The petition, led by iLaw director Jon Ungpakorn, will be lodged with the Supreme Administrative Court asking for a revocation of the EC’s announcement on regulations controlling the expression of opinions regarding the upcoming plebiscite.

The petitioners said the announcement is unlawful, and it contains content that violates democratic principles and international obligations that Thailand has agreed to. Most importantly, they claim, it affects the essence of freedom of expression under a democratic regime.

According to the text of Article 61, it prohibits the spread of “false”, “rude”, “inciting” or “intimidating” messages related to the referendum.

The EC’s announcement provides guidelines on permissible activity |by campaigns for the referendum |on the draft charter, including a |ban on people displaying shirts, badges, pins, ribbons, flags or |signs that might influence voters. The ban also extends to distributing the same items in ways that could be construed as attempts to incite violence.

In early May, the group filed a separate petition against the article, but the Constitutional Court recently ruled it is constitutional, judging that it did not infringe on freedom of expression as alleged.

The full verdict was published on the court’s website on Monday, reading that freedom of expression is protected under the Referendum Law’s Article 7, but for the referendum to be carried out peacefully and fairly, Article 61 sets additional regulations.

‘Clear but unspecific wording’

The verdict also said the article’s second clause clearly targets people who “instigate trouble in order to cause disorder in the voting.

“Clear but unspecific wording is used when the law cannot specify future incidents,” the verdict read. “When an incident occurs, it will be acknowledged and understood whether it falls into what the law stipulates.”

The court also ruled that the controversial stipulation was not overly broad or vague, adding that if authorities interpret the wording in an unacceptable or overly broad sense, people who are affected could file complaints with the court.

Jon expressed his disappointment with the verdict yesterday, saying the court had adopted the junta’s excuse to limit freedom of expression ostensibly to maintain peace and order.

“There is no proof that freedom of expression prompts unrest or violence,” he said. “In my opinion, the draft charter, which will be decided in the poll, has an impact on the future of everybody in the country. So, people should be able to receive information from different points of view, so they have enough information before casting their ballots, no matter how they decide to vote.”

“If they behave well then I may reconsider the decision,” Prime Minister Prayut Chan-o-cha said after the weekly Cabinet meeting yesterday.

“But for now, I haven’t seen any significant improvement.”

Consideration of the plan proposed by the National Reform Steering Assembly (NRSA) could be brought up after the August 7 referendum, when political tensions may be alleviated, he said.

Prayut‘s response followed a call last week by leading Pheu Thai figure Sudarat Keyuraphan for a meeting of rival political parties to seek reconciliation.

Somsak Prisananantakul, adviser to the Chart Thai Pattana Party, and Nipit Intarasombat, deputy leader of the Democrat Party, agreed to meet before Nipit decided to postpone, saying it could create public misunderstanding and pollute the political atmosphere.

The junta has swung back and forth on security measures against political movements, especially during recent months as the referendum date approaches.

One of the most frequently used orders is the National Council for Peace and Order (NCPO)’s announcement No 7/2014 that prohibits political gatherings of more than four people.

The NCPO has enforced orders in cooperation with the Internal Security Operations Command under the ambiguous referendum bill to “keep the country in order”.

On Sunday, the government also introduced “order maintenance centres” in provinces and districts countrywide to help support the Election Commission in ensuring order and transparency in the upcoming vote.

Prayut admitted that the centres’ introduction is merely an actualisation of pre-existing NCPO authority.

“[That authority has] been there since May 22 to take care of security issues,” Prayut said, referring to the 2014 coup.

‘Deep divisions’

But the prime minister insisted that the centres supervised by local authorities under the Interior Ministry would only monitor the situation and not interfere with polling stations.

“We’re not saying that you should or shouldn’t accept the draft. So don’t say that we’re pressuring anyone,” he said.With focus on monitoring possible tensions, Prayut however did not worry much on public sufficient knowledge on the charter draft’s content or how they will vote.

“Sixty to seventy per cent of people are too busy with making their lives. What should I do that they aren’t interested in the content. Is that my false?” he said “I’ve talked on it. Officers have talked on that and they still don’t understand. What else should I do?” The political reform committee of the NRSA suggested earlier yesterday that the government allow political parties to carry out activities and hold meetings.

The suggestion was line with the NCPO’s stated policy to relax the political ban if the public accepts the charter in the August referendum, NRSA members said.

Meechai Ruchupan, chairman of the Constitution Drafting Commission, said it would be unreasonable to rally or stage protests to make people reject or accept the charter.

“Both charter opponents and supporters are banned from doing so because the country is still reeling from deep divisions,” he said. He expressed concern that charter draft specialists were not equipped to explain to voters about content of the draft because they have not yet received the public relation documents from the CDC, which would arrive at each village only next week.

The Election Commission should ensure that there is no distortion of the charter’s contents through social media, he added.

“We must admit that sometimes we have lost touch because it’s about new technology,” he said.

Interior Minister Anupong Paochinda said a meeting of governors would be held on July 15 to discuss the peacekeeping centres.

Political parties would not be invited to monitor the referendum, but they are not blocked from expressing their opinions, he said.

