A Constitutional Court judge has asked the National Legislative Assembly (NLA) to amend the Film and Video Act to make it fairer.
Surat Maneenopparatsuda, a rubbish collector, is surrounded by family members after being released from a detention centre in Pathum Thani yesterday. An anonymous donor paid his fine to secure his release. He was fined 133,400 baht by a court for selling copyrighted CDs and VCDs without a licence. Pongpat Wongyala
Constitution Judge Jarun Pukditanakul yesterday conceded the existing law is still at odds with what people now deem to be fair.
His comment follows a Supreme Court ruling on Thursday, which upheld a lower court ruling, to fine City Hall rubbish collector Surat Maneenopparatsuda 133,400 baht for violating the copyright protection law.
Surat, 28, put up for sale 13 compact discs and 83 video compact discs he collected from rubbish dumps at Krungthep Kritha intersection on Srinakarin Road in December 2008.
Mr Surat was unable to pay the fine so he was sent to prison to serve one day in exchange for every 200 baht of the fine, which worked out to be a jail term of 667 days.
However, the court yesterday ordered his release after an anonymous donor paid the 133,400 fine. A source said the donor is a lawyer from Prachin Buri.
Judge Jarun said under the Criminal Code the law allows the suspension of a jail term.
But under the the Film and Video Act, which has a maximum punishment of a one-million-baht fine without jail, the law does not allow the court to suspend punishment for people found guilty of breaking the copyright protection law.
"The basic law stipulates that a jail sentence can be suspended, but for petty crimes, which carry lighter punishments, there is still no suspension with the Film and Video Act."
Laws related to the act must be quickly amended by the NLA, Judge Jarun said, adding that the Courts of Justice had already proposed that an amendment to the law be submitted to the NLA agenda in the next two or three months.
The Film and Video Act is meant to protect the Thai film industry but there is no limit to the severity of the punishment for people found guilty of violating the act, he added.
Bangkok Governor MR Sukhumbhand Paribatra said he had held talks with BMA executives about the possible formation of a club to help raise funds for City Hall officials and employees who encounter problems out of working hours.
He also said he and Interior Minister Anupong Paojinda had donated money to help Mr Surat pay his fine but his lawyer turned up first with the anonymous donation.