Junta tightens grip on media

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.