies. Nicolaides was given a royal pardoned a month after being sentenced (he was in jail for a total of 6 months).
While most of us take our right to post criticisms against politicians for granted, next time you contemplate posting one against the head of state of another country you might want to take a moment and check their laws. You may be free to post your views in one place but the moment you step into a different soil, you have already broken the law. The lesson to be learned? This summer before you decide on your vacation destination, look through all your blogs. Now limit your self to countries on which you’ve yet to post a negative comment.

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