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United Nations and Thailand’s Lese Majeste Law

In this May 11, 2011, a protester wears a mask with a sticker against the Thai Criminal Code 112, which prohibits people from defaming the monarchy, at a police station in Bangkok, Thailand. In the last few months, hundreds of prominent writers, filmmakers, lawyers and journalists have signed petitions calling for reform of the constitution's Article 112, which mandates up to 15 years in jail for "whoever defames, insults or threatens the king, the queen, the heir to the throne or the regent.

The rising awareness of Thailand’s draconian lèse majesté law is gaining scrutiny from the international community after several countries have questioned and criticized Article 112 of Thailand’s criminal code during a Universal Periodic Review (UPR) at the United Nations Human Rights Council (UNHRC). Every four years, all members of the United Nations are required to submit a report about its human rights situation, and be questioned on it by other states. If you have the time you can watch all (and I mean ALL) hearings towards Thailand’s report, go here.

Pravit Rojanaphruk wrote in The Nation:

Representatives from the United Kingdom, France and Slovenia shared the view that the lese majeste law affected freedom of expression and urged Thailand to consider this aspect of liberty. Hungary and Finland urged Thailand to invite the UN special rapporteur on freedom of expression to visit Thailand.

The representative of Norway – also a kingdom – made the most concrete suggestion, pointing out that although Norway has a lese majeste law, a charge can only be brought with the personal approval of the king in order to “avoid abuses”.  (…)

Other states whose representatives urged Thailand to amend the law included Switzerland, Brazil, Spain, Sweden and New Zealand. Some of these, including the Canadian representative, also raised the issue of the Computer Crimes Act, which critics say is also being used by the Thai government to curb freedom of expression.

“US mum on lese majeste law at UN rights hearing“, by Pravit Rojanaphruk, The Nation, October 7, 2011

ARTICLE 19, an UK-based NGO advocating freedom of expression, were also present during the hearing and have caught this (and be sure to read former Siam Voices contributor Andrew Spooner’s interview with ARTICLE 19′s Senior Programme Officer for Asia):

Recommendations to Thailand to repeal or review the lèse-majesté law (Article 112 of Thailand’s Penal Code) and the Computer Crime Act (2007) were made by fourteen member states, including Western European countries, New Zealand, Canada, Brazil and Indonesia.

Indonesia was the only member state of the Association of South East Asian Nations (ASEAN) to highlight the issue of freedom of expression in Thailand, a fellow member. It urged Thailand to carry out a comprehensive review of its laws to ensure that they fulfil the right to freedom of expression in accordance to international standards.

Spotlight on Thailand’s Lèse-Majesté Law and Computer Crimes Act“, ARTICLE 19, October 6, 2011

However, not all countries have raised their concerns towards Thailand:

The United States joined China, Syria, Singapore and Burma in not expressing any concern about the lese majeste law, (…).

“US mum on lese majeste law at UN rights hearing“, by Pravit Rojanaphruk, The Nation, October 7, 2011

This is seemingly the first time vocal opposition against lèse majesté has been come in that quantity from the international community. British MPs lobbied for Prachatai webmaster Chinranuch Premchaiporn, whose trial continued in the past few weeks (see here), but due to the current flood situation, will continue in February 2012.

Another case mentioned during the questioning at the UPR was the trial against Joe Gordon, a Thai-born American arrested back in May for allegedly posting a link to a banned unauthorized biography of King Bhumibol Adulyadej and also allegedly translating parts of this book and later posted it on his blog. This was done while he was still in the United States, but was then arrested when he came to Thailand for medical treatment. His case started earlier this week, where Gordon pleaded guilty, in hope for a shorter sentence and eventually a royal pardon, something that has become almost standard procedure in similar cases of recent years.

