IN A BID TO tighten control over the media, the junta leader yesterday gave absolute power to the broadcast and telecom regulators to order outlets to shut down without the right to appeal.

The move drew an outcry from the media.

Thepchai Yong, president of the Thai Broadcast Journalists Association, called for a review of the order, saying it was untimely, as the referendum on the constitution was less than a month away.

Prime Minister Prayut Chan-o-cha, who is also chief of the National Council for Peace and Order (NCPO), issued Announcement Number 41/2559 on the supervision of the dissemination of news and information to the public. He exercised his power under Article 44 of the post-coup interim charter.

The order assigns the National Broadcasting and Telecommu-|nications Commission (NBTC) to monitor broadcast media for airing reports deemed detrimental or a threat to the political system, national stability or public morality.

The NBTC said the order would help support its role in regulating the media, as its decisions in certain cases would be protected.

Peerapong Manakit, chairman of the NBTC’s committee on TV content and programmes, said the new order was a clarification of the exercising of the NBTC’s powers under NCPO Announcement No 97/2557 on top of Article 37 of the Operation of the Sound Broadcasting Service and the Television Broadcasting Service Act of 2010.

The order empowered the NBTC to monitor the broadcast media for airing reports deemed detrimental to the ruling system or reports that may destabilise the country and corrupt the good morals of the people.

In case the commission examines such action and deems it due to ignorance of the licensee, the commission shall have power to order the licensee to correct its action as appropriate or to suspend or cancel its licence.

Supinya Klangnarong, a member of the NBTC’s Broadcasting Committee, said in a Twitter message that the new NCPO order would allow the NBTC to apply stricter controls on violators.

She said the case against Peace TV, which is pro-red shirt, was just an initial case between the regulating agency and broadcast media. She expects more cases to follow.

This new NCPO order also confirms that the NBTC will be protected by law if its decision is made under junta order No 97/2557.

However, this order also preserves the rights of a licensee if it believes that the NBTC’s decision was unfair.

According to Prayut‘s order, the NBTC will also monitor reports that violate the NCPO Announcements No 97/2557 and No 103/2557.

Any radio or TV station that violates the orders will be immediately closed by the NBTC and the station cannot appeal the decision.

The two orders issued in 2014, shortly after the coup in May of that year, drew much criticism from local media groups as well as international rights organisations.

Legal immunity

They said the orders, which allow authorities to suspend distribution of publications and the broadcasts of electronic media found to have spread information deemed provocative or threatening to national security, resulted in the restriction of freedom of expression and the people’s right to information.

The new order also grants immunity from any future legal repercussions for the NBTC’s officials or any of its authorised representatives who perform their duties under this order honestly, fairly and necessarily.

The protection covers criminal, civil and disciplinary actions.

However, any damaged party may petition the court for compensation from the state entities involved in case of infringement by public officials, the junta chief’s order said.

Thepchai, who is also editor-in-chief of Nation Multimedia Group, the publisher of The Nation, said General Prayut‘s latest order came at a time when people in society need information from various sources to make their decisions on the new constitution ahead of the voting next month.

He urged the NCPO to review this order, saying that at present there are clear regulations for the NBTC in dealing with broadcast media.

“I am not sure if the NCPO has any agreement with the NBTC. This makes it look like the NBTC, which is an independent organisation, is being interfered in,” Thepchai said.

Prime Minister Prayut Chanocha, in his capacity as chief of the National Council for Peace and Order (NCPO), issued Order Number 41/2559 on the supervision of distribution of news and information to the public. He exercised his power under Article 44 of the postcoup interim charter.

The order empowers the National Broadcasting and Telecommunications Commission (NBTC) to monitor the broadcast media against airing reports deemed detrimental to the political system or may destabilise the national stability and damage the moral value of the people.

The NBTC will also monitor against reports that violate the NCPO Orders No 97/2557 and No 103/2557.

Any radio and TV stations that violate the orders will be immediately shut down by the NBTC and the stations cannot appeal against such closure.

The two orders issued in 2014, shortly after the coup in May that year, drew much criticism from local media groups as well as international rights organisations. They said the orders, which empower authorities to suspend distribution of publications and broadcast of electronic media, resulted in restriction of the freedom of expression and people’s rights to information.

He was speaking at the organisation’s 15th anniversary.

The commission will take an official stance on this matter once a conclusion is reached, he said.

