BP mentioned the issue of the problem of standing in regards to lese majeste in 2007 as excerpted below:

3.1 Standing

Standing to bring an action under section 112 is not limited to the monarchy and anyone who thinks the monarchy has been harmed is allowed to bring an action.[19] This makes it an attractive tool to suppress political speech because unlike civil defamation suits where the plaintiff needs a lawyer and could possibly incur substantial legal resources in bringing a claim, lese majeste is a criminal action brought by the state without any cost to the complaint.

BP: We have had one serial complainer in the past against the foreign media, but Prachatai has an article about another serial complainer. Key excerpt:

Prachatai has followed up three charge sheets posted by I Pad to confirm that he really has filed charges, and found that he has charged 15 people, including other Prachatai comment users and the Prachatai webmaster and editor, at Roi Et Provincial Police Station.  According to official documents, the complaint’s name is Wiphut Sukprasert, a resident of Roi Et, and a political activist with the PAD.

Details of each complaint lodged.

November 1st, 2010

Wiphut Sukprasert lodged a complaint with investigative police at Roi Et Provincial Police Station. Five people were charged. Four were Prachatai comments section users and one was the Prachatai webmaster.

He accused those persons of defaming, insulting or threatening the King, the Queen, the Heir-apparent and the Regent.

According to the daily complaint report, there is no text or URL cited by Wiphut as a breach of the law.

BP: Prachatai then produces a scanned copy of the complaint and then provides details of two other dates where Wiphut has filed complaints with respective scanned copies of the complaint.  BP understands that The Nation‘s Pravit Rojanaphruk is I Pad’s latest victim. Last week, Pravit tweeted:

I am pleased to inform all of u that I’m in the process of becoming the latest person to receive a lese majeste complaint. #LM

Then:

Still waiting for the LM police complaint although some suggested that I start planning now. Not running away though.

Then:

No way of checking it but the man is the most prolific user (abuser) of lese majeste law & said it will come ‘soon’

and then:

http://Prachatai.com wrote an article about the man a few weeks back.

BP: Pravit was referring to the user who goes by the name I Pad on Prachatai. You don’t like someone, well just file a complaint against them and the police will investigate. The government has stated it will look at enforcement and review lese majeste cases, but one way to do so is to amend the law so that complaints cannot be filed by anyone.

Anand at the FCCT earlier this year:

Asked by a reporter from the Financial Times whether the lèse majesté law should be reformed, he said that the existence of the law was not a problem, but the problem was its enforcement as it allowed anybody to make complaints, which opened opportunities for abuse by those who made use of the law and the institution for their own gain. If this is solved, problems should be reduced, he said

David Streckfuss in an op-ed for the Bangkok Post in 2007 suggested a solution:

A rather simple solution suggests itself. Within Sections 101 and 102 of the Norwegian law code is the standard lese majeste formula: ”Any person who defames the King or the Regent shall be liable to detention or imprisonment for a term not exceeding five years.” But Section 103 adds the intriguing sentence: ”Prosecution of any defamation pursuant to sections 101 and 102 shall be initiated only by order of the King or with his consent.”

If abolition of the lese majeste law in Thailand seems unimaginable; if the police and prosecutors feel compelled to pursue charges; if Thai society itself cannot show restraint in making the charge despite the apparent displeasure of the King, then maybe the addition of this single clause may set things right. The King has done three remarkable things since December 2005. He has come out as an advocate for freedom of expression in Thailand by opposing the use of lese majeste law. He has invited criticism. And while others called for the King to intervene and fix the political impasse, the King instead pointed out that a more democratic option is available: the courts. What a marvellous addition to the King’s contribution.

With the worldwide attention on the King as the longest serving monarch,what a wonderful gift it would be for Thai society to give him or the Privy Council the discretion to take the appropriate measures needed to defend the reputation of the monarchy. Amend Section 112 of the Thai penal code by adding the clause that makes the use of the lese majeste possible ”only by order of the King or with his consent.’‘

Otherwise, the lese majeste law in Thailand will ever be ready at hand to serve as a weapon in the political arena, always to a detriment to the institution the law intends to protect.

BP: This would not stop people making complaints, but you can easily set up a process where complaints are centralized and also legally it would be clear on who can initiate cases.