If found guilty of the two charges, the woman faces a combined maximum jail term of up to eight years in jail or a combined total fine of B160,000, or both.
The complaint was jointly filed at Thalang Police Station today (Feb 27) by Thalang District Chief Adul Chuthong together with members of the Thalang Heroines Descendants Association and The Heroines Association.
Mr Adul told the press at the police station that Governor Phakaphong had ordered the complaint to be filed as the photo posted online was considered profane.
The complain explained that the photo was uploaded on to a Facebook page for “Nong Phing Phranakhon” (written in Thai) at 00:17am on Feb 24.
The photo was of the two heroines Thao Thepkrasattri and Thao Srisoonthorn, but had photos of two other women superimposed over the heroines’ faces.
Also superimposed on the photo were the words “Bella & Phing Phing The heroines of Phuket” typed in Thai.
The photo was also tagged to link the Facebook pages of “Uttama Thewakharuhabordi” and “Jae Lah Return” (registered in Thai).
The complaint alleged, “The photo may damage the image of the heroines, who are widely respected.”
The photo could also be considered illegal under Section 14 (2) and Section 16 of the Computer Crimes Act B.E. 2550 (2007), the complaint noted.
Section 14 (2) of the act stipulates that any person who puts into a computer system false computer data in a manner that is likely to damage the national security or cause panic in the public shall be subject to imprisonment up to five years and a fine of up to B100,000, or both.
Section 16 stipulates that any person who imports into a publicly accessible computer system of computer data that will appear as an image of other person and the image has been created, edited, appended, or adapted by electronic means or whatsoever means, and by doing so it is likely to impair the reputation of such other person or to expose such other person to hatred or contempt, shall be subject to imprisonment of up to three years or a fine of up to B60,000, or both.
Section 16 also stipulates that if the commission of such an act was made in good faith, the person shall not be guilty.
It also makes clear that a breach of Section 16 is deemed to be a compoundable offense, meaning that the charge may be dropped if the complaint is withdrawn.
More importantly, Section 16 also notes, “If a party injured by an offense under paragraph one has died before filing a complaint, then their parents, spouse or children may file a complaint and shall be deemed to be the injured party.”
The complaint was received by Thalang Police Deputy Chief Lt Anukul Nuket, who declined to comment further on the case.
After filing the complaint, The Heroines Association member Thanit Pratheep Na Thalang said, “Thao Thepkrasattri and Thao Srisoonthorn fought to protect Thalang Town 235 years ago.
“The edited photo greatly affected Phuket people’s feelings, so I want police to prosecute the account owner.”