9/18/2019 Case | Freedom of Expression Documentation Center | น อ ลกฎหมายและค เส ภาพ articles submitted by public and the webboard. With its openness and freedom, Prachatai has established itself in public arena and become more and more a target of state Reference agencies.     Prachatai webboard’s popularity rose sharply, particularly after the 2006 coup. During the time, news from other websites was tightly controlled. Pantip website, a very popular webboard, even decided to close down its webboard on politics (Ratchadamnoen) to avoid political ramification. Meanwhile, the number of viewers of both Prachatai website and Prachatai webboard has increased markedly. It could partly be attributed to the temporary self-closure of Ratchadamnoen webboard and many former webboarders from the webboard moved to post and exchange opinions in Prachatai webboard instead, Nevertheless, the more tense political conflicts have become, the more the likeliness that opinions expressed by Prachatai webboarders have upset political actors. As content provider, Prachatai made preparation to screen out any illegal postings relying also on feedback sent voluntarily by the webboarders. In addition, Prachatai team has reached out to and cooperated with state agencies including the Ministry of Information and Communication Technology (MICT). Prachatai team made sure that its email is always available fo any coordination sought from MICT in order to help quell postings deemed illegal.   Lately, due to political unrest and the law that criminalizes internet users and service providers, Prachatai decided to close down its webboard in July 2010. On 14 September 2011, Chiranuch received the Hellman/Hammett grant from Human Rights Watch, the first Thai recipient ever, given her active roles in defending human rights. Prior to becoming Prachatai’s Director, Chiranuch was Head of Aids ACCESS Foundation in the North that working to ensure equal rights of people living with HIV/AIDS and their access to treatment.   Complainant / Plaintiff ML Panadda Diskul gave the leads to the Royal Thai Police that Prachatai webboard had postings deemed defamatory to the monarchy. The information was supplied to the authority on 24 October 2008 (not through official or written submission) ML Panadda Diskul was then Policy and Planning Analysis Officer C10 and Advisor on Security for the Office of Permanent Secretary of Ministry of Interior. At present, he is Governor of Chiang Mai. Mr. Aree Jiworarak was the person who compiled initial information to seek court warrants and to write to the National Police Chief urging him to press charges on 5 November 2008. He was then Director of Bureau of Oversight on the Use of Information Technology, Office of the Permanent Secretary of Ministry of Information and Communication Technology (MICT) The case is put under the charge of the Crime Suppression Division (CSD) with Lt. Col. Boonlert Kalayanamitra as the chief inquiry officer and Ms. Chiranuch Premchaiporn is accused of being complicit or being complacent in letting the inputting of illegal information into computer system. All cases were later combined into one with ten counts.   Legal Claims Offence against security, Wilful support or consent for illegal dissemination of information, Intermediary liability   Form of restriction on freedom Type of media Charge filed Forum / Web board     Province Court Bangkok Criminal Court     Black case Red case No: อ.1167/2553 Date: 2010-03-31 No: อ.2091/2555 Date: 2012-05-30 No: 685/2556 No: 14667/2556 Date: 2013-07-19     Arrest warrant ก บ มเ อ on 2009-03-06   Details of offence according to charge   Chiranuch was charged as a medium, a service provider of Prachatai website and web administrator of Prachatai webboard and for her failure to have timely erased illegal postings in the webboard. The postings are deemed an insult to the King, the Queen or the Heir Apparent. As a service provider, Chiranuch is accused of being complicit or https://freedom.ilaw.or.th/en/case/112#circumstance_of_arrest 2/26

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