FACTback – Freedom Against Censorship Thailand (Backup)

กลุ่มเสรีภาพต่อต้านการเซ็นเซอร์แห่งประเทศไทย (ฉบับกันเสีย)

Archive for September 2008

Children of the Dark ban at BKKIFF-Thai Film Journal

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[FACT comments: Thailand’s culture vultures are at it again. We can’t look at too much “art”: it might confuse us! Director Sakamoto should not agree to any censorship cuts but agree to a film rating as more equitable. Since the ‘Culture’ ministry forced cuts to Apichatwong’s Syndromes and a Century, we have been watching Thai movies with eagle eyes. Many of the Thai films at the Bangkok International Film Festival and trailers for others to be shown in theatres portray Thai Buddhist monks as superstitious fools and buffoons. Of course, nearly every Thai man has common experience of a time in the monkhood but all we’ve talked to regard this as time for spiritual advancement not tomfoolery. However, these Thai light films are intended for a local audience and highly unlikely to reach foreigners. But they are a far cry from Apichatwong’s monk playing a guitar!]

Children of the Dark director willing to accept censorship, but not ban
Wise Kwai’s Thai Film Journal: September 25, 2008

http://thaifilmjournal.blogspot.com/

Junji Sakamoto, the director of Children of the Dark (Yami no kodomo-tachi) held a press conference yesterday at the Foreign Correspondents’ Club of Thailand to address the banning of his film from the Bangkok International Film Festival. Producers Yukiko Shiii and Masaomi Karasaki also flew to Bangkok to talk to the press.

Sakamoto says he offered to recut the drama about child-sex slavery so it would be more appropriate for Thai sensibilities. He and his producers also clarified that they hadn’t shot the film illegaly. And, they’re still waiting to hear a more detailed explanation as to why his film was banned from the festival.

Absolutely Bangkok has coverage of the press conference, as does Deutsche Presse-Agentur, and The Hollywood Reporter and Variety. Daily Xpress has a followup to its earlier story, but it hasn’t been put online. Here’s some a quote from Absolutely Bangkok:

We are very sorry that we can’t play this film at this fest – since it’s shot in Thailand,” Sakamoto told the FCCT. “We were very ready to edit the film to cater for the censorship in Thailand. The festival had actually asked us to bring the film without any cuts. Original films can be played at the festival, they said.”

Of course the programmers would want the original version — they aren’t afraid to show the truth. However their decision was overridden by higher authorities in the government, the Thailand Film Office, the Ministry of Culture and the Ministry of Tourism and Sport.

When the ban was initially reported, the reason stated was that the filmmakers didn’t have or weren’t granted the proper permission to make their movie in Thailand. Here’s more from the press conference, via Absolutely Bangkok:

The semi-official uninvite came from the Ministry of Tourism, says director Sakamoto: “In August we were invited, on September 17th we were uninvited. They used a tricky way. Said we didn’t have the proper permissions. Said that “we’d filmed something that is hidden. We just tried to open up the issues,” says directer Sakamoto. “We got all the visas and permissions needed. There is nothing unlawful.”

Producer Masaomi Karasaki wants to cry, but politely laughs off the Thai powers that be politely: “Every foreign film producer must get an approval from the Thai authorities to shoot here. Our first request was denied. We then proposed it to be a joint production between Thailand and Japan. Many foreign movies do that. So we got the permissions of all the authorities. And the film became a huge success in Japan. We didn’t expect this.”

There have been implications that by reapplying as a Thai co-production, the filmmakers went around people’s backs to get their permit — that they were being sneaky. It’s true, though, that co-productions don’t have to have their scripts vetted as foreign productions do. Here’s more from Kong Rithdee’s Variety story:

Sakamoto and his producers, Yukiko Shii and Masaomi Karasaki, flew to Bangkok with an obvious intention to clarify some reports in Thai newspapers that the film Children of the Dark was shot illegally in Thailand.

“We strongly stress that we shot the movie by entering a co-production with a Thai company, and we got working visas for the crew,” said Sakamoto. “We didn’t shoot the film unlawfully.”

