A person has the right to provide information on the draft constitution as long as the referendum law is not violated, he said.

As the referendum date of August 7 approaches, United Front for Democracy against Dictatorship president Jatuporn hosted an online live-stream program on Facebook to express his views on the charter draft. The move raised concerns over whether it breached the referendum law, which prohibits the spreading of false, rude, incendiary, or intimidating messages with the intention to influence voters.

But Somchai said Jatuporn’s live stream could have given an alternative view of the constitution draft to voters that could be advantageous.

However, he warned the red-shirt leader not to cross the line set by the referendum law by giving false information or using vulgar language to incite people or induce street protests.

Jatuporn should only give essential information without trying to influence how people vote, the EC member said. In a related development, leading Pheu Thai Party figure Watana Muangsook posted on his Facebook page a photo of him wearing a T-shirt printed with a message against the charter. The photo was taken during his recent visit to former prime minister Thaksin Shinawatra in Singapore.

General Prawit Wongsuwan, a key member of the military’s ruling National Council for Peace and Order, said the issue should be taken up by the EC to see if the move violated the referendum law.

Somchai said he could not tell straightaway if it was illegal. If needed, the EC would have to convene to rule on the matter, he said.

However, the EC member insisted that wearing a T-shirt with such a message was not illegal unless the person had the intention to stir up violence.

In response to the request from international organisations to observe August’s referendum, Somchai said the EC had replied to observation requests made by the Asia Foundation as well as Bhutan and Nepal representatives and they would be allowed to monitor it. But he said there would be restrictions on Thai observers, with them allowed only to monitor situations outside polling stations. They must not intimidate polling staff or create chaos in front of polling stations, he said, citing the referendum law.

Meanwhile, Pornpetch Vichitcholchai, president of the National Legislative Assembly, expressed his delight after the Constitutional Court ruled that Article 61 of the referendum law was not unconstitutional. The article prohibits the spreading of false, rude or incendiary messages.

He said the clause would help keep peace and order during the lead-up to the plebiscite.

Public opinions are still respected, Pornpetch said, adding that he did not want people to view the referendum law as limiting their rights or freedoms.