Anaya Nolan
Lèse-majesté, translated from French as injured crown, is a law that forbids people from insulting the head of state or royalty. It is currently enforced in over 20 countries worldwide, including six in Asia (Brunei, Cambodia, Malaysia, Thailand, Japan, and Bhutan) and twelve in Europe (Spain, Denmark, Germany, Italy, Russia, and Switzerland). The punishment for violating lèse-majesté laws varies across countries, ranging from imprisonment to fines unaffordable for most citizens. Notably, Thailand's lèse-majesté laws have been deemed particularly severe and aggressively applied, with a rising number of convictions. This has sparked debates about the legitimacy of such laws in modern democratic societies, as critics argue that they stifle free speech and create an environment of fear.
| Characteristics | Values |
|---|---|
| Lèse-majesté laws still apply | Monarchies outside of Europe, notably in modern Thailand, Cambodia, Malaysia, and Japan |
| Lèse-majesté laws no longer apply | Europe |
| Lèse-majesté laws can apply to | Foreign heads of state |
| Lèse-majesté laws can result in | Prison terms, fines, community service |
| Lèse-majesté laws can be used to | Stifle criticism, free speech, and dissent |
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What You'll Learn
Lèse-majesté laws in Thailand
Lèse-majesté laws, which criminalize insults against the monarch and members of the royal family, are still in place in modern Thailand. Thailand is one of six countries in Asia with royal families, the others being Japan, Malaysia, Cambodia, Bhutan, and Brunei.
Thailand's lèse-majesté laws are outlined in Article 112 of the country's criminal code, which states that defaming, insulting, or threatening the king, queen, heir apparent, or regent is punishable by imprisonment of three to fifteen years. The law has been in place since the early 1900s when Thailand was known as Siam.
The aggressive application of lèse-majesté laws in Thailand has been a cause for concern for human rights experts and activists. There has been an alarming rise in the use of these laws to curtail criticism of the monarchy and stifle free speech. In one case, a 60-year-old woman was sentenced to over 43 years in prison for posting audio clips critical of the monarchy on Facebook. The number of convictions is on the rise, often in parallel with protests demanding democratic reforms and changes to the monarchy's role.
The pro-reform Move Forward Party has promised to seek changes to the law, but they were blocked from taking power by military-appointed senators, who cited the party's policy on lèse-majesté as a reason for denying them power. In January 2024, the constitutional court ruled that the party's policy to reform lèse-majesté was unlawful, and the party was dissolved.
While the Thai monarchy has faced increasing criticism and calls for reform, the lèse-majesté laws remain in place and continue to be enforced strictly, drawing concern from UN human rights experts and calls for their revision or repeal.
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Lèse-majesté laws in Cambodia
Lèse-majesté laws are in place to criminalize insults against a country's monarch and members of the royal family. Cambodia adopted its own lèse-majesté laws in 2018, allowing prosecutors to file suits on behalf of the monarchy against anyone deemed to be insulting it. The punishments for violating these laws include prison terms and hefty fines unaffordable for most Cambodians.
The first application of Cambodia's new legislation occurred when a teacher was arrested for his comments on Facebook, accusing the king of dissolving the Cambodia National Rescue Party (CNRP). The CNRP was the sole challenger to the ruling Cambodia People's Party, and months later, a CNRP deputy leader was similarly accused of lèse-majesté.
Cambodia is not the only country with such laws in place. Thailand, for example, has been increasingly aggressive in applying its lèse-majesté laws, with the number of convictions on the rise. In 2021, UN human rights experts expressed grave concern over Thailand's use of these laws to curtail criticism of the monarchy.
Malaysia, Brunei, and Japan also have lèse-majesté laws, although the latter's last conviction occurred in 1946, and the accused was pardoned under an imperial amnesty. These laws have been criticized for stifling free speech and dissent, creating an environment filled with fear and denunciations.
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Lèse-majesté laws in Malaysia
Lèse-majesté laws are in place to criminalize insults against a country's monarch and members of the royal family. While these laws are no longer taken very seriously in Europe, they are still applied in monarchies outside of Europe, such as Thailand, Cambodia, Malaysia, and Japan. In Malaysia specifically, lèse-majesté laws have been used to censor criticism of the monarchy. Malaysia is a country with multiple ethnicities and religions, and social harmony is often cited as the basis for the law. Those who violate it are blamed for inciting division.
Malaysia is one of six countries in Asia with royal families, the others being Japan, Cambodia, Bhutan, Brunei, and Thailand. Each of these countries possesses unique lèse-majesté laws. In Malaysia and Cambodia, a trend of censorship under the guise of lèse-majesté has been escalating for years. In Cambodia, which adopted its lèse-majesté laws in 2018, punishments for insulting the monarchy include prison terms and hefty fines. In Thailand, the most aggressive applier of lèse-majesté laws, a woman was sentenced to over 43 years in prison for insulting the royal family. Thailand has also charged minors with lèse-majesté for exercising their freedom of expression.