Since the initial report of the film’s ban, festival officials have said the issue with Children of the Dark is its sensitive content.

In earlier stories, festival president Jaruek Kaljaruek, also head of the Federation of National Film Associations of Thailand and managing director at Kantana Group, said the film had “inappropriate content” and festival artistic director Yongyoot Thongkongtoon, a producer at GMM Tai Hub, stated that “it’s a sensitive issue”.

Those two men have higher authorities to answer to. They are being made to carry water.

The film premiered at the Karlovy Vary International Film Festival in the Czech Republic in July and was released in Japan in August. It stars Yôsuke Eguchi and Aoi Miyazaki Aoi as a Japanese journalist and social worker in Thailand who are trying to rescue children from a ring of foreign pedophiles.

Here’s more from the press conference, via Absolutely Bangkok, on just how strong the film’s content is, and how it was rated in Japan:

Explains producer Yukiko Shiii, ironically: “The film is that bad, in Japan it first got a R-15 rating for children older than 15. Then it was rated as a PG-12. Under parents’ guidance children older than twelve are allowed to see it in Japan.”

In short: What kids in Japan are legally allowed to see is to hard to swallow for grown up Thais.

Shiii: “You’ll find more sensational images everywhere on the Internet, they’re that widespread. The film is nothing in comparison to that. We just wanted to show people how reality really looks.”

[…]

Sakamoto, Shiii, Karasaki, they again and again emphasize how sorry they are that the film is rejected in Thailand. Director Sakamoto: “I wanted to see the reactions of the Thai people when they see the movie. How they feel. I’m very sorry not to see those reactions.”

“This film must be shown to all of the world,“ reads an earlier statement, especially in Thailand for the children’s future. To stop this film is the same as shutting children’s futures, also shutting the future in the country.”

Producer Karasaki: “We expected an open Thailand. But this film is not just about Thailand. It’s about the whole region, helping people on the outside to understand the problem.”

Thing is, as one of nearly 80 films in a festival, Children of the Dark was barely on my radar, even if I’d heard about it months ago. Now that it’s been banned, everyone wants to see it. It’s interesting how that works.

See also:

Lese majeste in Morocco-Menassat

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[FACT comments: We would certainly not wish the immediacy of Thailand’s lese majeste crisis on others. But it’s interesting to see that other countries can get equally crazy over this completely banal issue. Not that Moroccan blogger Erraji is free only because of procedural errors; it is highly likely he will be re-charged. We could not agree less with the original title of this article!]

‘A turning point for Internet freedom in Morocco’
Rachid Jankari
Menassat: September 12, 2008

http://www.menassat.com/?q=en/news-articles/4611-turning-point-internet-freedom-morocco

CASABLANCA, September 12 (MENASSAT) – The Moroccan blogosphere is still reeling from the shock of Mohamed Erraji’s arrest and sentencing. 

Erraji, a blogger and collabarotor of the site hespress.com, was arrested on September 8 after he posted an article criticizing the Moroccan King’s social policies. He was sentenced to two years in prison and a $640 dollar fine.

On Thursday, the court of appeals in Agadir ordered Erraji’s conditional release because of procedural mistakes but the blogger is still facing a new trial on the same charges.

Footage from Morocco’s 2M TV channel of Mohamed Erraji’s release from prison on Thursday. 

The reaction of the Moroccan and international blogosphere to Erraji’s arrest was swift. A campaign website was launched at http://helperraji.com/, and fellow bloggers established a virtual support network through a Facebook group and their own personal blogs.

Larbi, a well-known Moroccan blogger who blogs at larbi.org, told MENASSAT, “If further proof was needed, [the Erraji affair] has shown once and for all that the image of Morocco’s “new regime” as modern and open is nothing but a house of cards. Let’s face it: Mohamed VI’s Morocco is no better than Mubarak’s Egypt or Benali’s Tunisia. It is time to say it out loud.”

The Erraji affair has made headlines around the world, and many international rights organizations were quick to denounce the sentencing of Mohamed Erraji.

