However, the Election Commission (EC) meanwhile said yesterday that public comments on the constitution draft, including academic discussions, were not banned under the referendum law, although provocative or seditious actions were prohibited, according to EC commissioner Somchai Srisutthiyakorn.

Deputy police spokesman Pol Colonel Krissana Patanacharoen said authorities would focus on Article 61 of the new law, which prohibits acts of unrest and campaigning with a provocative, aggressive or violent manner to influence voters.

People convicted of breaking the law risk up to 10 years in jail, he said.

The spokesman also warned voters against acts that may violate the law, including tearing up ballot papers, photographing a ballot paper or gambling on the referendum results.

“Police will enforce the law strictly and fairly for all groups of people and politics,” he said.

Meanwhile, political scientist Benjarat Sae Chua had a document confiscated by police while attending an academic discussion on the draft charter at Chulalongkorn University yesterday.

Benjarat, from Mahidol University’s Institute of Human Rights and Peace Studies and one of the speakers at the discussion, said the document explained why people should vote against the draft.

However, police did not formally press charges against her.

The EC’s Somchai said yesterday that the agency would adhere to the principles of rights and freedom.

“Any honest actions that do not violate the law can definitely be carried out. Strongly forbidden are comments that are vulgar, violent, aggressive, distorted or seditious,” he said.

Expressing a stance individually, not collectively, towards the constitution using articles such as banners, stickers or T-shirts was also permissible, the election commissioner said.

Academic discussions were welcome, he added, but talks had to be hosted by academic institutions, government agencies or media organisations. He added that if the content of the discussion violated relevant laws, the host would be held responsible.

EC guidelines out on Friday

Somchai said the EC would write guidelines based on the referendum law, not on personal remarks made by authorities from the National Council for Peace and Order (NCPO) including the prime minister.

The EC passed three regulations yesterday concerning the rules of the referendum, spending policies and the publication of charter drafts.

Clear guidelines – do’s and don’ts – would be issued on Friday when the EC president Supachai Somcharoen returns from travelling abroad, Somchai added.

Representatives from media organisations met with the EC yesterday to express concern that the referendum bill could limit press freedom, as it contains a stipulation that disseminating some content could be deemed illegal and punishable by a stiff jail sentence.

The EC acknowledged the concern and promised, if possible, to try to not cause trouble for media outlets.

Meanwhile, Deputy Prime Minister Prawit Wongsuwan said yesterday that authorities would not allow public campaigning by supporters and detractors of the draft charter, which would violate the referendum law.

Prawit, who is also the defence minister, suggested that people on both sides talk to people who are like-minded about their standpoint. “We do not gag anyone. But we do not allow advertising. No campaigning through media,” he said.

In regard to separate press briefings by two rival political groups on Sunday supporting and opposing the draft, Prawit said relevant authorities were looking into the cases to determine if the referendum law had been violated.

He said the law had already taken effect and people should comply with the rules. He also urged the media not to ask rival groups for comments, saying they would receive the same answer every time.

“People who like the draft will continue to do so, and people who don’t like it will still not like it,” he said.

On Sunday, leaders of the “red-shirt” United Front for Democracy against Dictatorship (UDD) and the pro-junta Foundation of the People’s Democratic Reform Committee (PDRC) separately talked to the media about their opposing standpoints on the charter draft. The UDD rejects the draft, while the PDRC voices support for it.

In response to a call for the United Nations and the European Union to observe the referendum, Prawit said he did not think any country would request foreign monitors for a referendum.

“There is no need to invite them. They should wait until the general election. Foreign monitors should be invited to see if anyone buys votes,” Prawit said.

Colonel Piyapong Klinpan, a spokesman for the NCPO, said yesterday that legal specialists were determining if leaders of the UDD and PDRC had violated the referendum law.

He said the authorities would fairly enforce the law regarding all groups of people to maintain order. “There will be no double standard,” Piyapong added.

Meechai Ruchupan, chairman of the Constitution Drafting Commission (CDC), said yesterday that since the referendum law had taken effect, anyone attempting to disrupt CDC events that are explaining the content of the new charter would face legal action.

Pheu Thai Party has already clearly opposed the draft written by the Constitution Drafting Commission (CDC) led by Meechai Ruchupan, but yesterday the political faction supportingThaksin – the United Front for Democracy against Dictatorship (UDD), known as the red shirts – officially rejected it.