THE MILITARY Court yesterday dismissed a police request for a second round of detention for 13 students and labour activists, resulting in seven of them being released from prison, while the remaining six were not required to place bail for their continued freedom.

The court said it did not see any reason to detain the activists further as requested by police, the activists’ lawyer Krisadang Nutjaras said.

The activists were detained for allegedly violating a ban on political gatherings and allegedly campaigning against the draft charter. They were caught handing out leaflets carrying information on the draft charter on June 23 in Samut Prakan province.

After the arrest, six of them sought release on bail, while the other seven refused to acknowledge the charge. The seven have been under detention since.

Police investigators from the Bang Sao Thong Police Station sought to hold the activists for a second 12-day period on grounds that the case was being considered by the station’s chief and that it would have to be forwarded to the military court’s prosecutors.

The police team also said the witness interrogation process has been completed.

The activists’ lawyers filed a counter petition saying the activists would not interfere in the police investigation, and were not likely to flee. Hence, the team said the request for further detention should be dismissed.

Rangsiman Rome, one of the seven detained activists set free, said the time behind bars had presented some problems. He said he and his fellow activists are students and they had to study, plus some of them also had jobs. Rangsiman added that several members of the group had fallen ill or developed skin infections, adding that he himself had lost 13 kilograms and was feeling unwell.

The 24 year-old also insisted that all 13 of them were innocent as they were just taking part in political activities peacefully.

Their lawyer Krisadang said it was now up to the police to decide if their case should be forwarded to the prosecutors, adding that his team was also deliberating on whether it should file a complaint questioning the military court’s jurisdiction on this case.

Amnesty International Thailand had earlier yesterday called on the advocates of human rights to sign a petition calling on the authorities, including Prime Minister Prayut Chan-o-cha, to immediately and unconditionally release the seven activists and revoke restrictions on the peaceful expression of opinions. The campaign will last until August 15.

Members of the agency also showed up outside the court yesterday morning to show support to the activists. Red-shirt leaderJatuporn Promphanwas also there to lend his support.

After pictures of the seven activists in prison uniform, chains and handcuffs being escorted to court went viral, National Human Rights Commissioner Angkhana Neelapaijit questioned prison policies to chain detainees whose only crime is to express themselves.

She pointed out that the detainees just thought differently from the junta, and were not likely to flee, so why treat them like serious criminals?

She said the pictures proved that such treatment infringed on the activists’ rights, adding that the agency would discuss this matter with the Justice Ministry and the Department of Correction, asking them to decide on a case-by-case basis as to whether detainees should be chained.

 

The NRSA voted 140 to one, with 12 abstentions, to forward the report to the Cabinet, the National Legislative Assembly and the Election Commission.

NRSA member Sompong Sakawee, who chairs the subcommittee on the reform of political parties, also presented a section of the report regarding proposed changes to the political party system.

He said the report includes guidelines to develop political parties to become political institutions representing the public instead of being dominated by wealthy interest groups.

The proposed guidelines to achieve that objective includes allowing political party members to pay an annual fee of not more than Bt200, which would then be matched by the government.

Political party members would also be entitled to vote in primaries or otherwise select MP candidates in their constituencies. “This is to ensure that constituents accept MP candidates, which will make party members feel the party belongs to them,” he said.

Candidates would also be obligated to disclose their tax records for the previous three years.

In terms of the structural reform of political parties, executive party members would not be allowed to hold government positions, while political office holders and party officials would be independent of each other, Sompong said.

The report also stipulated that political parties could be disbanded if they sabotage democracy or pose a threat to national security.

It also suggested relaxation of the National Council for Peace and Order’s orders to allow political parties to hold acitivities ahead of the referendum, but the suggestion was shot down immediately by the prime minister yesterday.

SENIOR NATIONAL Reform Steering Assembly (NRSA) figure Alongkorn Ponlaboot has been accused by his own colleagues of seeking political gain after he led NRSA members to hold meetings with politicians and allegedly used state funds to create a political network.

NRSA member Seree Suwanpa-nont took to the House floor during an assembly meeting yesterday to launch a stinging attack against Alongkorn, who was previously a Democrat Party politician. Seree questioned Alongkorn’s motives over his meetings with Democrat and Pheu Thai politicians last week.

Seree questioned whether the meetings with politicians and the alleged move to use a state fund to establish a political network are aimed at setting up a new political party.

“What is happening is not different from what political parties do, building networks, throwing parties and distributing handouts. Is this vote buying? Is this what the NRSA should do?” he said.

He said the assembly was carrying out political activities in defiance of the ban issued by the National Council for Peace and Order (NCPO).

He said Alongkorn’s meetings with two major political parties had damaged the assembly because the parties had accused the assembly of failing to implement reforms.

Seree also questioned what objectives would have been achieved had Alongkorn, the body’s first vice president, been allowed to lead the NRSA’s third meeting with foreign diplomats to discuss the upcoming referendum on the charter draft.

The gathering had been planned for yesterday afternoon but was cancelled by NRSA president Captain Thinnapan Nakata.

