“Everyone must have the right to hold opinions without interference,” said David Kaye, UN Special Rapporteur on freedom of opinion and expression in a press release issued by the Office of the UN High Commissioner for Human Rights.
The press release stressed the act’s Article 61 for criminalising anyone who disseminates “false”, “rude”, “inciting” or “intimidating” messages concerning the referendum and the charter draft. The punishment specified is up to 10 years in prison, a maximum fine of Bt200,000 and loss of voting rights for 10 years.
The junta government responded that these penalties were suitable to Thailand’s “[political] transitory period” that required “special” laws to keep the country in order.
Government Deputy Spokesperson Maj-General Werachon Sukondhapatipak claimed the government adhered to international rights principles and never obstructed public expression of opinion on the draft.
“Should you be worried, as stated in the press release, we are concerned about the appropriateness of personal opinions that may infringe Thai laws,” Werachon said. He added the government was willing to listen to suggestions “if they are useful”.
Chief charter drafter Meechai Ruchupan countered Kaye by asking rhetorically whether the UN truly understood the difference between freedom and acts of reporting false information to the public.
“Only distorted and false information is prohibited from being spread during the campaign period,” Meechai said. “It’s not that people are banned from expressing opinions at all.”
It has been reported that at least 86 people have been investigated or charged under the government clampdown since June, the UN’s press release said. Numbers of activists, including a journalist, were also charged under the act for a campaign urging voters to reject the draft earlier this month.
Kaye urged the Thai government to halt enforcement of the Referendum Act and drop all charges under the act and related military orders. It should also uphold its international obligation to safeguard the broad and expansive right to freedom of expression guaranteed to everyone, he said.