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May 8, 2007 |

Thailand joins the queue to sue YouTube

By John Pospisil





Thailand joins the queue to sue YouTube Thailand’s Information and Communications Technology Ministry will proceed with a criminal lawsuit against Google over a spate of YouTube-hosted videos that attack Thailand’s King. YouTube is also being sued by the English Football Association, Los Angeles news operator Robert Tur, and of course Viacom.

Google bought YouTube last year for $1.65 billion.

If you’ve ever traveled to Thailand, you’ll know that whatever you do, you must NOT insult the Thai royal family, especially King Bhumibol Adulyadej, who’s also known as Rama IX. Generally speaking, the monarchy is very popular in Thailand. 

The initial offending video was posted in late March, and included an image of the King next to a picture of feet; something that is  very offensive in Thailand. The Information and Communications Technology Ministry blocked access to YouTube from Thailand on April 4. 

The original clip has been removed, but other users have uploaded their own versions. For example, a video uploaded on April 6 portrays the King as presiding over country where poverty, prostitution and homelessness are rife. He’s also portrayed as working with the military junta, which seized power in September 2006.

It’s illegal to insult the monarchy in Thailand; those found guilty of this crime face up to 15 years in jail.

While the initial action will involve a petition to the Bangkok criminal court for emergency protection, the Information and Communications Technology Ministry is also investigating whether a lawsuit can be filed in the International Court.

Information and Communications Technology Minister Sitthichai Pookaiyaudom has argued that because Google has made concessions to the Chinese Government by blocking politically sensitive topics (like democracy, for example), the company should also block content that offends the Thai Government.

YouTube has, via email, requested more information about the offending videos, though Sitthichai dismissed this “playing a game”.

This is much more difficult issue than first meets the eye. I’m sure YouTube doesn’t consider itself as a platform for political expression, but that’s clearly what it’s become for some people.

So should YouTube delete videos that Thai’s military junta finds offensive? Given the precedent with the Chinese government, it’s hard to say no. After all Google and YouTube are business to make money, not alienate whole countries. But somehow that course of action just doesn’t feel right. 

Related:

  • Thailand drops YouTube lawsuit; Tur considers doing the same
  • Music publishers join the queue to sue YouTube
  • Tivo flaunts new queue for mobile devices
  • NBC Universal joins Viacom in the fight against YouTube
  • Star Wars Competition…




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    6 Responses to “Thailand joins the queue to sue YouTube”

    1. Ted:

      Hi thanks so much for this article. You are one of the westerners that actually understand why this is offensive. I believe you have traveled to Thailand. Did you like it? Yeah, if Google can block specific search results on images and Tianamen square, they could do the same for Thailand BUT only on the offensive videos to the people. Thanks for taking the time for this article, I appreciate it. Thanks!! and Peace

    2. marsha:

      The anger among normally level-headed Thais who have seen these images is such that the lives of the perpetrators and YouTube representatives would be at risk in this country. The King is revered, and with good reason. He is a force for good in a country that struggles to confine greed and corruption. While the laws protect him, he has achknowledged himself that he should not be beyond criticism. This graphic slander on YouTube goes beyond mere criticism and shouldn’t have happened. However, in a world of cross-border communications, the principle of freedom of speech overrides protection of the Thai monarchy, at least outside Thailand. That said, Google should eschew gratuitous insults where they offend culture, religion, race or gender. The high-tech world should support this basic universal principle. And their decision to cave in to pressure from China remains far more reprehensible and a danger to free speech as well as the continuing march towards universal rights.

    3. marsha:

      Incidentally, I fail to see why “business” should be used as a valid reason for ignoring basic human rights. To put it in that way is to open the door to corrupt and unethical behavior. I don’t see how Google can claim the high moral ground any more. History has shown that “business” usually gets it wrong and does more damage than good, beyond the short term profit-taking. It’s a selfish, thoughtless outlook. The other interesting point is that because Thailand has such a good king, there really is no need for a law to protect the monarchy from criticism. Politicians currently abuse the law in sniping at each other in petty ways. The king has said he is reluctant to intervene in the democratic process. The Catch 22 is that if the point ever comes when Thailand has a bad king, the law will quickly be perceived by all Thais as a bad law. Whether Thailand’s future monarchs are good or bad, such a law impedes progress towards a full constitutional democracy. Widespread respect has been earned by the present King and should be earned by those who follow without the need for such a law.

    4. Eg Eefay:

      Thailand has blocked the YouTube site entirely.
      That should be enough to deal with the problem.
      On the other hand if YouTube is deleting material sensitive to the Chinese government it can hardly afford NOT to do the same for Thailand.
      Why Yahoo, Google and other internet companies are so willing to bend over backwards for China out of fear that their service will be banned is beyond me.
      Internet companies do not have to bow to the wishes of foreign governments.
      If countries , like china, don’t like what they read or see they can ban the site. It may be lost revenue to them but the internet is useless if people can only post and read things that are “allowed” by their rulers. And companies like Google and Yahoo do a great disservice when the capitulate to them.

    5. marsha:

      As with all forms of prohibition, the Thai Government ban has proved unsustainable and the offensive material has ciculated widely among Thais via email. The country is, of course, being run by an unelected group of generals who snatched power in a coup. Their inclination is to see every issue in black and white, so the compromises that mostly mark Western democracies are seldom seen — unlike Google’s hypocrisy, which is now plain to everyone. When it comes to dealing with really big bullies (in other words, big money), capitalism and capitulation go hand in hand.

    6. Ted:

      I like all your comments, very fair minded, and good perspectives. Thailand is not suing YouTube anymore because they will take action. It finally took them at least a month but I don’t recall them waiting to do anything for China. Yeah, that sucks that Thailand is run by the military that doesn’t have a good record at all. Google does = hyprocrites

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