Censorship of the Film “Shakespeare Must Die” Violated the Freedom of Expression of Filmmakers

The film “Shakespeare Must Die” contained certain scenes that depicted Thai society, and a violent scene at the ending of the film resembled the violent incident on 6 October 1976. However, the film was unlikely to cause disunity among people in the nation. If the Defendant No. 2 considered that the film contained violent content that would cause misunderstanding or undue psychological distress among persons having insufficient judgment, it could have exercised its discretion to classify the film as a film that any person under twenty years of age is prohibited from watching pursuant to Section 26 paragraph one (6) of the Film and Video Act, B.E. 2551 (2008). Therefore, the order of the Defendant No. 2 prohibiting the Plaintiffs from distributing the film in Thailand constituted a violation of freedom of expression. The film censorship was not for the purposes of maintaining the security of the State; protecting the rights, liberties, dignity, reputation, family, or privacy rights of other persons; maintaining public order or good morals; or preventing or suppressing the deterioration of the mind and health of the public under the Constitution of the Kingdom of Thailand. Accordingly, the order issued by the Defendant No. 2 was unlawful, and the decision to dismiss the appeal of the film banning issued by the Defendant No. 1 was likewise unlawful.