As a result, the court of appeals in Agadir ordered Erraji’s conditional release on September 11, just three days after his sentencing by the lower court.

The court of appeals justified its decision by saying that the lower court had failed to respect “certain procedural requirements” under the press and publication law.

Erraji was prosecuted under Article 14 of Morocco’s “Code de la Presse,” which makes punishable with a prison sentence of three to five years and a fine of 10.000 to 100.000 dirhams “any offense to His Majesty the King, the Royal princes and princesses… committed through one of the means stipulated under Article 38.” (Article 38 listing all electronic means of distribution including the Internet.)

“These factual elements aside, the Erraji affair is a turning in terms of freedom of expression on the Internet [in Morocco,]” said blogger Omar El Hyani. “It is in fact the first time that a [Moroccan] blogger has been imprisoned because of something he pulished on the Internet.”

In fact, the Erraji sentencing is just the latest in a series of attacks on online freedom of expressionin Morocco and the usage of the Internet.

Earlier this year, Morocco imprisoned Fouad Mortada after he created a spoof profile for the King’s brother on Facebook. Mortada was later released after receiving a Royal pardon.

Internet provider Maroc Telecom has blocked access to elements of the search engine Google, notably the Google Earth application.

The Kingdom has also blocked access to the video sharing website YouTube for four days, and has blocked access to the websites of the non-authorized Islamist movement, “Justice et Bienfaisance.”

“The multiplication of these incidents proves that Morocco has now become an honored member  of the club of Internet enemies,” the blogger Othmane Boumaalif observed.

“But the real question is whether we really have to reasses the situation every time some small-time judge decides he wants to please his ‘masters.’ The issue of the Internet should be addressed by a competent judicial authority… Otherwise, the vicious circle will never end.” 

What is clear to the Moroccan blogosphere is that what happened to Mohamed Erraji was a travesty of justice. He was the victim of an expedited trial during which he did not have proper legal representation.

With Erraji now on provisonal release, his case takes a new turn. His supporters are celebrating the court of appeal’s decision as a victory.

The next step is Erraji’s new trial before the court of appeals.

“Our vigilance and our support will not falter, quite to the contrary,” the members of Erraji’s support committee have pledged.

(This article was translated from the original French.)

(Rachid Jankari blogs at www.jankari.org.)

Malaysian blogger arrested-Index on Censorship

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Malaysia: another blogger arrested
Index on Censorship: September 18, 2008

http://www.indexoncensorship.org/?p=613

Three plain-clothes policemen arrested blogger Syed Azidi Syed Abdul Aziz at his home today under the Sedition Act and confiscated his laptop. Known as Kickdefella, Syed Azidi, 38, has long been an outspoken critic of the government and is one of Malaysia’s most widely-read bloggers. Last month, he began posting entries on his blog (http://kickdefella.wordpress.com) containing blistering criticism of the country’s political and economic situation, and launched a campaign for fellow bloggers to display the Malaysian flag upside down. Prime Minister Abdullah Ahmad Badawi.

Singapore blogger gaoled for insulting judge-Global Voices

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[FACT comments: There are similar charges in Thailand. One is not free to criticise courts and judges or their decisions.]

Singapore: Blogger jailed for insulting judge
Daniel Chandranayagam
Global Voices Advocacy: September 19, 2008 

http://advocacy.globalvoicesonline.org/2008/09/19/singapore-blogger-jailed-for-insulting-judge/ 

Former Singaporean citizen and naturalized American, Gopalan Nair, has been sentenced to three months imprisonment for insulting a high court judge on his blog. Newspaper reports that the court, in handing out the sentence, had stated that Gopalan had “scandalised…the judiciary and the administration of justice in Singapore”

On his blog, Gopalan had allegedly insulted Justice Belinda Ang in relation to a court matter in assessing damages in a defamation suit that Singapore Prime Minister Lee Hsien Loong and Minister Mentor Lee Kuan Yew won against the Singapore Democratic Party (SDP) and its leaders.