The seven were among 13 activists who were arrested on June 23 for violating a ban on political gatherings and campaigning against the charter draft. They were arrested while distributing leaflets on the draft charter in Samut Prakan area.

The students were shackled while being taken to court last week to hear the ruling on a police request for a second round of detention. The request was dismissed in court. The shackling of the students also raised strong criticism about whether it was appropriate to chain them.

The NHRC chairman also jumped into the fray, saying they were only cuffed at the feet, which raised another storm of criticism toward him and the organisation. Yesterday, he tried to retract his comment, saying he was just questioning the use of “foot cuffs” and whether correction officers had the authority to chain detainees.

At the anniversary event, the NHRC updated the Nation on the handling of human rights for political prisoners and victims ahead of the referendum.

NHRC commissioner Surachet Satitniramai said the commission was planning to call on the government or other concerned agencies to amend related laws.

“We are planning to propose that the 2005 emergency decree and the 2008 Internal Security Act be amended,” he said. “The laws should be amended and stipulate a new treatment standard to ensure that all victims are treated fairly and offenders are brought to justice.”

Surachet said the treatment for victims depends on the Cabinet’s different resolutions, which may not always be fair for all victims.

NHRC chairman Vas added that the commission was also able to propose suggestions to the Constitutional Court and the Administrative Court on cases that are considered to be infringing on political rights. However, he said, the commission could not file a petition with the Courts of Justice on behalf of a victim.

“Another mechanism that the commissioner can use to help resolve the cases would be to mediate a settlement between two parties. However, both sides have to ask and agree to have NHRC become their mediator,” he said.

Wissanu said that if the draft were to be rejected, the interim charter clearly stipulates who will be the new draft charter drafters, but does not state the procedures that will be required if this draft is rejected next month.

“It only states that the Constitution Drafting Commission will be disbanded after the referendum results are announced,” he said. He added the government and the National Council for Peace and Order (NCPO) would be the ones to decide on the procedures or get concerned officials to come up with solutions.

The four major issues are who will write the new draft, how it will be drafted, the time frame required for completion and what are the procedures to follow once the draft is completed.

“I personally believe that another referendum is not necessary, as it will take a long time and the government wants to stick with the same road map,” he said. The new charter also has to indicate when the next general election will be held.

Wissanu said certain factors might affect the road map for holding elections next year, whether it is sooner or later. However, he stopped short of elaborating. He said that since the interim charter stipulates that ministers are not allowed to write the charter, he would not have the right to write the charter. He also told reporters not to ask if the interim charter can be amended so that he can contribute to the new charter.

Meanwhile, National Legislative Assembly president Pornpetch Wichitcholchai said that if the draft charter fails to pass the referendum, then the interim constitution would have to be amended to pave the way for a new draft.

“How the new draft is written depends on the government and the NCPO. I cannot express an opinion on this,” he said. He added that he was confident that the public understood the additional question in the referendum, though there is still enough time to explain it.

Pornpetch added that the distribution of booklets explaining the charter draft was delayed due to transportation, though this should not really affect the campaign.

Separately, a former Pheu Thai MP said that people in the Northeast were considering an “Isaan Return” campaign, encouraging citizens to return to their home towns to exercise their voting rights in next month’s referendum so they can determine their own future.

Isaan campaign

Pheu Thai Party’s deputy secretary-general Chavalit Vichayasuth, a former party-list MP, claimed that people in Isaan had already decided how they would vote. He said he had spoken to other former Pheu Thai MPs, and learned that those who had lost their jobs and had returned to their family farms would vote in the referendum to demonstrate that they are aware of democracy and fairness. As for those who are still in Bangkok, they will be asked to visit their families on the eve of the referendum so they can cast their vote on August 7, he said.

He added that the one of the major concerns among people in the Northeast is the provision in the draft for 250 appointed senators. The non-elected Senate will be empowered to join the elected members of the Lower House to choose a prime minister, should the additional question on that issue pass the referendum. Chavalit said locals had asked the so-called Kru Khor (Teacher C) volunteers, who have been trained to spread information about the charter in face-to-face contact with voters, why the draft stipulates such a Senate. However, the volunteers have not been able to answer this question, he pointed out.

He said he just reiterated the point that if the charter did not pass the referendum, there would be a new charter drafted by someone, and if it was too much of a problem, he would do it. Prayut said he did not believe such a point would be reached.