In Europe, lèse-majesté is still enforced to varying degrees. In Denmark, the monarch is protected by a libel paragraph in the Danish Penal Code, which allows for up to four months of imprisonment. However, the punishment can be doubled when the reigning monarch is the target of the libel. In Switzerland, it is illegal to insult foreign heads of state publicly. In 1999, a law in the Netherlands concerning foreign heads of state was repealed, but it is still illegal to violate the prestige of foreign flags and emblems. In 2018, Spain punished two protesters with imprisonment for burning pictures of the King of Spain, but the European Court of Human Rights ruled against this punishment.
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Lèse-majesté laws in Brunei
Lèse-majesté laws are those that criminalize insults against a country's monarch and members of its royal family. Brunei is one of six countries in Asia with royal families, and it does have lèse-majesté laws in place. However, sources on Brunei's lèse-majesté laws are scarce.
In one instance, the deputy director of the Royal Brunei Police Force, who is also a member of the Brunei royal family, filed a complaint of defamation with the Indonesian police. The complaint concerned an Instagram account that posted pictures of Sultan Hassanal Bolkiah with insulting comments. There were no further reports on this complaint, and the offending photos were later deleted from the account.
In another instance, a Bruneian foreign minister asserted that the prohibition on consensual same-sex conduct is to ensure that such acts are refrained from and limited to private spaces. However, the letter of the law clearly criminalizes same-sex sexual acts in private. This has raised concerns about the broader human rights implications of the country's penal code.
While Brunei has signed the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment, it has not yet ratified it. As a member state of the United Nations, the country has pledged to respect the Universal Declaration of Human Rights, but its penal code has been criticized as a violation of these fundamental rights.
In summary, Brunei does have lèse-majesté laws, but specific details and instances of their application are limited. The country's broader human rights record has also been a cause for concern among international observers.
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Lèse-majesté laws in Europe
Lèse-majesté laws, which criminalise insults against a monarch, ruling head of state, or the state itself, have a long history in Europe. The term, derived from the Latin phrase "laesa majestas", meaning "injured majesty", first emerged as a criminal offence in ancient Rome during the Late Empire period (200 CE to 500 CE). During this time, emperors distanced themselves from the ideals of democracy and began to equate themselves with the state, claiming their power was derived from God.
In the early medieval period, offences against majesty were considered crimes against the crown in European kingdoms. For example, in feudal Europe, counterfeiting was considered lèse-majesté because coins bore the monarch's image. However, with the decline of absolute monarchy in Europe, lèse-majesté came to be viewed as a less serious crime.
Today, lèse-majesté laws still exist in some European countries, although they are often applied differently. In the Netherlands, lèse-majesté of the monarch was punishable by up to five years in prison and/or a fine. However, in a 1966 case, a judge acquitted Dutch cartoonist Bernard Willem Holtrop, who depicted Queen Juliana as a window prostitute, of lèse-majesté. In Denmark, the monarch is protected by a libel law that allows for up to four months of imprisonment, but the punishment can be doubled if the reigning monarch is the target. In Poland, Article 135 of the penal code provides for up to three years of imprisonment for anyone who publicly insults the President. In Spain, there have been protests over the arrest of rapper Pablo Hasél for violating lèse-majesté laws, among other crimes. Belgium, however, denied Spain's extradition request for a Catalan rapper prosecuted for allegedly insulting the king.
While lèse-majesté laws have been largely decriminalised or abolished in Europe, they remain strictly enforced in some Asian countries, such as Thailand, Cambodia, and Malaysia, where they are often criticised for stifling free speech and dissent.
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Frequently asked questions
Lèse-majesté is a law that forbids people from insulting the head of state or royalty. It originates from French and literally means "to do wrong to majesty".
There are currently six countries in Asia with royal families and unique lèse-majesté laws: Japan, Malaysia, Cambodia, Bhutan, Brunei, and Thailand. Lèse-majesté laws also exist in European countries such as Denmark, Poland, Belgium, and Switzerland.
The consequences of violating lèse-majesté laws vary by country but often include prison terms and/or fines. In Thailand, a woman was sentenced to over 43 years in prison for insulting the royal family. In Poland, the maximum sentence for insulting the President is three years of imprisonment.
Yes, foreigners can be charged and imprisoned for violating lèse-majesté laws while visiting or living in a foreign country. It is important to be aware of the local laws and cultural norms to avoid unintentionally committing an offence.
