INTRODUCTION
Freedom of speech is a fundamental human right essential to democratic governance and individual autonomy. It includes the liberty to formulate and share opinions, and at the same time, to receive any information without hindrances. While it is conceived as a personal liberty, it still entails some limitations to prevent its misuse and to avoid harming other people. This is where the governments step in to impose certain restrictions to serve the wider interests of the public (Amnesty International UK, 2025).
However, there is an increasing trend of states resorting to their power to enact conditions in exercising free speech to shelter themselves from criticism. There are varying extents to which policies are implemented, but they come with corresponding punishments and consequences for the population. In Thailand and Timor-Leste, there have been issues concerning the censorship of people’s expression, calling for attention and scrutiny.
THAILAND
Over the years, the Thai government has introduced several legislations that are deemed restrictive of freedom of expression and silence unfavourable views made towards the monarchy and elected officials. In 2023, the country ranked among the 20 lowest nations in terms of internet speech rights. Moreover, when regular citizens were asked whether free speech should take precedence over social cohesion, only 59 percent of Thais agreed (Rahn, 2023). This displays the skewed perspective of the leaders and the credence of the citizens in their civil liberties.
As the country has a constitutional monarchy, it also has a stringent law against royal defamation, commonly referred to as lèse-majesté. It prescribes that slanders or threats directed towards the king and his immediate family are punishable by law. Under this law, any person can lodge complaints, which will be forwarded to the police for investigation (Day, 2024). Authorities support the law, believing that the monarch represents Thai identity, and therefore, people should refrain from making abusive remarks (Rahn, 2023).
The lèse-majesté is problematic because it is ambiguously defined, which means that authorities have leeway in applying it, allowing them to misuse the law. Since 2020, over 27 individuals have already been detained, prosecuted, and punished. The law also entails harsh penalties as stipulated under Article 112 of Thailand’s Criminal Code, which states that criticisms made against the monarchy may be subject to up to 15 years imprisonment. Concerns about its arbitrariness are being raised, as it is often a result of people merely exercising their freedom of expression (OHCHR, 2025).
2.1 CASE STUDIES: THAILAND
Paul Chambers, a well-known scholar specialising in civilian-military relations in Southeast Asia and Thailand, has recently been a target of this law. This happened after the Thai army held him responsible for a brief overview of an academic discussion about the Thai security forces, where he was going to be a speaker. The overview was claimed to be condemning the monarch, and on top of that, he is criminally charged with posing a threat to national security for spreading disinformation online. For years, he has been subjected to aversion by royalists and conservative factions that tie him to a vendetta and have pressured authorities to cancel his visa and dismiss him from his university position (Human Rights Watch, 2025).
Meanwhile, Netiporn ‘Bung’ Sanesangkhom was arrested in January 2024 following the interviews she conducted at a shopping mall in Bangkok, asking citizens about their thoughts on the inconvenience caused by royal motorcades. During her pre-trial detention, she went over 110 days on a hunger strike, eventually leading to her cardiac arrest and demise (Day, 2024).
2.2 PUBLIC AND POLITICAL REACTIONS
A shocking win by the progressive Move Forward Party in the May 2023 elections gave people a glimpse of hope, as it came with a platform to initiate reforms in the country’s lèse-majesté law. However, the Party was blocked by members of the Senate, who were appointed by the military and supporters of the monarchy, from forming a government. In due course, the Constitutional Court voted on its dissolution, and the executive leaders were barred from engaging in political activities for ten years (Saksornchai, 2024).
The increased use of the law has influenced local officers, including lawyers, police, and other authorities, to call into question the credibility of the allegations, fearing they may be regarded as disloyal to the monarchy (Human Rights Watch, 2025). It has grave consequences for democracy because it is being used to curtail the voices of the citizens, particularly human rights activists, the press, and resistance groups, who speak out against misconduct and demand changes for the public good (OHCHR, 2025). On the other hand, journalists worry that they are not truly free because they are unable to openly speak about the monarchy. They have been calling for amendments and urging people to show greater resistance, especially younger generations, whose future is at stake (Day, 2024).
TIMOR-LESTE
In stark contrast, Timor-Leste is regarded as a country with high levels of press freedom, ranking in the top ten in the world for media freedom. This is because media personnel and journalists are given the space to produce and distribute content that is independent from any form of interference (Bieundurry, 2024). As one of the youngest democracies, the population places high esteem on the prominent role of free speech in sustaining their self-determination. The country prides itself on its protection of human rights. However, unrest recently arose as some journalists and ordinary citizens who have been sharing their sentiments online received intimidation from security forces (APHR, 2023).
In the same vein, in 2020, the National Parliament of Timor-Leste agreed to “new measures to prevent and combat corruption”, which sets forth the legal framework to counter corruption (Government of Timor-Leste, 2020). In line with this, a statutory decree on criminal defamation has also been drafted to protect the reputations of public personalities. This has negative repercussions as people would be deterred from scrutinising government bodies and leaders. The government justified its decision that this law is only meant to teach the public to responsibly practice their freedom of expression in such a way that does not damage the image of other people. The Ministry of Justice has sought the opinion of civil society in connection with the draft of the statutory decree. Part of the feedback is the obscurity over its scope, as what can be considered an offence lacks precision in terms of definition, which may risk becoming subjective (Guterres, 2020).
