By John Fotiadis and Jonathan Englander of Atherton Legal Services.
The entertainment industry continues to grow here in Thailand and receive international recognition. Most recently, Apichat Weerasethakul is due congratulations for his film “Uncle Boonmee Who Can Recall His Past lives” which received the 2010 Cannes Film Festival top award. In his acceptance speech, Kuhn Weerasethakul dedicated the award to Thailand, but also criticized the censorship laws in Thailand as a severe restriction for filmmakers.
Thailand admittedly enforces many rules, which restrict the content that can be portrayed in not only films, but also on television, the internet and even in video games. Other governments adopt a laissez-faire policy with respect to content, permitting nearly all content free publication under the ambit of free speech. If such free speech treads on another’s right to privacy, reputation, or sense of decency, it is generally left to the courts to decide on a case-by-case basis whether free speech has gone too far. Even in cases where the courts do find an invasion of privacy or libel, the penalty is generally limited to civil damages. No criminal penalty is assessed (except, perhaps, in limited cases of certain forms of pornography or national security threats).
Perhaps owing to culture, Thailand takes a much more proactive role in defending privacy, reputation and decency. Content which affects privacy, reputation and/or public decency is not only subject to censorship, but also subject to private lawsuits as well as criminal penalties, including fines and imprisonment.
Much discussion has been had in the international media regarding the lèse majesté rules censoring content which is deemed to “defame, insult, threaten or in any way violate the revered position of the King” and the royal family (1997 Constitution Section 8, Penal Code Sections 112, 133). Others may be unaware that censorship rules similarly protect foreign heads of state (Penal Code Sec. 133), foreign representatives to the Royal Court (Penal Code Sec. 134), and government officials acting within their duties (Penal Code Sec. 136). Content defaming individuals, whether private or public figures, is also prohibited (Penal Code Secs. 326-333).
Thailand’s censorship rules similarly protect the Thai flag from desecration (Penal Code Sec. 118), and the flags of friendly foreign states (Penal Code Sec. 135). [As a side note, this suggests that while the US Supreme Court has permitted the burning of the American flag in the United States, the same action could mandate criminal penalties here in Thailand.]
Similarly, Thailand censorship extends to protection of religion, without preferring Buddhism over other faiths (Penal Code Sec. 206).
Since 2001, the Thai government has also required that television programming block out scenes which depict the main character smoking (Tobbacco Control Act 1992, Sec. 8). However, this has not been extended to films, video games or the internet.
Of course, in commonality with the West, Thailand censors content that promotes terrorist activities (Penal Code Sec. 135/2) or is deemed obscene (Penal Code Sec. 287) including pornography in all forms.
Within Thailand, even critics of censorship often raise no objection to the principles that these laws seek to protect. Their objections principally lie with how these laws are interpreted and enforced. In relation to film and television media, these laws are enforced by the Film Censorship Board (FCB).
Through the FCB’s application of the above laws, a general policy has emerged in Thailand which governs whether films will be censored in part or banned entirely. By way of example, content of the following nature will be subject to censorship:
Any depictions of the King or any members of the royal family, including past members of the royal family, even in the most reverent manner, require approval prior to publication. (“Anna and the King,” a revival of the “King and I,” was denied permission to film in Thailand, and its exhibition was ultimately banned here as well).
Depictions of Buddhist monks in any manner other than absolute reverence. By way of example, a recent film was forced to edit a scene of monks playing a guitar as this was deemed inappropriate. Note, however, that the film entitled “Nak Prok” depicting robbers disguised as monks and originally banned in 2007 was permitted public release in 2010 utilizing the new ratings system, as further discussed below).
Depictions of Buddhist imagery in any manner other than absolute reverence. (Recent protests in Thailand surrounded a film entitled “Hollywood Buddha” in which one of the characters is depicted sitting on the head of a Buddha image).
Depictions/Suggestions of prostitution in Thailand. (Even documentaries which show scenes of prostitution or interview prostitutes in Thailand will be banned).
Content depicting sexual promiscuity, even in the absence of pornography.
