Current political climate makes amnesty for lèse majesté convicts tougher

Granting amnesty to individuals charged under Thailand’s royal defamation law, or Article 112 of the Penal Code, has become more difficult, despite the controversy over Thailand's latest bid to erase politically-driven offences from the past 20 years, according to experts.

The Peaceful Society Promotion Bill was cleared through parliamentary on Wednesday. It is now to be submitted to the King for royal assent before being enacted.

The bill aims to resolve political legal disputes which occurred between Jan 1st, 2005 and Jul 16th, 2025, reportedly benefiting over 6,000 people, but excluding corruption, crimes resulting in death or serious harm and lèse majesté cases.

Those 20 years were tumultuous, involving two royalist and anti-Shinawatra movements (the Yellow Shirts and the People's Democratic Reform Committee), Shinawatra-supporting Red Shirts, and a youth-led uprising, whose core demand was reform of the monarchy that led to many of the group’s leaders being charged under Section 112.

The activist-run People's Amnesty Network said Article 112 is politicised and was a focus of political conflict during the period eligible for amnesty, being weaponised for political gain.

“The discriminatory amnesty for political cases pursued by MPs and the Senate does not resolve societal conflict. On the contrary, this move curtails freedom of expression and deepens the rifts within Thai society,” the group said in its statement.

According to the Thai Lawyers for Human Rights (TLHR), at least 392 people were convicted of lèse majesté in 408 cases filed between May 22nd, 2014, and July 16th, 2025.

Today, 30 people remain behind bars in those cases, 14 of whom are denied bail and the legal cases of the other 16 have concluded, TLHR data shows.

Among them is jailed human rights lawyer Arnon Nampa, who was sentenced to 31 years in prison, and Netiporn Sanesangkhom, who died while on hunger strike in 2024.

The People's Amnesty Network is urging politicians to free the convicts, citing freedom of expression.

Freedoms not prioritised

Wiangrat Netipho, a political scientist at Chulalongkorn University, told Thai PBS World that any push towards reform of the lèse majesté law is unlikely to succeed because it goes against the ruling Bhumjaithai Party's conservative agenda of “preserving national security.”

“The current government vows to protect the throne, and it [Bhumjaithai] won the [last] election. So, it is somehow less legitimate to push the [lèse majesté] matter,” said Wiangrat, who has also served on a House committee vetting the Peaceful Society Promotion Bill when it passed the House in its first reading.

The society is not interested in the matter, unlike the youth-led movement of 4-5 years ago, as it is overshadowed by other topics, like the Cambodian-Thai conflict, the nationalist issue that boosted Bhumjaithai to its electoral victory, she said, adding “Freedom is no longer the agenda [of Thai society].”

In June 2024, a month-long survey conducted by the Secretariat of the House of Representatives showed 64% of respondents rejecting an amnesty bill, including lèse majesté cases.

The lecturer also said that the ruling party holds a strong majority in the House and allegedly controls the Senate, so it has negotiating power in deciding what to and not to move forward.

Something is better than nothing

Poom Moolsilpa, Dean of the Faculty of Social Sciences at Srinakharinwirot University, said that now might not be the right time to grant amnesty in lèse majesté cases, given it is still a debatable issue in society.

Poom explained that the bill would benefit many more people by removing other serious political offences, namely sedition under Article 116, and minor offences like those pertaining to public cleanliness and safety.

“Amnesty does not need to happen only once. Many [lèse majesté] cases might not benefit but, if we sift and see if there are mechanisms in the future, whether via normal or special procedures, it is still possible,” he said, encouraging the creation of safe and non-politicised spaces in which to seek common ground in society.

“Something is better than nothing,” he added.

This idea was echoed by many Bhumjaithai and Pheu Thai MPs during the deliberation of the draft bill.

“We cannot take everyone with us now, but we must build a ship that can carry as many people as possible. Later, we can return to pick up people still stranded, since there is a sea to cross,” said Jakrapob Penkair, a former Red-Shirt leader who was charged with lèse majesté and spent 15 years in self-imposed exile.

Both academics describe the bill as an "incomplete ending" of the Thai 20-year-long political saga.

How this bill has developed

The reconciliation process has been discussed throughout the past 20 years, with committees set up to examine the issue.

The most feasible plan came in July last year, when two draft amnesty bills, which included lèse majesté cases, were rejected, while another three drafts, combined into a single bill but excluding lèse majesté cases, passed the House’s first reading.

It sailed through its final reading in October, 2025, before being considered by the Senate, with a clause that allows amnesty for minors under the age of 20 who have been charged with lèse majesté.

The Senate, however, removed that clause, completely closing the door to royal defamation amnesty. The Senate’s change, as required by law, was approved by a majority of MPs on Wednesday.