“I just articulated it. Can I really write it [a new charter] myself? Whose duty it is? Do we not actually have a charter drafting committee to do it, right? So, why so bothered exaggerating the matter?” said PM Prayut, in reply to reporters at his weekly briefing at Government House.

The PM had made a remark at the economic seminar on Monday, saying he would write a new charter himself if the draft charter failed to pass the referendum. But he retracted that a few hours later, saying his comment was an “unofficial remark” that should not be taken seriously.

“I said if there were too many problems, I might consider whether I should do it myself. I consider that an unofficial remark. Don’t take me too seriously,” the prime minister told reporters.

Meanwhile, Deputy Prime Minister Wissanu Krea-ngam said yesterday that if the charter draft did not pass the referendum, the interim charter must be amended to pave way for a new draft to be written.

“The amendment (of the interim charter) will be done immediately after the referendum result (of not passing) is known,” he said. There had been discussion about the matter but it had not yet occurred.

Wissanu said it was too late to postpone the referendum following the requirement under the interim charter.

“Stepping back is not the way as we will move ahead with the referendum,” he said, adding that he had no idea if the government had the legal right to write the new draft itself, apparently responding to the prime minister’s – retracted – remark on Monday.

Gothom Arya, director of Mahidol University’s research centre for peace building, has floated a proposal that the 1997 Charter or 2007 Constitution be adopted if the new draft is rejected on August 7.

Either could be “brushed up” to suit the present situation so that a general election could be held. He further recommended the new charter be used for only one term of an elected government, which should then call a new round of participatory-based charter drafting.

“This can be done by establishing a Constitution Drafting Assembly that will write the draft under a version – [with] public consensus,” he said.

Gothom expected that the atmosphere for the referendum vote would be lacklustre and turnout less than targeted amid continued suppression of people’s opinions. He suggested that the Election Commission clearly announce that the public has the right to express opinions about the charter draft and that opponents of the draft with honest intent should not be suppressed.

 

Reporter Taweesak Kerdpoka and four activists were accused of breaching the Referendum Law after they were found in a pick-up truck on Sunday along with alleged anti-charter booklets and stickers reading “Vote NO” in reference to the upcoming plebiscite.

An officer from Sutthisan Station said police had a court-approved warrant issued to search for relevant documents and check if there were connections between the agency and the recent arrest. However, police did not find any evidence linking Prachatai to the alleged anti-charter materials.

Taweesak said the warrant authorised police to seize documents, but they did not take any material from the office. Military officers stood outside observing the search, but generally the authorities seemed friendly, he said.

The reporter said the office was under suspicion of being behind the New Democracy Movement (NDM) activists, probably because he was among those arrested with them and police had been trying to identify the ‘masterminds’.

The office returned to normal operations after police left, Taweesak said.

Prime Minister General Prayut Chan-o-cha said at his weekly press briefing at Government House that responsible officers were working on the case and they should be given time to do their job.

Prayut said the officers followed legal procedures and would take action in line with the law, adding that people should instead pay attention to genuine charter issues rather than “false” ones.

The Constitution Drafting Commission (CDC), meanwhile, is considering whether to take action against the NDM activists involved in producing and distributing the booklets.

The CDC’s subcommittee on public relations said agents were examining the controversial documents, which allegedly contain content opposing the charter draft. Initially, the CDC divided the content into four categories – opinions different from the drafters’, opinions opposing the charter draft, half-truths and distorted facts, a source in the CDC said.

He said opinions differing from the CDC’s and against the charter draft were not illegal but the half-truths and distorted facts were problematic.

However, the CDC had not yet resolved whether to report violations of the Referendum Law to the Election Commission, the source said, adding that it would launch a public relations campaign to correct the distorted facts.

In reference to the arrest in Ban Pong in Ratchaburi, the source said people distributing anti-charter documents might not be charged for violating Article 61 of the Referendum Law because the intention behind the action might not be clear. But those responsible for producing content distorting the charter should be held legally accountable, he said.

Article 61 bans “false”, “rude”, “inciting” or “intimidating” messages related to the referendum, with maximum penalties of up to 10 years jail and or a fine of up to Bt200,000.

The international media watchdog Reporters Without Borders (RSF) on Monday called on authorities to withdraw all charges against Taweesak.

“It is unacceptable that local officials, acting under the junta’s authority, fail to distinguish between political activists and a journalist who is covering their activities,” Benjamin Ismail, the head of RSF’s Asia-Pacific desk, said.