Even more international criticism comes from the United Nations Special Rapporteur on the right to freedom of opinion and expression, Frank La Rue, who also urged Thailand in a press release to amend its laws:

“The threat of a long prison sentence and vagueness of what kinds of expression constitute defamation, insult, or threat to the monarchy, encourage self-censorship and stifle important debates on matters of public interest, thus putting in jeopardy the right to freedom of opinion and expression,” La Rue said. “This is exacerbated by the fact that the charges can be brought by private individuals and trials are often closed to the public.” (…)

However, to prevent any abuse of this exceptional rule for purposes beyond the intended aim, any law that limits the right to freedom of expression must be clear and unambiguous regarding the specific type of expression that is prohibited, and proven to be necessary and proportionate for the intended purposes.

“The Thai penal code and the Computer Crimes Act do not meet these criteria. The laws are vague and overly broad, and the harsh criminal sanctions are neither necessary nor proportionate to protect the monarchy or national security,” the expert noted.

Thailand / Freedom of expression: UN expert recommends amendment of lèse majesté laws“, Office of the High Commissioner for Human Rights, United Nations Human Rights Council, October 10, 2011

The special rapporteur rightfully points out the weaknesses of the laws that leave too much room for interpretation and the accused are likely to become, especially in these political times, victims of arbitrary acts by the authorities. While the Thai representatives at the hearing argue that the Thai government is “keen to prevent the misuse of the law”, something that the Abhisit administration had promised but failed to deliver, and that “an ongoing debate on lese majeste law” is taking place, though failing to see how public and how thorough the debate still can not go.

Also, Thai Ambassador to the UN Sihasak Phuangketkeow says that Thai media can report and comment “freely”. Again, while Thailand is still a far way from becoming the new Burma, the extent to which one can fully comment and report on the political developments in Thailand is highly limited, considering that there are more powers at play than those we elect.

Saksith Saiyasombut is a Thai blogger and journalist currently based in Bangkok, Thailand. He can be followed on Twitter @Saksith and now also on his public Facebook page here.

 

By Saksith Saiyasombut

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Google’s Search Dominance Is Unwinding, But Still Accounting 48% Search Revenue

Google

Google is so closely associated with its key product that its name is a verb that signifies “search.” However, Google’s dominance in that sector is dwindling.

According to eMarketer, Google will lose control of the US search industry for the first time in decades next year.

Google will remain the dominant search player, accounting for 48% of American search advertising revenue. And, remarkably, Google is still increasing its sales in the field, despite being the dominating player in search since the early days of the George W. Bush administration. However, Amazon is growing at a quicker rate.

google

Google’s Search Dominance Is Unwinding

Amazon will hold over a quarter of US search ad dollars next year, rising to 27% by 2026, while Google will fall even more, according to eMarketer.

The Wall Street Journal was first to report on the forecast.

Lest you think you’ll have to switch to Bing or Yahoo, this isn’t the end of Google or anything really near.

Google is the fourth-most valued public firm in the world. Its market worth is $2.1 trillion, trailing just Apple, Microsoft, and the AI chip darling Nvidia. It also maintains its dominance in other industries, such as display advertisements, where it dominates alongside Facebook’s parent firm Meta, and video ads on YouTube.

To put those “other” firms in context, each is worth more than Delta Air Lines’ total market value. So, yeah, Google is not going anywhere.

Nonetheless, Google faces numerous dangers to its operations, particularly from antitrust regulators.

On Monday, a federal judge in San Francisco ruled that Google must open up its Google Play Store to competitors, dealing a significant blow to the firm in its long-running battle with Fortnite creator Epic Games. Google announced that it would appeal the verdict.

In August, a federal judge ruled that Google has an illegal monopoly on search. That verdict could lead to the dissolution of the company’s search operation. Another antitrust lawsuit filed last month accuses Google of abusing its dominance in the online advertising business.

Meanwhile, European regulators have compelled Google to follow tough new standards, which have resulted in multiple $1 billion-plus fines.

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Pixa Bay

Google’s Search Dominance Is Unwinding

On top of that, the marketplace is becoming more difficult on its own.

