POLICE yesterday warned that the new Referendum Act on the Draft Constitution would be strictly enforced, with actions deemed provocative punishable by up to 10 years in jail.

However, the Election Commission (EC) meanwhile said yesterday that public comments on the constitution draft, including academic discussions, were not banned under the referendum law, although provocative or seditious actions were prohibited, according to EC commissioner Somchai Srisutthiyakorn.

Deputy police spokesman Pol Colonel Krissana Patanacharoen said authorities would focus on Article 61 of the new law, which prohibits acts of unrest and campaigning with a provocative, aggressive or violent manner to influence voters.

People convicted of breaking the law risk up to 10 years in jail, he said.

The spokesman also warned voters against acts that may violate the law, including tearing up ballot papers, photographing a ballot paper or gambling on the referendum results.

“Police will enforce the law strictly and fairly for all groups of people and politics,” he said.

Meanwhile, political scientist Benjarat Sae Chua had a document confiscated by police while attending an academic discussion on the draft charter at Chulalongkorn University yesterday.

Benjarat, from Mahidol University’s Institute of Human Rights and Peace Studies and one of the speakers at the discussion, said the document explained why people should vote against the draft.

However, police did not formally press charges against her.

The EC’s Somchai said yesterday that the agency would adhere to the principles of rights and freedom.

“Any honest actions that do not violate the law can definitely be carried out. Strongly forbidden are comments that are vulgar, violent, aggressive, distorted or seditious,” he said.

Expressing a stance individually, not collectively, towards the constitution using articles such as banners, stickers or T-shirts was also permissible, the election commissioner said.

Academic discussions were welcome, he added, but talks had to be hosted by academic institutions, government agencies or media organisations. He added that if the content of the discussion violated relevant laws, the host would be held responsible.

EC guidelines out on Friday

Somchai said the EC would write guidelines based on the referendum law, not on personal remarks made by authorities from the National Council for Peace and Order (NCPO) including the prime minister.

The EC passed three regulations yesterday concerning the rules of the referendum, spending policies and the publication of charter drafts.

Clear guidelines – do’s and don’ts – would be issued on Friday when the EC president Supachai Somcharoen returns from travelling abroad, Somchai added.

Representatives from media organisations met with the EC yesterday to express concern that the referendum bill could limit press freedom, as it contains a stipulation that disseminating some content could be deemed illegal and punishable by a stiff jail sentence.

The EC acknowledged the concern and promised, if possible, to try to not cause trouble for media outlets.

Meanwhile, Deputy Prime Minister Prawit Wongsuwan said yesterday that authorities would not allow public campaigning by supporters and detractors of the draft charter, which would violate the referendum law.

Prawit, who is also the defence minister, suggested that people on both sides talk to people who are like-minded about their standpoint. “We do not gag anyone. But we do not allow advertising. No campaigning through media,” he said.

In regard to separate press briefings by two rival political groups on Sunday supporting and opposing the draft, Prawit said relevant authorities were looking into the cases to determine if the referendum law had been violated.

He said the law had already taken effect and people should comply with the rules. He also urged the media not to ask rival groups for comments, saying they would receive the same answer every time.

“People who like the draft will continue to do so, and people who don’t like it will still not like it,” he said.

On Sunday, leaders of the “red-shirt” United Front for Democracy against Dictatorship (UDD) and the pro-junta Foundation of the People’s Democratic Reform Committee (PDRC) separately talked to the media about their opposing standpoints on the charter draft. The UDD rejects the draft, while the PDRC voices support for it.

In response to a call for the United Nations and the European Union to observe the referendum, Prawit said he did not think any country would request foreign monitors for a referendum.

“There is no need to invite them. They should wait until the general election. Foreign monitors should be invited to see if anyone buys votes,” Prawit said.

Colonel Piyapong Klinpan, a spokesman for the NCPO, said yesterday that legal specialists were determining if leaders of the UDD and PDRC had violated the referendum law.

He said the authorities would fairly enforce the law regarding all groups of people to maintain order. “There will be no double standard,” Piyapong added.

Meechai Ruchupan, chairman of the Constitution Drafting Commission (CDC), said yesterday that since the referendum law had taken effect, anyone attempting to disrupt CDC events that are explaining the content of the new charter would face legal action.