THE media regulation bill prepared by the National Reform Steering Assembly  (NRSA)’s media reform committee as part of national reform has faced harsh criticism that it seeks to control media outlets, rather than protect the media.

The key points that major media groups have strongly opposed are the make-up of the proposed professional council and the media licensing system outlined in the bill.

This has led them to call for ACM Kanit Suwannet, head of the committee sub-panel spearheading the proposal, to be removed.

But he stuck to his guns and vowed to look into the details again. ACM Kanit talked to The Nation about the ideas behind the story, plus his panel’s next moves amid fierce

resistance by many media professionals.

HOW DID THE PANEL COME UP WITH THE IDEA TO HAVE THE MEDIA REGULATED THROUGH NEW MECHANISMS LIKE THE MEDIA PROFESSIONAL COUNCIL AND SUCH?

We didn’t. It was something we took from the now-defunct National Reform Council (NRC)’s committee on media reform. They are not around today as they were dissolved after the previous draft charter was aborted. But what they studied remained, and we continue their work. The professional council was part of their study.

WHY WOULD THE PROFESSIONAL COUNCIL BE SET UP, WHEN THE PRESS ALREADY HAS THEIR OWN ASSOCIATIONS?

For that, you will have to ask the NRC. We just took the baton from them. But from the study they conducted, the thing about the regulation proposed, they said it was necessary.

Yes, the media has associations, federations and everything as self-regulatory mechanisms, which abide by some laws such as that of the National Broadcasting and Telecommunications Commission (NBTC). But it doesn’t work very well. It hasn’t been very effective.

So, the idea of establishing the professional council came about to allow “co-regulation”.

Everything follows the study conducted by the NRC.

IS “REGULATING” CONTROLLING OR NOT, IN YOUR VIEW?

Those are two completely different words. They are not even close to one another. Looking at them either in Thai or in English, they are two different words.

But I understand that maybe the media has a lesson from the past that gets them so worried. I totally understand – but personally I think, we can talk and discuss this over and adjust it.

There is nothing rigid about the composition of the council. We can change both the composition and the qualifications [for people on the council].

Now I have assigned everyone on the panel to think [the proposal] over, we will discuss what the composition should be and who should represent the state in the council when we meet again.

SO, THE PERMANENT SECRETARIES WILL NOT SIT ON THE COUNCIL AS FIRST PROPOSED ANYMORE?

We discussed that in the meeting on Monday. Some people in the NRSA whips said they should still be there because the council will be subsidised by the state. So, there should be some connection.

But we will think about the new composition again – who should sit on the council. We try to make them as relevant to the media field as possible.

WHEN STATE REPRESENTATIVES REMAIN ON THE COUNCIL, HOW WILL YOU ASSURE THE MEDIA THAT THEY WILL BE INDEPENDENT?

Well, both sectors, private and public, must go together. We have dealt with concerns about the composition [of the council] and reduced the number of the permanent secretaries down from four.

But actually, there is nothing to worry about. The four permanent secretaries are from different ministries. They are independent. They each have one vote. And the media can still scrutinise them. Especially now with social media, you can publish all the documents online.

It is impossible for the permanent secretaries to have influence over you. This is not to mention seniority and credentials of a permanent secretary position. Now the reformers are doing homework. If it is not a permanent secretary [on the council], then what should they be?

WHAT ABOUT LICENSING OF THE PRESS? WILL THAT BE A MEANS TO CONTROL THE MEDIA AS CLAIMED?

Even presently you do have a kind of licensing, but it is at the company level. We just expand it to an individual level.

But as the official name of the bill suggests, the licensing system will rather help to protect your rights as well as to promote media ethics and standards. If you are a certified press worker with a licence issued, you should be entitled to benefits and privileges such as awards.

As a result, you will love your institution. You will want to maintain your standards and report the news ethically. Unlike when there is no clear system or no licensing, you can come and go however you like. It lacks order.

SO, IS A LICENCE COMPULSORY OR NOT?

We propose that it would be. But I want to stress that any training or examinations prerequisite for a licence are entirely the responsibility of the council. You have full control. This is not against the draft constitution.

BUT WILL THE THREAT OF LICENCE REVOCATION BE A FORM OF MEDIA CONTROL BY THE STATE?

Not by the state. It would be the authority of the professional council. The council is entitled to issue its own regulations. If you meet the minimum standard, there is no way your licence can be revoked.

It is the same as driving. If you drive well and safely, you are fine. Unless you do something wrong, you won’t face any consequences. And there are steps before any revocation, which comes last on the list. First you get warned, then you get fined. If you don’t show improvement, you will be suspended. Revocation is the last and the strongest measure.

GIVEN THE COUNCIL’S ENTITLEMENT WOULD HAVE EXTENSIVE AUTHORITY, HOW WELL DO YOU THINK IT CAN SERVE THE MEDIA?

That would depend on the composition of its members. Now it is unclear, but the number of permanent secretaries will be reduced. It can be cut down to three, two or one. It remains undecided. But at least one will stay. It is necessary since self-regulation has not proven effective.

WHEN CAN THE DRAFT BILL BE FINALISED AND WHAT ARE YOUR NEXT STEPS?

Everything will be clearer early in March. After that, we will forward it to the whips. Then it enters the NRSA and the Cabinet. That is the process, if it can go through and doesn’t get rejected.