By John Fotiadis and Jonathan Englander of Atherton Legal Services.The entertainment industry continues to grow here in Thailand and receive international recognition. Most recently, Apichat Weerasethakul is due congratulations for his film “Uncle Boonmee Who Can Recall His Past lives” which received the 2010 Cannes Film Festival top award. In his acceptance speech, Kuhn Weerasethakul dedicated the award to Thailand, but also criticized the censorship laws in Thailand as a severe restriction for filmmakers.Thailand admittedly enforces many rules, which restrict the content that can be portrayed in not only films, but also on television, the internet and even in video games. Other governments adopt a laissez-faire policy with respect to content, permitting nearly all content free publication under the ambit of free speech. If such free speech treads on another’s right to privacy, reputation, or sense of decency, it is generally left to the courts to decide on a case-by-case basis whether free speech has gone too far. Even in cases where the courts do find an invasion of privacy or libel, the penalty is generally limited to civil damages. No criminal penalty is assessed (except, perhaps, in limited cases of certain forms of pornography or national security threats).Perhaps owing to culture, Thailand takes a much more proactive role in defending privacy, reputation and decency. Content which affects privacy, reputation and/or public decency is not only subject to censorship, but also subject to private lawsuits as well as criminal penalties, including fines and imprisonment.Much discussion has been had in the international media regarding the lèse majesté rules censoring content which is deemed to “defame, insult, threaten or in any way violate the revered position of the King” and the royal family (1997 Constitution Section 8, Penal Code Sections 112, 133). Others may be unaware that censorship rules similarly protect foreign heads of state (Penal Code Sec. 133), foreign representatives to the Royal Court (Penal Code Sec. 134), and government officials acting within their duties (Penal Code Sec. 136). Content defaming individuals, whether private or public figures, is also prohibited (Penal Code Secs. 326-333).Thailand’s censorship rules similarly protect the Thai flag from desecration (Penal Code Sec. 118), and the flags of friendly foreign states (Penal Code Sec. 135). [As a side note, this suggests that while the US Supreme Court has permitted the burning of the American flag in the United States, the same action could mandate criminal penalties here in Thailand.]Similarly, Thailand censorship extends to protection of religion, without preferring Buddhism over other faiths (Penal Code Sec. 206).Since 2001, the Thai government has also required that television programming block out scenes which depict the main character smoking (Tobbacco Control Act 1992, Sec. 8). However, this has not been extended to films, video games or the internet.Of course, in commonality with the West, Thailand censors content that promotes terrorist activities (Penal Code Sec. 135/2) or is deemed obscene (Penal Code Sec. 287) including pornography in all forms.Within Thailand, even critics of censorship often raise no objection to the principles that these laws seek to protect. Their objections principally lie with how these laws are interpreted and enforced. In relation to film and television media, these laws are enforced by the Film Censorship Board (FCB).Through the FCB’s application of the above laws, a general policy has emerged in Thailand which governs whether films will be censored in part or banned entirely. By way of example, content of the following nature will be subject to censorship:Any depictions of the King or any members of the royal family, including past members of the royal family, even in the most reverent manner, require approval prior to publication. (“Anna and the King,” a revival of the “King and I,” was denied permission to film in Thailand, and its exhibition was ultimately banned here as well).Depictions of Buddhist monks in any manner other than absolute reverence. By way of example, a recent film was forced to edit a scene of monks playing a guitar as this was deemed inappropriate. Note, however, that the film entitled “Nak Prok” depicting robbers disguised as monks and originally banned in 2007 was permitted public release in 2010 utilizing the new ratings system, as further discussed below).Depictions of Buddhist imagery in any manner other than absolute reverence. (Recent protests in Thailand surrounded a film entitled “Hollywood Buddha” in which one of the characters is depicted sitting on the head of a Buddha image).Depictions/Suggestions of prostitution in Thailand. (Even documentaries which show scenes of prostitution or interview prostitutes in Thailand will be banned).Content depicting sexual promiscuity, even in the absence of pornography.
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