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Lèse majesté
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Lèse majesté (Law French, from the Latin laesa maiestas "injury to majesty"; in English, also lese majesty or leze majesty) is the crime of violating majesty, an offense against the dignity of a reigning sovereign or against a state.
This behavior was first classified as a criminal offense against the dignity of the Roman republic in Ancient Rome. In time, as the Emperor became identified with the Roman state (the empire never formally became a monarchy), it was essentially applied to offenses against his person.
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Encyclopedia
Lèse majesté (Law French, from the Latin laesa maiestas "injury to majesty"; in English, also lese majesty or leze majesty) is the crime of violating majesty, an offense against the dignity of a reigning sovereign or against a state.
This behavior was first classified as a criminal offense against the dignity of the Roman republic in Ancient Rome. In time, as the Emperor became identified with the Roman state (the empire never formally became a monarchy), it was essentially applied to offenses against his person. Though legally the princeps civitatis (his official title, roughly 'first citizen') could never become a sovereign, as the republic was never abolished, emperors were to be deified as divus, first posthumously but ultimately while reigning, and thus enjoyed the legal protection provided for the divinities of the state cult; by the time it was exchanged for Christianity, the monarchical tradition in all but name was well established.
Narrower conceptions of offenses against Majesty as offences against the crown predominated in the European kingdoms that emerged in the early medieval period. In feudal Europe, various real crimes were classified as lèse majesté even though not intentionally directed against the crown, such as counterfeiting because coins bear the monarch's effigy and/or coat of arms.
However, since the disappearance of absolute monarchy, this is viewed as less of a crime, although similar, more malicious acts, could be considered treason. By analogy, as modern times saw republics emerging as great powers, a similar crime may be constituted, though not under this name, by any offence against the highest representatives of any state.
Current lèse majesté laws
Thailand
Laws regarding lèse majesté in Thailand have been in the Thai criminal code since 1908 and have also been enshrined in every Constitution the Kingdom has ever had. The present charter simply reads: "The King shall be enthroned in a position of revered worship and shall not be violated. No person shall expose the King to any sort of accusation or action." The Thai Criminal code further states in Article 112: "Whoever defames, insults or threatens the King, Queen or the Heir-apparent, shall be punished with imprisonment of three to 15 years." Nowhere however does it state what constitutes 'defames' or 'insults'. It is important to note however that neither the King nor a member of the Royal Family has ever personally filed any charges. In fact during his birthday speech in 2005, King Bhumibol Adulyadej stated: "Actually, I must also be criticized. I am not afraid if the criticism concerns what I do wrong, because then I know." He further stated, "But the King can do wrong."
Social activists such as Sulak Sivaraksa were charged with the crime in the 1980s and 1990s because they allegedly criticized the King; Sulak was eventually acquitted.. Several high-profile cases were dropped. In September 2006, the leaders of a military coup accused prime minister Thaksin Shinawatra of lèse majesté; the Thai military is thought to be highly loyal to the king.
Although the King is held in great respect by many Thais, he is also protected by lèse majesté laws which allow defamatory persons to be jailed for 3 to 15 years.
Frenchman Lech Tomasz Kisielewicz who in 1995 allegedly committed lèse majesté by making a derogatory remark about a Thai princess while on board a Thai Airways flight in international airspace was taken into custody upon landing in Bangkok and charged with offending the monarchy. He was detained for two weeks, released on bail, and acquitted after writing a letter of apology to king Bhumibol Adulyadej.
Deposed Premier Thaksin Shinawatra and his political opponent Sondhi Limthongkul filed charges of lèse majesté against each other during the 2005–2006 political crisis. Thaksin's alleged lèse majesté was one of the stated reasons for the Thai military's 2006 coup.
In March 2007 Swiss national Oliver Jufer was convicted of lèse majesté and sentenced to 10 years for spray-painting on several portraits of the king while drunk in Chiang Mai, Thailand. Jufer was pardoned by the king on 12 April 2007.
In March 2008 Police Colonel Watanasak Mungkijakarndee filed a case against Jakrapob Penkhair for comments made in an FCCT event in August 2007. In 2008 BBC south-east Asia correspondent and FCCT vice-president Jonathan Head was accused of lèse majesté 3 times by Col. Watanasak Mungkijakarndee. In the most recent case Col. Watanasak filed new charges highlighting a conspiracy connecting Thaksin Shinawatra, Jakrapob Penkhair and Jonathan Head to Veera Musikapong at the FCCT.
In September 2008, Harry Nicolaides from Melbourne, Australia, was arrested at Bangkok's international airport and charged with lèse majesté, for an offending passage in his self published book Verisimilitude. Subsequently, in January 2009, after pleading guilty, he was sentenced to three years in jail. On February 21, 2009, he was pardoned by the king and released.
- Further information: Bhumibol Adulyadej#Lèse majesté
Europe
In October 2007 a 47-year-old man was fined €400 for, amongst other things, lèse majesté in The Netherlands when he called Queen Beatrix a "whore" and described several sexual acts he would like to perform on her to a police officer.
The Spanish satirical magazine El Jueves was fined for violation of Spain's lèse majesté laws after publishing an issue with a caricature of the Prince of Asturias and his wife engaging in sexual intercourse on the cover in 2007.
In Germany, Switzerland and Poland it is illegal to publicly insult foreign heads of state. On 5 January 2005, Jerzy Urban was sentenced by Poland to a fine of 20,000 zloty (about 5000 EUR or 6,200 USD) for having insulted Pope John Paul II, a visiting head of state. Also, on January 26 – January 27 2005, 28 human rights activists were temporarily detained by the Polish authorities for allegedly insulting Vladimir Putin, a visiting head of state. The activists were released after about 30 hours and only one was actually charged with insulting a foreign head of state. In October 2006, a Polish man was arrested in Warsaw after expressing his dissatisfaction with the leadership of Lech and Jaroslaw Kaczynski by passing gas loudly.
In Denmark the monarch is protected by the usual libel paragraph (§ 267 of the penal code which allows for up to four months of imprisonment), but § 115 allows for doubling of the usual punishment when the regent is target of the libel. When a non-reigning queen or the crown prince is the target, the punishment may be increasd by 50 %. There are no records of the § 115 having ever been used.
Contempt of the Sovereign is an offence under the common law of England and Wales, but today has fallen into disuse, and most give respect to the Sovereign out of common courtesy.
The law on "insulting the memory of Atatürk" in Turkey is also similar, even though the country is a Democratic Republic. Anyone found guilty of this crime serves one to three years' imprisonment.
Others
Brunei is another country which will still prosecutes lèse majesté. Also, there is currently a diplomatic incident between Australia and Kuwait over an Australian woman being held for allegedly insulting the Emir of Kuwait during a fracas with Kuwaiti Immigration authorities.
See also
External links
- , Swiss man jailed for Thai insult
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