The commissioner said actions would be construed as criminal only when certain conditions occur simultaneously, adding that the law was really meant to be more of a deterrent.

Article 61 stipulates a maximum jail term of 10 years and a fine of up to Bt200,000 for anyone who disseminates messages about the draft constitution that are inconsistent with the truth, or contain rude, provocative or intimidating language.

A group of scholars and former senators recently lodged a petition with the Ombudsman’s Office challenging the contentious article on the grounds that it violates the interim constitution’s provisions protecting rights and freedom of expression.

Boonsong said the three elements that would constitute a crime are messages that deviate from the truth; those that contain aggressive, rude, intimidating or inciting language; and messages that aim to influence voters. He added that he did not think the article violated the 2014 interim charter.

The Election Commission (EC) is scheduled to provide an explanation by tomorrow to the Ombudsmen about whether the article contradicts the interim charter, after which the case could be forwarded to the Constitutional Court for its judgement.

Meanwhile, the United Front for Democracy against Dictatorship (UDD) yesterday submitted an invitation letter calling on the EC to help educate its members about the referendum.

The UDD is planning to set up a centre for curbing referendum fraud in the interests of transparency, the group said, while expressing concern about the Constitution Drafting Commission and junta volunteers who are deployed across the country to explain the charter to the public. The UDD claimed that the informational campaign could result in an unfair referendum because voters might hear only one side of the story.

The centre is intended to help the EC observe whether the junta’s volunteer trainers commit referendum fraud, the group said.

Election Commissioner Somchai Srisuthiyakorn said the UDD initiative could be seen as increasing citizens’ awareness, but every action must still adhere to the rule of law.

He added that he would not be able to meet UDD members at their invitation because of his busy schedule, but they could come to see him at his office to discuss the matter.

Meanwhile, the EC planned yesterday to meet with 19 digital television outlets to discuss programming slots for sponsored shows about the referendum, but the meeting was cancelled.

TV meeting cancelled

Somchai said only 10 of 19 channels were represented at the meeting because of the short notice. The meeting is rescheduled for next Monday, he said, adding that the stations would broadcast sponsored programmes on a voluntary basis.

Authorities are only seeking cooperation from the TV stations to reach the public and boost understanding about the charter’s content and the referendum, Somchai said, adding that there would not be penalties if they do not comply.

In a related development, the EC is looking into two cases involving Pheu Thai Party politician Suranand Vejjajiva and Chulalongkorn University political science scholar Pitch Pongsawat wearing T-shirts displaying messages intended to influence people’s votes on the referendum, Boonsong said.

The alleged violations were reported to the EC via a mobile application known as “Pineapple Eyes”, which has been set up to receive complaints.

Boonsong added that 11 other cases of politicians and government officials violating the law have been reported.

However, he said, investigations found insufficient evidence of criminal acts in some cases, while others took place before the Referendum Act was implemented, so the cases have already been cleared.