Gopalan (pic below) had allegedly accused Justice Ang of “prostituting herself…by being nothing more than an employee of Mr Lee Kuan Yew and his son and carrying out their orders”. In his defence, Gopalan said that he hoped to raise political awareness in Singapore on his blog. He admitted that his words might have been strong, but he was not remorseful as they were true. Gopalan had represented himself in court, and was charged under Section 228 of Singapore’s Penal Code, “Intentional insult or interruption to a public servant sitting in any stage of a judicial proceeding”.

Gopalan’s sentence comes shortly after Singapore’s attorney general announced contempt of court proceedings it had filed against the publisher of the Asian edition of the Wall Street Journal and two of its editors, saying their editorials “impugn the impartiality, integrity and independence of the Singapore judiciary”.

According to Reuters, freedom of speech and expression, especially in relation to politics, race and religion, are tightly regulated in Singapore. While, the government says this is needed to maintain the country’s social and political stability, critics suggest it is misuse of the legal system.

TV host charged with lese majeste-Thai Crisis

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Another lese-majeste case : arrest warrant against Veera
Thailand Crisis: August 22, 2008

http://thaicrisis.wordpress.com/2008/08/22/another-lese-majeste-case/
http://thaicrisis.wordpress.com/category/lese-majeste/

The lese-majeste crunching machine continues unabated.

After the couple at the cinema, the woman a the cinema, the BBC journalist, the Prime Minister’s Office Minister, Da Torpedo (in jail since july, bail denied), Sonthi… here is another case.

    The Criminal Court yesterday approved a warrant for the arrest of politician and television host Veera Musikapong on lese majeste charges.

    The warrant was sought by Chanasongkhram police investigators in connection with Mr Veera’s speech on May 6 last year at a pro-Thaksin Shinawatra United Front for Democracy against Dictatorship rally.

    Police deemed Mr Veera’s rally speech as insulting to the monarchy.

    The court found that there were grounds to grant the warrant and asked police to report to the court within seven days after the arrest is made. (Bangkok Post)

Radio host charged with lese majeste-Thai Crisis

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Lese-majeste encore : arrest warrant against a radio host
Thailand Crisis: August 22, 2008

http://thaicrisis.wordpress.com/2008/08/22/lese-majeste-encore-arrest-warrant-against-a-radio-host/
http://thaicrisis.wordpress.com/category/lese-majeste/

Yesterday I wrote :

    The lese-majeste crunching machine continues unabated.

    After the couple at the cinema, the woman a the cinema, the BBC journalist, the Prime Minister’s Office Minister, Da Torpedo [Daranee Charnchoengsilpakul] (in jail since July, bail denied), Sonthi… here is another case.

Well… copy-paste, this morning I write the same. 😉

    Police had sought and received a court-approved warrant to arrest radio show host Chucheep Cheewasut for a charge of lese majeste, Bang Rak superintendent Colonel Ekkachai Boonwisut said Thursday.

    Chucheep remains at large and investigators suspect he may have fled to China before his warrant was issued on Wednesday night, Ekkachai said. Thailand’s extradition agreement with China is confined solely to criminal charges for killings.

    Chucheep was charged with allegedly offending the monarchy by airing veiled attacks during his community radio show “Legend of Feudalism” between June and July.

    He was an ex-Communist during the Cold War before returning to lead a normal life in society. He is seen as close to many student activists who fled to the jungle after the October 1976 uprising, including former deputy prime minister Prommin Lertsuridej, a confidant of former premier Thaksin Shinawatra. (Nation)

It’s a shame. This law is nothing else now than a political tool to wound or destroy political opponents.

It’s a national embarrassment.

Here comes Judge Samak-Thai Crisis

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Samak : politician, policeman and judge as well in new lese-majeste case
Thailand Crisis: July 22, 2008

http://thaicrisis.wordpress.com/2008/07/22/samak-politician-policeman-and-judge-as-well-in-new-lese-majeste-case/
http://thaicrisis.wordpress.com/category/lese-majeste/

Samak does know one thing well : how to shuffle the cards in order to create confusion. For that matter, he’s a good tactician.

