Jail Term for saying "I have lost faith in the institution of the monarchy"

In a significant development for Thailand’s judicial landscape regarding freedom of expression, the Supreme Court has delivered a final verdict in the case of Tiwagorn Withiton, a 50-year-old former engineer and farmer from Khon Kaen. On May 7, 2026, the court upheld a six-year prison sentence against Tiwagorn for violations of the Lèse-majesté law (Section 112 of the Criminal Code) and the Computer Crimes Act, stemming from his peaceful online activism in early 2021.

The hearing was marked by procedural irregularities that drew immediate concern from legal observers. Tiwagorn was summoned from the Khon Kaen Special Correctional Facility to the Khon Kaen Provincial Court without prior notification to either himself or his legal counsel. Initially under the impression that the summons pertained to his 14th bail application pending appeal, Tiwagorn was surprised to find he was there for the final verdict. When he insisted on the presence of his lawyer, the court contacted his legal team on short notice, delaying the reading until 10:30 AM.

The case centered on three specific social media posts made in February 2021. The most prominent featured a photograph of Tiwagorn wearing a t-shirt emblazoned with the message, “I have lost faith in the institution of the monarchy.” Other posts included calls for the abolition of Section 112 and the release of four prominent pro-democracy leaders who were detained at the time. In his defense, Tiwagorn argued that his use of the term “monarchy” referred to the institution as an abstract entity rather than King Vajiralongkorn personally. He maintained that criminal law must be interpreted strictly and that Section 112 only covers four specific individuals: the King, Queen, Heir-apparent, and Regent. He further asserted that his posts were a sincere exercise of constitutional rights, intended as a well-meaning critique.

However, the Supreme Court rejected these arguments. The bench—comprised of Judges Pornchai Pumkampon, Thinnakorn Korphiaroencharoen, and Amnat Yenying—concluded that the term “institution of the monarchy” inherently includes the reigning King. The court ruled that the phrase “lost faith” suggested the King was unworthy of respect, thereby inciting a loss of devotion among the public. Furthermore, regarding his calls to release detainees and suspend the use of Section 112, the court ruled that Tiwagorn had falsely imputed that the King possesses the legal authority to interfere with judicial processes or legislative application, an act deemed to defame the sovereign’s honor.

The Supreme Court also granted the prosecution’s appeal to revise a previous oversight, officially ordering the confiscation of the three t-shirts used as evidence. This final ruling marks the end of a four-year legal saga characterized by dramatic shifts. In September 2022, the Court of First Instance had initially acquitted Tiwagorn, agreeing that the term “monarchy” did not meet the specific criteria of Section 112. That decision was later overturned by the Court of Appeals Region 4, which sentenced him to nine years, reduced to six years due to his cooperation.

Following the verdict, Tiwagorn expressed that while he found the judgment unjust, he was not entirely surprised, though the abrupt nature of the hearing was jarring. As of today, Tiwagorn has already spent 632 days behind bars—approximately one year and eight months. With the Supreme Court’s decision now final, he remains incarcerated at the Khon Kaen Special Correctional Facility to serve the remaining four years of his sentence. This case serves as a stark reminder of the narrowing space for political expression in Thailand and the expansive judicial interpretation of laws protecting the monarchy.