3.1 REAL-LIFE ACCOUNTS
Although Timor-Leste’s journalists have enjoyed their freedom, with none of them having faced jail terms for peacefully expressing their views (APHR, 2023), the arrest of a journalist in September 2024 came as a surprise. Antónia Kastono Martins, who is working as a reporter, was detained by law enforcers for covering the eviction of street sellers positioned in the capital’s busy market. The operation was executed in time for Pope Francis’ visit to the country, and the police reacted aggressively to the vendors by destroying their stalls with heavy objects. Antónia documented this on her camera, which was later confiscated, with the clips deleted. In the end, she was held for approximately four hours and released without any charges (IFJ, 2024).
Another correspondent named Suzana Cardoso, who was also present during the incident, met a similar fate. She captured the action in real-time, so the police seized her camera and erased the incriminating files (RSF, 2024).
3.2 PEOPLE’S RESPONSES
Press freedom is critical for Timor-Leste, as television is the most trusted source of news among the people, particularly those residing in remote areas (Bieundurry, 2024). Hence, the draft of the statutory decree has been strongly criticised because not only does it impede the free speech of the people, but it also goes against its purpose, putting journalists and whistleblowers in a dangerous position as they are constrained from uncovering any corruption (Guterres, 2020). Their voices are significant in disseminating credible news and exposing any malpractice or abuse by public leaders, strengthening the checks and balances to ensure the accountability and trustworthiness of officials.
CONCLUSION
Freedom of expression is a cornerstone of democracy, allowing citizens to challenge authority, exchange ideas, and hold those in power accountable. The divergent trajectories of Thailand and Timor-Leste highlight how legal frameworks can either entrench authoritarianism or safeguard democratic values.
Thailand’s use of the lèse-majesté law exemplifies how legal tools can be wielded to silence dissent, with harsh penalties deterring even peaceful criticism. In contrast, Timor-Leste’s historically open media landscape faces new risks with proposed defamation laws and police intimidation.
These developments raise urgent questions about the balance between protecting reputation and preserving public discourse. Both States must reevaluate the boundaries they place on expression to ensure that governance remains transparent, accountable, and grounded in human rights
BIBLIOGRAPHY
Amnesty International UK. (2025, April 1). What is freedom of speech?. Amnesty International UK. https://www.amnesty.org.uk/free-speech-freedom-expression-human-right
ASEAN Parliamentarians for Human Rights (APHR). (2023, October 3). Timor-Leste must stay true to democratic, human rights underpinnings when expanding digital rights framework, Southeast Asian MPs say. ASEAN Parliamentarians for Human Rights (APHR). https://aseanmp.org/publications/post/timor-leste-must-stay-true-to-democratic-human-rights-underpinnings-when-expanding-digital-rights-framework-southeast-asian-mps-say/
Bieundurry, T. (2024, May 3). Press freedom coveted in one of the world’s youngest democracies. ABC International Development. https://www.abc.net.au/abc-international-development/press-freedom-coveted-in-one-of-the-world-s-youngest-democracies/103795910
Day, L. (2024, July 28). Love royal gossip? In Thailand, that could land you behind bars. ABC News. https://www.abc.net.au/news/2024-07-28/thailand-strictest-lese-majeste-royal-defamation-laws-thaksin/104135048
Government of Timor-Leste. (2020, September 1). New Anti-Corruption Law. Government of Timor-Leste. https://timor-leste.gov.tl/?p=25518&lang=en
Guterres, J. (2020, August 10). Timor-Leste’s Draft Defamation Law Will Make It Harder to Curb Corruption. The Diplomat. https://thediplomat.com/2020/08/timor-lestes-draft-defamation-law-will-make-it-harder-to-curb-corruption/
Human Rights Watch. (2025, April 8). Thailand: US scholar detained on royal insult charge. https://www.hrw.org/news/2025/04/08/thailand-us-scholar-detained-royal-insult-charge
International Federation of Journalists (IFJ). (2024, September 17). Timor-Leste: Female journalist arrested. International Federation of Journalists (IFJ). https://www.ifj.org/media-centre/newsletters/detail/timor-leste-female-journalist-arrested/category/press-releases
Rahn, W. (2023, February 10). Southeast Asia: Why is free speech not a priority? . Deutsche Welle. https://www.dw.com/en/southeast-asia-why-is-free-speech-not-a-priority/a-66981336
Reporters Without Borders (RSF). (2024, September 9). Rare arrest of a journalist in Timor-Leste: authorities reaffirm commitment to press freedom. Reporters Without Borders (RSF). https://rsf.org/en/rare-arrest-journalist-timor-leste-authorities-reaffirm-commitment-press-freedom
Saksornchai, J. (2024, August 8). Thai court dissolves progressive move forward party, which won election but was blocked from power. AP News. https://apnews.com/article/thailand-move-forward-constitutional-court-dissolution-e50be1a85aa69f0e3baf4eb0c1bb2ed2
United Nations Human Rights Office of the High Commissioner (OHCHR). (2025, January 30). Thailand must immediately repeal lèse-majesté laws, say UN Experts. United Nations Human Rights Office of the High Commissioner (OHCHR). https://www.ohchr.org/en/press-releases/2025/01/thailand-must-immediately-repeal-lese-majeste-laws-say-un-experts
