Thai Constitutional Court Plays Whack-A-Mole On Popular Party

This previous post posed the question - can Thailand move forward following the electoral victory of the Move Forward Party?

It seems not.

The recent Constitutional Court decision to dissolve the MFP over its election platform advocating reform of the lese-majeste provision under Thailand’s Criminal Code sends a clear message.

Reforming this provision to prevent its misuse as a political tool was only part of MFP’s bold plan to shake up the institutions of power in Thailand.  Their plans received broad electoral support, including winning all except one seat in Bangkok in the May 2023 election.

The Constitutional Court has now ruled that the reforms pose a threat to both the monarchy and the democratic form of government with the monarch as head of state.

The Court also imposed a 10 year ban on 11 members of the Party’s executive team.  Each remaining MFP MP must join another political party within 60 days or lose their status. (MFP was outmaneuvered following the 2023 election by Thaksin’s Pheu Thai Party and military aligned and other minor parties who formed the requisite majority.  Around this time, Thaksin returned to Thailand, ending 15 years in exile.)

A new successor party has quickly been established, the People's Party, which plans a similar reform platform ahead of the 2027 election.

The lese-majeste provision has been interpreted very broadly by Thai courts.  There have been examples where even a like on Facebook or a simple comment - ‘yeah’ (in Thai) in response to a social media post have fallen foul of the provision.  Lengthy jail terms have ensued.  Often, prosecutions have also involved a provision under the Computer Crime Act - entering false data in a computer system - effectively doubling the jail term.

Fourteen million Thais voted for MFP in the 2023 election, with broad support in Bangkok.  Voter reaction to the Constitutional Court’s decision remains unclear. However, any stumbles or overreaching by the Government may bring protesters back to the streets.  The Constitutional Court engaging in a game of whack-a-mole for every MFP successor party may have a similar effect.

Disbanded Thai Opposition Party Rebrands as ‘People’s Party’

August 2024

© PELEN 2024

The content of this publication is intended to provide a general overview on matters which may be of interest. It is not intended to be comprehensive. It does not constitute advice in relation to particular circumstances nor does it constitute the provision of legal services, legal advice or financial product advice.