Lèse majesté

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Lèse majesté (French expression, from the Latin Laesa maiestas or Laesae maiestatis (crimen), (crime of) injury to the Majesty; in English, also lese majesty or leze majesty) is the crime of violating majesty, an offense against the dignity of a reigning sovereign or against a state.

This was however first classified in Ancient Rome, as a criminal offense against the dignity of the Roman republic. In time, as the Emperor became identified with the Roman state (the empire never formally became a monarchy), it was essentially applied to offenses against his person.^[1] Though legally the princeps civitatis (his official title, roughly 'first citizen') could never become a sovereign, as the republic was never abolished, emperors were to be deified as divus, first posthumously but ultimately while reigning, and thus enjoyed the legal protection provided for the divinities of the pagan state cult; by the time it was exchanged for Christianity, the monarchical tradition in all but name was well established (an example of the way the Roman religion was made to serve the political elite).

In the (mainly Christian) states emerging after the fall of Rome the style of Majesty and the notion of offenses against it were exclusively related to offenses against the crown. In feudal Europe, various real crimes were classified as lèse majesté even though not intentionally directed against the crown, such as counterfeiting because coins bear the monarch's effigy and/or coat of arms.

However, since the disappearance of absolute monarchy, this is viewed as less of a crime, although similar, more malicious acts, could be considered treason. By analogy, as modern times saw republics emerging as great powers, a similar crime may be constituted, though not under this name, by any offense against the highest representatives of any state ( e.g. all heads of state, regardless of their title, as in Belgium).

Few countries still prosecute lèse majesté. One exception is Thailand, where social activists like Sulak Sivaraksa were charged with the crime in the 1980s and '90s because they allegedly criticized the King^[2]although the King in his 2005 birthday speech said he would not take lèse majesté charges seriously any more. Several high-profile cases were dropped. In September 2006, the leaders of a military coup accused prime minister Thaksin Shinawatra of lèse majesté; the Thai military is thought to be highly loyal to the king.^[3] Brunei is another country which will still prosecute lèse majesté.

In the United States and most western democracies, except for Poland, verbal attacks on public officials are protected by the right of free speech, as long as they are not accompanied by threats of violence.

See also: Freedom of speech (international)#Poland

In Poland, it is illegal to publicly insult foreign heads of state present on Polish territory. On 5 January 2005, Jerzy Urban was sentenced to a fine of 20,000 złoty (about 5000 euros) for having insulted Pope John Paul II, a visiting head of state.^[4] During January 26-January 27, 2005, about 30 human rights activists were temporarily detained by the police, allegedly for insulting Vladimir Putin, a visiting head of state. The activists were released after about 30 hours and only one was actually charged with insulting a foreign head of state.^[5]

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