Article 117: Strikes and boycotts to coerce the Government

Firm annotation

Section 117 closes the title on offences against the internal security of the Kingdom by addressing collective economic action turned against the State. The prohibited conduct is inciting or bringing about a joint stoppage of work, a joint lockout, or a joint refusal to trade or to have business dealings with any person. The offence is not made out by the collective action alone: the section requires that it be done in order to bring about a change in the law of the land, to coerce the Government, or to intimidate the people. That statutory purpose, and nothing broader, is what separates the offence from an ordinary industrial or commercial dispute; the section contains no general test of State security, public order or good morals. It then grades three actors: the person who incites or brings the action about, not more than seven years or a fine not more than 140,000 baht or both; the person who, knowing of that purpose, takes part in or assists it, not more than three years or a fine not more than 60,000 baht or both; and the person who, knowing of that purpose, uses force, threatens force or causes fear by any means to make another take part or assist, not more than five years or a fine not more than 100,000 baht or both. Unlike most offences in this title, every tier offers a fine as an alternative to imprisonment.