TikTok, the fastest-growing social network, is expanding into the search market. And Amazon has accomplished something few other digital titans have done to date: it has established a habit.

When you want to buy anything, you usually go to Amazon, not Google. Amazon then buys adverts to push companies’ products to the top of your search results, increasing sales and earning Amazon a greater portion of the revenue. According to eMarketer, it is expected to generate $27.8 billion in search revenue in the United States next year, trailing only Google’s $62.9 billion total.

And then there’s AI, the technology that (supposedly) will change everything.

Why search in stilted language for “kendall jenner why bad bunny breakup” or “police moving violation driver rights no stop sign” when you can just ask OpenAI’s ChatGPT, “What’s going on with Kendall Jenner and Bad Bunny?” in “I need help fighting a moving violation involving a stop sign that wasn’t visible.” Google is working on exactly this technology with its Gemini product, but its success is far from guaranteed, especially with Apple collaborating with OpenAI and other businesses rapidly joining the market.

A Google spokeswoman referred to a blog post from last week in which the company unveiled ads in its AI overviews (the AI-generated text that appears at the top of search results). It’s Google’s way of expressing its ability to profit on a changing marketplace while retaining its business, even as its consumers steadily transition to ask-and-answer AI and away from search.

google

Google has long used a single catchphrase to defend itself against opponents who claim it is a monopoly abusing its power: competition is only a click away. Until recently, that seemed comically obtuse. Really? We are going to switch to Bing? Or Duck Duck Go? Give me a break.

But today, it feels more like reality.

Google is in no danger of disappearing. However, every highly dominating company faces some type of reckoning over time. GE, a Dow mainstay for more than a century, was broken up last year and is now a shell of its previous dominance. Sears declared bankruptcy in 2022 and is virtually out of business. US Steel, long the foundation of American manufacturing, is attempting to sell itself to a Japanese corporation.

Could we remember Google in the same way that we remember Yahoo or Ask Jeeves in decades? These next few years could be significant.

SOURCE | CNN

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2024 | Supreme Court Won’t Hear Appeal From Elon Musk’s X Platform Over Warrant In Trump Case

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Washington — Trump Media,  The Supreme Court announced Monday that it will not hear an appeal from social media platform X about a search warrant acquired by prosecutors in the election meddling case against former President Donald Trump.

The justices did not explain their rationale, and there were no recorded dissents.

The firm, which was known as Twitter before being purchased by billionaire Elon Musk, claims a nondisclosure order that prevented it from informing Trump about the warrant obtained by special counsel Jack Smith’s team violated its First Amendment rights.

The business also claims Trump should have had an opportunity to exercise executive privilege. If not reined in, the government may employ similar tactics to intercept additional privileged communications, their lawyers contended.

trump

Supreme Court Won’t Hear Appeal From Elon Musk’s X Platform Over Warrant In Trump Case

Two neutral electronic privacy groups also joined in, urging the high court to hear the case on First Amendment grounds.

Prosecutors, however, claim that the corporation never shown that Trump utilized the account for official purposes, therefore executive privilege is not a problem. A lower court also determined that informing Trump could have compromised the current probe.

trump

Trump utilized his Twitter account in the weeks preceding up to his supporters’ attack on the Capitol on January 6, 2021, to spread false assertions about the election, which prosecutors claim were intended to create doubt in the democratic process.

The indictment describes how Trump used his Twitter account to encourage his followers to travel to Washington on Jan. 6, pressuring Vice President Mike Pence to reject the certification, and falsely claiming that the Capitol crowd, which battered police officers and destroyed glass, was peaceful.

musk trump

Supreme Court Won’t Hear Appeal From Elon Musk’s X Platform Over Warrant In Trump Case

That case is now moving forward following the Supreme Court’s verdict in July, which granted Trump full immunity from criminal prosecution as a former president.

The warrant arrived at Twitter amid quick changes implemented by Musk, who bought the company in 2022 and has since cut off most of its workforce, including those dedicated to combating disinformation and hate speech.