Before hearing the meeting was cancelled, Seree said: “I feel the event is a waste of time and bores the diplomats.

“I do not see the significance of the meeting because we hold such meetings too often. If it is possible, this event should be cancelled.”

Thinnapan, who chaired yesterday’s NRSA meeting, said he had decided to cancel the meeting with foreign diplomats and future meetings with political parties.

He said he had earlier cancelled a planned seminar in Cha-am.

‘No hidden motives’

Alongkorn apologised to the NRSA if he had made a mistake. He denied that he had hidden motives behind the meeting.

NRSA member Wanchai Sornsiri said he did not believe Alongkorn’s claim that the meeting with politicians had not dealt with politics but only national reform.

He called on Thinnapan to review his role and urged him not let his subordinates abuse their positions for political gain. Thinnapan said he would not appoint a fact-finding panel to probe Alongkorn’s actions, adding that he would take sole responsibility for any allegations.

“If there is any mistake, I will go to jail first. I feel that all NRSA members have good intentions. I apologise for any mistake and will correct what is not right,” he said.

Thinnapan said his decision to cancel the meeting with diplomats yesterday would not damage relations.

He said he would not discuss the issues with Alongkorn but would let the NRSA whips hold a meeting on the matter.

Thinnapan added that Alongkorn did not violate the NCPO ban on political gatherings after he cited the former’s name to hold meetings with politicians.

The experts shared their views on the occasion of the 19th anniversary of the National Press Council of Thailand, which oversees codes of conduct among the print media.

Minister of Science and Technology Pichet Durongkaveroj called on the media to ensure the accuracy of reported content in the new competitive digital era.

The minister said social media had expanded the media landscape and pressured outlets to report content as rapidly as possible through online platforms such as Facebook.

The danger is that this information could be inaccurate, he said.

“Although technology plays an essential role in this era, content is the key,” he said, stressing that technology is just a tool to disseminate the content, although a tool that cannot be neglected.

The media should place high priority on quality content, which affects society, the economy and even individuals, he said.

But to keep up with the trends and use technology maturely and responsibly, the media should study the nature of social media and how it affects their profession, he added.

Chawarong Limpatthamapani, president of the National Press Council of Thailand, said social media had changed readers’ behaviour in obtaining information. Today they consume news more through social media than via conventional TV, newspapers or news websites.

With new technology, ordinary individuals can generate content and become “citizen journalists” or “individual journalists”, he said.

Morality and codes of conduct have become a major concern when dealing with such a changing media landscape, he said.

Pirongrong Ramasoota, head of Chulalongkorn University’s Journalism Department, said more people are being informed by citizen journalists, citing the popular Facebook page “E-Jeab Leoab Duan”. It aggregates links to news websites, garnering up to 1 million followers for some stories.

However, the differences between individual and professional journalists are morality and accuracy, she said.

“I do not mean that professional journalists have higher morality or are superior to individual journalists. But those who call themselves professional should more seriously place a high priority on their codes of conduct and accuracy to maintain reliability,” she said.

Kanokporn Prasitphon, chair of the Online News Provider Association, said content providers should also study target groups’ tastes in news consumption.

“No matter how good content is, it is useless if no one reads it,” she said.

Kanokporn also expressed concern about the “ignorance” of news consumers who do not recognise the accuracy of news sources. This could lead to the further spread of false information and misunderstandings in society, she said.

To deal with this problem, Kanokporn said education was key because it would help people to be more aware of false news and make better news judgements.

The suspension is the second punishment meted out in less than two years to the controversial channel, which was ruled to have violated the rules of the National Broadcasting and Telecommuni-cations Commission (NBTC) and junta orders.

According to NBTC deputy secretary-general Pakdee Manaves, Peace TV’s licence suspension follows the airing of three TV programmes in March that violated the National Council for Peace and Order (NCPO)’s announcements No 97 and 103.

The NBTC panel also concluded that Peace TV’s content breached a memorandum of understanding with the NBTC, Section 37 of the Operation of the Sound Broadcasting Service and the Television Broadcasting Service Act BE 2551 (2008).

Peace TV’s licence was also suspended in April last year when the regulator said it breached the orders of the junta as well as broadcasting panel rules. Operations resumed in July the same year following a Central Administrative Court injunction order.

Yesterday morning, a group of Peace TV employees led by TV host Weng Tojirakarn and station executive Anantasak Khamkao submitted a petition to the NBTC’s Broadcasting Committee to review the suspension order.

Weng, who is a leader of the United Front for Democracy Against Dictatorship (UDD), commonly known as red shirts, said the licence revocation was unfair.

He said the station would tomorrow seek an injunction order from the Central Administrative Court because its business has been severely damaged by the licence suspension.

The station employs 130 staff and provides content via satellite and online platforms. It will continue broadcasting on media such as YouTube and Facebook, so no staff lay-offs are expected.

Supinya Klangnarong, a member of the NBTC’s Broadcasting Committee, said earlier that the NBTC subcommittee overseeing TV content and programming had invited representatives of the NCPO, National Human Rights Commission and the Council of State to clarify the case.