Media oppose NCPO broadcasting order

Media oppose NCPO broadcasting order

Commandos search a red-shirt community radio station in Pathum Thani province in 2014. Deputy Prime Minister Wissanu Krea-ngam says the new NCPO order is aimed mainly at dealing with illegal community radio stations. (Photo by Pongpat Wongyala)
Commandos search a red-shirt community radio station in Pathum Thani province in 2014. Deputy Prime Minister Wissanu Krea-ngam says the new NCPO order is aimed mainly at dealing with illegal community radio stations. (Photo by Pongpat Wongyala)

Print, broadcast and online news organisations on Friday criticised an order by the National Council for Peace and Order order granting immunity to broadcast and telecom regulators, saying it violates freedom of expression and demanding a review.

They issued a strongly worded joint statement on Friday despite assurances from a deputy prime minister that the order would only be applied in cases where there was a genuine threat to public order or social harmony.

The criticism came from the National Press Council of Thailand, the News Broadcasting Council of Thailand, the Thai Journalists Association, the Thai Broadcast Journalists Association, and the Online News Providers Association.

They stated that Order No.41/2559 of Gen Prayut Chan-o-cha, issued under Section 44 of the interim charter in his capacity as the chief of the NCPO, could limit freedom of expression and of the media on issues of national concern and the content of the draft charter. As a result, they said, the Aug 7 charter referendum could be seen as illegitimate and unacceptable to the international community.

The order also showed that the National Broadcasting and Telecommunications Commission (NBTC), supposedly an independent organisation, was being used as a tool to threaten the mass media. As a result, the journalists said, people could not receive sufficient information.

The media organisations demanded the NCPO chief review the order and suggested the NBTC could use normal laws to regulate the media.

They also urged the NBTC to carefully exercise its authority, maintain its role as an independent organisation and not bow to political intimidation.

The five media organisations also claimed there have been attempts to intervene in and limit the freedom of the media by enforcing new laws. At the same time, they encouraged the mass media to adhere to their ethics.

Deputy PM Wissanu Krea-ngam said earlier that Gen Prayut's order on Thursday was meant to protect decent officials and facilitate law enforcement.

"It's intended only to protect regulators who have been threatened by ill-intentioned broadcasters," he said.

The protection applies only when the officials perform their duties honestly, appropriately and without discriminating, Mr Wissanu said, adding without it, they would be reluctant to take action for fear of lawsuits.

At the same time, broadcasters can still file civil charges for damages under the administrative liabilities law, the deputy prime minister said.

He denied the order was intended to suppress dissent ahead of the referendum, especially on Peace TV.

"The regulators are targeting mainly illegal community radio stations disseminating false information and lese majeste content. It has nothing to do with the upcoming charter referendum or the NBTC's attempts to take red-shirt Peace TV channel off the air," Mr Wissanu said.

The order stipulates that NBTC personnel would be shielded from criminal and civil suits as well as disciplinary action if they perform their duties properly in overseeing broadcast content.

Notably, the order has retroactive effect from 2014 since it was based on the NCPO announcements 97 and 103 outlining illegal content. They prohibit the dissemination of lies, distorted and inciteful materials and criticism of the NCPO in a dishonest manner aimed at destroying its credibility.

Since the coup, the NBTC has taken action against a number of broadcasters critical of the coup or the junta based on the two announcements. The actions range from warning them, having them sign memorandums agreeing to stop airing illegal content and suspending or revoking licences. With the order, all of the NBTC's past actions will now be protected. 

Most recently, the NBTC suspended Peace TV's licence twice but each time the Central Administrative Court granted an injunction requested by the station to continue to operate.

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