He also welcomed back a vast list of previously banned users, including Trump, and endorsed him for the 2024 presidential election.

SOURCE | AP

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The Supreme Court Turns Down Biden’s Government Appeal in a Texas Emergency Abortion Matter.

Supreme Court

(VOR News) – A ruling that prohibits emergency abortions that contravene the Supreme Court law in the state of Texas, which has one of the most stringent abortion restrictions in the country, has been upheld by the Supreme Court of the United States. The United States Supreme Court upheld this decision.

The justices did not provide any specifics regarding the underlying reasons for their decision to uphold an order from a lower court that declared hospitals cannot be legally obligated to administer abortions if doing so would violate the law in the state of Texas.

Institutions are not required to perform abortions, as stipulated in the decree. The common populace did not investigate any opposing viewpoints. The decision was made just weeks before a presidential election that brought abortion to the forefront of the political agenda.

This decision follows the 2022 Supreme Court ruling that ended abortion nationwide.

In response to a request from the administration of Vice President Joe Biden to overturn the lower court’s decision, the justices expressed their disapproval.

The government contends that hospitals are obligated to perform abortions in compliance with federal legislation when the health or life of an expectant patient is in an exceedingly precarious condition.

This is the case in regions where the procedure is prohibited. The difficulty hospitals in Texas and other states are experiencing in determining whether or not routine care could be in violation of stringent state laws that prohibit abortion has resulted in an increase in the number of complaints concerning pregnant women who are experiencing medical distress being turned away from emergency rooms.

The administration cited the Supreme Court’s ruling in a case that bore a striking resemblance to the one that was presented to it in Idaho at the beginning of the year. The justices took a limited decision in that case to allow the continuation of emergency abortions without interruption while a lawsuit was still being heard.

In contrast, Texas has been a vocal proponent of the injunction’s continued enforcement. Texas has argued that its circumstances are distinct from those of Idaho, as the state does have an exemption for situations that pose a significant hazard to the health of an expectant patient.

According to the state, the discrepancy is the result of this exemption. The state of Idaho had a provision that safeguarded a woman’s life when the issue was first broached; however, it did not include protection for her health.

Certified medical practitioners are not obligated to wait until a woman’s life is in imminent peril before they are legally permitted to perform an abortion, as determined by the state supreme court.

The state of Texas highlighted this to the Supreme Court.

Nevertheless, medical professionals have criticized the Texas statute as being perilously ambiguous, and a medical board has declined to provide a list of all the disorders that are eligible for an exception. Furthermore, the statute has been criticized for its hazardous ambiguity.

For an extended period, termination of pregnancies has been a standard procedure in medical treatment for individuals who have been experiencing significant issues. It is implemented in this manner to prevent catastrophic outcomes, such as sepsis, organ failure, and other severe scenarios.

Nevertheless, medical professionals and hospitals in Texas and other states with strict abortion laws have noted that it is uncertain whether or not these terminations could be in violation of abortion prohibitions that include the possibility of a prison sentence. This is the case in regions where abortion prohibitions are exceedingly restrictive.

Following the Supreme Court’s decision to overturn Roe v. Wade, which resulted in restrictions on the rights of women to have abortions in several Republican-ruled states, the Texas case was revisited in 2022.

As per the orders that were disclosed by the administration of Vice President Joe Biden, hospitals are still required to provide abortions in cases that are classified as dire emergency.

As stipulated in a piece of health care legislation, the majority of hospitals are obligated to provide medical assistance to patients who are experiencing medical distress. This is in accordance with the law.

The state of Texas maintained that hospitals should not be obligated to provide abortions throughout the litigation, as doing so would violate the state’s constitutional prohibition on abortions. In its January judgment, the 5th United States Circuit Court of Appeals concurred with the state and acknowledged that the administration had exceeded its authority.

SOURCE: AP

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Scientists Awarded MicroRNA The Nobel Prize in Medicine.

US Inflation will Comfort a Fed Focused on Labor Markets.

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