    -Prime Minister Samak Sundaravej Tuesday ordered police to take legal action against Daranee Charnchoengsilpakul, a member of the United Front of Democracy against Dictatorship, on lese majeste charge in relation to a speech she gave last week.

    “The person violated the laws with her words, which affected several institutions. I ordered police to take action against the person immediately,” Samak said. (Nation)

    -South Bangkok District Court approved an arrest warrant against her and she was arrested by Chana Songkram police in Phaholyothin area Tuesday.

Questions :

-Since when is the job of the Prime Minister to order arrests, for such minor case ?

-what was the emergency ?

-and why Samak is focusing on someone who… fought against the Coup (other people are accused and/or charged with lese-majeste) ?

-why an arrest warrant was immediatly issued ?

-and why the woman was immediatly arrested ?

I think the answer is clear : in the middle of a full and massive nationalist hysteria due to the Preah Vihear temple crisis (and watch out… Cambodia has just asked an urgent meeting of the UN Security Council on this issue !)… Samak is walking on eggs.

He wants to show that, in a way, he’s more royalist than the royalists.

Even though the price to be paid is more confusion, and more public scrutinity about the lese-majeste law.

Many thai politicians do not understand one fundamental idea : the more they use and instrumentalize the lese-majeste law… the more they loose their credibility, and the more they weaken the “high institution“.

Eventually, everybody will accuse everybody of lese-majeste. The peak of non-sense is not far away.

UPDATE JULY 23

Fasten your seatbelts… “Pol Lt-Col Banyong told the court Ms Daranee denied all the charges while police sought approval from the Criminal Court to take her into custody for 12 days without bail.

Pol Lt-Col Banyong said police opposed bail for Ms Daranee for her own safety as her offence was one that could result in violent attacks on her by members of the public.” (Bangkok Post)

It summarizes, unfortunatly, the country : In Thailand a murderer can get a bail… but a woman charged of lese-majeste… no.

UPDATE

It’s getting better. An arrest warrant against Sondhi, one of the PAD’s leaders and political ennemy of Miss Daranee, has been issued… because he… has apparently quoted her speech !

Read here. http://thaicrisis.wordpress.com/2008/07/23/lese-majeste-if-you-pronounce-this-word-youll-be-charged-like-sondhi/ 

UPDATE

Here are some translated quotes from the infamous speech. http://thaicrisis.wordpress.com/2008/07/23/lese-majeste-quotes-of-the-infamous-speech-general-prem-russia-royal-family-guillotine/

Don't fight it (lese majeste)!-Thai Crisis

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Lese-majeste : if you pronounce this word, you’ll be charged (like Sondhi)
Thailand Crisis: July 23, 2008

http://thaicrisis.wordpress.com/2008/07/23/lese-majeste-if-you-pronounce-this-word-youll-be-charged-like-sondhi/
http://thaicrisis.wordpress.com/category/lese-majeste/

The court has issued an arrest warrant against Sondhi, because “he referred to a speech given by Daranee Charnchoengsilpakul, who was arrested Tuesday on the same charge“.

A quotation ! A freaking quotation and they can arrest you.

It’s huge.

The first rule of the Fight-Lese-Majeste-Club is that you don’t talk about the Fight-Lese-Majeste-Club. 😉

    The Criminal Court allowed police to issue an arrest warrant for media mogul Sondhi Limthongkul on lese majeste charge after he referred to a speech given by Daranee Charnchoengsilpakul, who was arrested Tuesday on the same charge.

    Ms Daranee, alias “Da Torpedo”, was caught following her speeches on a United Front of Democracy against Dictatorship (UDD) rally stage late last week.

    The court allowed the arrest warrant request on behalf that Mr Sondhi break the criminal law.

