In its press statement, Amnesty said at least a dozen Facebook commentators have been detained or charged since Wednesday under a draconian new order issued by the military government. The arrests come in response to comments on the controversial draft that Thailand’s military government is seeking to impose, the statement said.

“If ordinary people cannot comment on a Facebook post without facing the threat of 10 years behind bars and a hefty fine, what hope is there for any open and honest debate on the military government’s draft constitution?” said Josef Benedict, Amnesty International’s director of campaigns for South East Asia.

“Thailand’s military government must immediately withdraw charges against the commentators and release them unconditionally. It is not up to any government to determine what can or cannot be said about a referendum where citizens are expected to exercise their own political judgement.”

Meanwhile, Pheu Thai Party yesterday issued a statement calling on the government to amend the public referendum law to allow people to freely express their opinion on the draft charter regardless of whether they are for or against it.

The party said Article 61 of the Public Referendum Act 2016 should be amended so it is in line with democratic principles.

The statement said Article 7 gave people the liberty to express and share their opinions about the draft, but Article 61 contradicted that liberty.

Article 61 states that anybody disseminating information through print, broadcast or via digital media that deviates from the truth or information that can be deemed violent, aggressive, vulgar, provocative or threatening and aims to influence voters will face up to 10 years in jail and a Bt200,000 fine.

“The article violates freedom of expression, which is against human rights and Article 4 of the interim charter,” the party said.

It also said that the government was relying on bureaucratic means to share information on the draft.

“Though the government has claimed that officials are being deployed only to explain the draft content, they are actually leading the public to accept the draft. Prime Minister Prayut [Chan-o-cha] and General Prawit [Wongsuwan] have also [made harsh comments] against people who make comments about the draft. Holding a referendum under such circumstances is of no use,” the statement said.

The party also called on the government to remove National Council for Peace and Order’s regulations and other legal obstacles that block people’s freedom of expression.

Pheu Thai said many people, such as party member Watana Muangsook, have been detained because they expressed their opinions about the draft, which happened because military officials were empowered to detain, search and arrest people without having to seek an arrest warrant from court.

A university lecturer, “red-shirt” leaderJatuporn Promphanand “yellow-shirt” leader Suthep Thaugsuban have all also allegedly been intimidated for expressing their opinions on the draft. Ten civilians are being detained in military camps for allegedly posting comments on Facebook, which has been justified on the grounds that they violated the Computer Crimes Act, the party said.

“The referendum is about seeking public consent on whether the draft charter should be adopted. People have the right to decide the fate of the country’s top law. This referendum must be transparent and fair throughout the process,” the party said.

Pheu Thai also called on the Election Commission (EC) to expedite the issuing of regulations on the referendum in compliance with Article 7 of the referendum law.

Meanwhile, Pongsak Chan-on, adviser of the We Watch network and coordinator of Asian Network for Free Elections(Anfrel), said his group is seeking permission from the EC to observe the referendum when it is held on August 7.

He said he has also asked to meet with the EC, but is still awaiting a response.

Although the government has said that it would not allow foreign networks or NGOs to observe the referendum, Pongsak insisted that getting Anfrel to observe the poll would still beneficial because it will show public participation in the process. “This will help the world community accept that the referendum is being held with independence, transparency and justice,” he said.

He also dismissed the government’s concern that foreign agencies might interfere in the country’s affairs, saying “the government may have hidden motives for banning foreign agencies from observing the event and it shows that they are not sincere in the referendum process”.