However, no punishment will be meted out for leaflets distributed in the past, Somchai said, and the group will be given the benefit of the doubt, as its real intentions are not clear.

“We don’t want to create any more tension. So, no charges will be pressed over past actions,” the commissioner said.

The leaflets as well as an online infographic featuring seven problematic points concerning the draft charter had been circulated by the NDM for a couple of months after the draft was completed in early April.

Apart from these leaflets, the group has printed other anti-charter material including “Counter Arguments of the Constitution Draft”, which came in the spotlight when chief drafter Meechai Ruchupan declared it to be a “fake booklet”. He said the explanatory booklet looks similar to the booklet issued by the Constitution Drafting Commission (CDC) and some say it may cause confusion.

Somchai said he does not think the “counter-argument” booklet violates Article 61 of the referendum law, which prohibits the spreading of false, vulgar, inciting and intimidating messages. However, he said, it could still be in breach of the criminal law, as some of the content can be considered defamatory. However, he added, this was not under the EC’s jurisdiction.

The CDC, on the other hand, has not taken an official stand on whether the booklet contains any information that distorts the draft charter and has yet to decide what action should be taken against the group. However, CDC spokesman Norachit Sinhaseni said a subcommittee has reported that some of the content distorts the draft charter.

Violation of the referendum law’s Article 61 is a crime punishable by up to 10 years in prison and fines of up to Bt200,000.

As for the thousands of anti-draft charter letters found circulating in Chiang Mai and Lampang this week, Somchai confirmed they were illegal and contained distorted facts about clauses related to state welfare schemes such as universal healthcare, free education and pension for the elderly. Though refusing to say exactly what was included in the letters, he said the local EC office has already filed complaints with the police, which is investigating the case.

CDC chief Meechai has also expressed concern about the spreading of false information, but said he was more determined to complete his job of ensuring that people have the right information ahead of the August 7 referendum.

He said drafters could tolerate different views on the charter, but would not accept distortion of facts, adding that if the group really cares about the people, then it should not lie to them. If this is being done by politicians, then it is a clear sign that politics in this country is underdeveloped and can be dangerous in the future.

Apart from that, the election commissioner and the CDC also resolved yesterday that they would provide more space for the opposition to voice its opinions in relation to the draft charter.

Somchai said he had called on a TV station to produce a show for both opponents and supporters of the draft to air their views so voters can have more information before deciding in the poll.

This move was in response to heavy criticism that the EC-sponsored programme broadcast on more than 20 channels did not provide opponents enough time to air their views.

However, Somchai said, that four of the 10 future episodes would feature those who are critical of the draft charter.

In response to complaints that the draft charter has not reached voters in many areas and many people are still not able to access it online, Somchai said the entire copy of the draft charter will be printed in three key newspapers during the weeks before the referendum on August 7.

In a related development, two pro-democracy groups yesterday met with the authorities to ask for a platform to voice their opinions and permission to launch a free and fair campaign.

The Thai Academic Network for Civil Rights met Somchai in the morning, while NDM submitted a letter to Meechai in the afternoon.

Meanwhile, the Supreme Administrative Court has rejected a petition from the Internet Law Reform Dialogue (iLaw) that sought to annul the EC’s regulations on the expression of public opinions in the run-up to the referendum, the court said in a press release yesterday.