    If found guilty, he faces a three-year imprisonment. (Bangkok Post)

I had a few doubts before. Now I know : we are deep, deep down the White Rabbit hole. 😉

UPDATE JULY 24

Sondhi Limthongkul, a co-leader of the People’s Alliance for Democracy, was released on bail after he surrendered to face charge of lese majeste Thursday. (Nation)

Don’t fight it (lese majeste)!-Thai Crisis

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Lese-majeste : if you pronounce this word, you’ll be charged (like Sondhi)
Thailand Crisis: July 23, 2008

http://thaicrisis.wordpress.com/2008/07/23/lese-majeste-if-you-pronounce-this-word-youll-be-charged-like-sondhi/
http://thaicrisis.wordpress.com/category/lese-majeste/

The court has issued an arrest warrant against Sondhi, because “he referred to a speech given by Daranee Charnchoengsilpakul, who was arrested Tuesday on the same charge“.

A quotation ! A freaking quotation and they can arrest you.

It’s huge.

The first rule of the Fight-Lese-Majeste-Club is that you don’t talk about the Fight-Lese-Majeste-Club. 😉

    The Criminal Court allowed police to issue an arrest warrant for media mogul Sondhi Limthongkul on lese majeste charge after he referred to a speech given by Daranee Charnchoengsilpakul, who was arrested Tuesday on the same charge.

    Ms Daranee, alias “Da Torpedo”, was caught following her speeches on a United Front of Democracy against Dictatorship (UDD) rally stage late last week.

    The court allowed the arrest warrant request on behalf that Mr Sondhi break the criminal law.

    If found guilty, he faces a three-year imprisonment. (Bangkok Post)

I had a few doubts before. Now I know : we are deep, deep down the White Rabbit hole. 😉

UPDATE JULY 24

Sondhi Limthongkul, a co-leader of the People’s Alliance for Democracy, was released on bail after he surrendered to face charge of lese majeste Thursday. (Nation)

Daranee's lese majeste speech-Thai Crisis

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Lese-majeste, quotes of the infamous speech:
General Prem, Russia, royal family, guillotine

Thailand Crisis: July 23, 2008

http://thaicrisis.wordpress.com/2008/07/23/lese-majeste-quotes-of-the-infamous-speech-general-prem-russia-royal-family-guillotine/

Okay. Here are some translated quotes of the infamous speech of Miss Duranee last week at anti-PAD rally.

She was arrested on lese-majeste charges Tuesday. And Wednesday an arrest warrant was issued against Sondhi (he has been granted bail Thursday), PAD’s leaders, because -apparently- he quoted some parts or her speech.

An audio file (MP3) is available at this address (not created by me). It lasts 30 minutes. http://www.mediafire.com/?x3cq0ymxwg9

I should add that several thai forums are talking about this file, and of course the content of the speech.

I’m sorry, the translation is certainly not a Shakespearean one, nor an academic one. I did my best with a Thai friend, very quickly.

I invite experts to complete this work and/or to correct me.

16 minutes

-Prem is an old ladyboy [general Prem, member of the Privy Council, thai word used without any doubt: “katoye”]

20 minutes

-PAD and Democrat Party are on the same side

21 minutes

-Before the kings in China believed in eunuch. This is why China and the kings were destroyed.

23 minutes

-the leader of the country [specific thai word for the king]… if you want to be a good leader… you have to be like in Japan or England.

28′30

-Or you want to be like Russia… the family of the king disappeared.

-Or you want to be like France… guillotine cuts the head [obvious reference to the french revolution and the deadly machine of Dr Guillotin…]

-Or you want to be like Nepal… people made revolution… the family of the king disappeared

End

-Since 2475 [thai year = 1932] we don’t have real democracy. Thailand can not be a real democracy because we have only one group. They want to keep the power. They don’t accept what people want.

-You don’t see us in your eyes… why we would see you in our eyes ? [meaning = why we would care about you]

EOF.

So there is little doubt that Miss Daranee is in a way… toasted. 😉

Her speech is obviously very, very strong and bold, compare to other lese-majeste cases, like for instance Jakrapob.

And now I understand better the promptness of the authorities.

Anyway… I will follow up. If you have other have details, if you want to correct and/or complete the translated quotes… cthai2 (@) yahoo.com. Or in the comments section.