The Democrats have not officially made stated whether they are for or against the draft, but key party leaders have strongly criticised it for alleged shortcomings on democratic principles and human rights.

However, former Democrat Party secretary-general Suthep Thaug-suban threw his weight behind the new constitution shortly before the UDD announced its opposition.

Suthep, chairman of the Great Mass of People’s Foundation for Thailand’s Reform, said he was truly satisfied with the whole charter draft beginning with the preamble. “The preamble states clearly that the country is ruled under a true democratic system that is not just a superficial form of democracy,” he said.

Formerly chief of the now-defunct People’s Democratic Reform Committee, Suthep led rallies to overthrow the elected Yingluck government before the May 2014 coup.

He said his group supported the charter draft unlike some political parties because he had quit politics and his viewpoint was aligned with the common people instead of with politicians.

Later yesterday UDD leaders announced their opposition to the draft at a Lat Prao department store. “If Suthep can do it, we will also do the same because we have asked for permission for this [conference] many times, but we were not allowed,” chairman Jatuporn Prompan said.

Key UDD leader Thida Thavornseth said the group rejected the draft because the new electoral system would lead to a weak coalition government. “The new government will be a lame duck and unstable one. It will be short-lived and the country will plunge into a crisis, which will force a non-elected PM be brought in,” she said.

However, Suthep downplayed concerns about a non-elected PM, saying it would be a solution if there is a political impasse.

Thida said she also opposed allowing the Senate to vote to select a prime minister or impeach members of the legislative and executive branches.

Earlier in the day, Suthep said if voters in the referendum back senators having authority to select the premier (in a ballot in parliament with elected MPs), they would only have that power once immediately after the election.

He also cast a positive light on the charter’s mechanisms that would come into play if the country faces political crises similar to the situation prior to the May 2014 coup. “There is no need to stage a military coup to solve a political deadlock. The Constitutional Court chairman and the country’s 13 key figures will meet to find a solution to the crises.”

‘Thais can’t depend on politicians’

At the UDD press conference, Thida said she disapproved of a “too-powerful” Senate, adding that non-elected senators would have the power to veto legislation, interfere in the government’s administration, and endorse independent agencies and the Constitutional Court, which will supervise the elected government.

But Suthep at his press briefing expressed support for an appointed 250-member Senate for an interim period, saying the political structure was suitable for the country’s current situation because no one knows what will happen after an election.

“The National Council for Peace and Order risked their lives to stage a coup. It wants the political situation after the election to be smooth and peaceful,” he said.

“The accusation that the Senate will turn into a large political party and dominate Parliament is just imagination. Do not turn doubts into beliefs because it is wrong,” he said.

He also backed provisions that allow senators to be independent from political parties. “The CDC has realised that with what happened to the country in the past, it is proven Thais cannot depend on politicians. The Senate will be free from political influence,” he said.

Suthep pointed to what he believed were strengths of the draft including “unprecedented” national reform outlines and long-term national strategies. “The public can rally in protest against the next government if it fails to implement reforms and strategies indicated in the draft,” he said.

On the same issue, the UDD was pessimistic. Thida said political parties that win elections would not be able to carry out the policies they promise to voters during election campaigns without the approval of independent agencies and the Constitutional Court.

In regard to the referendum process, Suthep said political manoeuvring by different political groups would not negatively affect the vote and he believed voters would cast their ballots to ensure that the country moves forward.

In relation to the voting process, Jatuporn said next week he would ask the Election Commission to clarify what the public is barred from doing during referendum campaigns, as Article 61 of the Public Referendum Act was ambiguous.

He said the law stated that anyone disseminating information through print, broadcast or electronic media that deviates from the truth or which is deemed violent, aggressive, vulgar, provocative, or threatening with the intention to influence voters’ choice or to abstain from the election would face up to 10 years jail and a Bt200,000 fine.

Jatuporn said the court could also revoke people’s right to participate in elections. “We have expressed our personal opinion without enticing anyone to do anything. But we should not have to be fearful to express our opinion,” he said.

Jatuporn called on the government to allow the UN, the EU or other international organisations to observe the referendum to ensure transparency and fairness.